Reversal. If Requisite Consents (as defined in the Consent Solicitation Statement) are obtained and this Supplemental Indenture is executed but either (i) the Sysco Acquisition Agreement is terminated in accordance with its terms (the “Termination”) or (ii) the Sysco Acquisition is not consummated by September 8, 2015 (the “Outside Date”), the definitions of “Change of Control,” “Parent” and “Permitted Holder” in the Indenture shall revert to the forms in effect immediately prior to the execution of this Supplemental Indenture, with such reversion being retroactive to the date of this Supplemental Indenture, and the amendments contemplated by Section 2 hereof shall be deemed to have never been in effect. The Company shall promptly notify the Trustee in writing if (i) a Termination occurs or (ii) the Sysco Acquisition is not consummated by the Outside Date.
Appears in 2 contracts
Sources: Fourth Supplemental Indenture, Fourth Supplemental Indenture (Us Foods, Inc.)