Common use of Mitigation of Structure Risk Clause in Contracts

Mitigation of Structure Risk. To the extent reasonably practical and as would not otherwise have a material adverse effect on the Reorganization Plan or the Company, the Company will modify the Reorganization Plan in a manner requested by the several Purchasers if the several Purchasers reasonably determine that such modification would materially mitigate the risk of adverse federal income tax consequences to the several Purchasers, the Company, or any Subsidiary or the consequences of Section 16(b) under the Exchange Act for any Purchaser.

Mitigation of Structure Risk. To the extent reasonably practical and as would not otherwise have a material an adverse effect on the Reorganization Plan or the Company, the Company will and Holdings covenant to modify the Reorganization Plan in a manner requested by the several Purchasers if the several Purchasers reasonably determine that such modification would materially mitigate the risk of adverse federal income tax consequences to the several Purchasers, the Company, Holdings or any Subsidiary or the consequences of Section 16(b) under the Exchange Act for any PurchaserSubsidiary.