Common use of NOTES ACQUIRED BY THE COMPANY Clause in Contracts

NOTES ACQUIRED BY THE COMPANY. The Company will as soon as practicable deliver to the Trustee for cancellation all Notes that the Company or any of its Subsidiaries has purchased or otherwise acquired; provided, however, that the Company may instead reissue or resell any such Notes so long as such Notes (A) will not constitute “restricted securities” (as defined in Rule 144) upon such reissuance or resale; and (B) will be fungible with all other Notes then outstanding for federal income tax purposes.

NOTES ACQUIRED BY THE COMPANY. The Company will as soon as practicable deliver to the Trustee for cancellation all Notes that the Company or any of its Subsidiaries has purchased or otherwise acquired; provided, however, that the Company may instead reissue or resell any such Notes so long as such Notes (A) will not constitute “restricted securities” (as defined in Rule 144) upon such reissuance or resale; and (B) will be fungible with all other Notes then outstanding for federal income tax purposes.. Section 3.08