Common use of Corporate Restructuring Clause in Contracts

Corporate Restructuring. The Borrower shall use diligent efforts to undertake such corporate actions, including, without limitation, the consolidation or dissolution of intermediary Foreign Subsidiaries as may be necessary and prudent to result in all of the Capital Stock of SwissCo 2 being owned directly by a Loan Party. To the extent that, and only for so long as, SwissCo 2’s payment of dividends to the Borrower would be (i) adverse to the Borrower’s business, property, operations or condition (financial or otherwise), (ii) not permitted by applicable law or (iii) subject to any necessary corporate or governmental approvals that have not been received and remain in effect, SwissCo 2 may make loans to the Borrower pursuant to the SwissCo Note in lieu of paying dividends. Section 6.1 is amended in its entirety to read as follows:

Corporate Restructuring. The Borrower shall use diligent efforts to undertake such corporate actions, including, without limitation, the consolidation or dissolution of intermediary Foreign Subsidiaries as may be necessary and prudent to result in all of the Capital Stock of SwissCo Swissco 2 being owned directly by a Loan Party. To the extent that, and only for so long as, SwissCo Swissco 2’s payment of dividends to the Borrower would be (ia) adverse to the Borrower’s business, property, operations or condition (financial or otherwise), (iib) not permitted by applicable law or (iiic) subject to any necessary corporate or governmental approvals that have not been received and remain in effect, SwissCo Swissco 2 may make loans to the Borrower pursuant to the SwissCo Swissco 2 Revolving Note in lieu of paying dividends. Section 6.1 is amended in its entirety to read as follows: