Common use of Section 1 G Clause in Contracts

Section 1 G. 1. will not apply if the transaction that constitutes a “change in control” 19 consists solely of a corporate form restructuring that creates a parent holding company of 20 the Company, whose shareholders and Board of Directors at the closing of the transaction 21 are substantially the same as the shareholders and Board of Directors of the Company 23 transaction during the Company’s Chapter 11 reorganization or to a plan of 24 reorganization resulting in emergence from Chapter 11.

Section 1 G. 1. will not apply if the transaction that constitutes a “change in control” 19 42 consists solely of a corporate form restructuring that creates a parent holding company of 20 43 the Company, whose shareholders and Board of Directors at the closing of the transaction 21 44 are substantially the same as the shareholders and Board of Directors of the Company 23 transaction during the Company’s Chapter 11 reorganization or to a plan of 24 reorganization resulting in emergence from Chapter 11.

Section 1 G. 1. will not apply if the transaction that constitutes a “change in control” 19 28 consists solely of a corporate form restructuring that creates a parent holding company of 20 29 the Company, whose shareholders and Board of Directors at the closing of the transaction 21 30 are substantially the same as the shareholders and Board of Directors of the Company 23 32 transaction during the Company’s Chapter 11 reorganization or to a plan of 24 33 reorganization resulting in emergence from Chapter 11.

Section 1 G. 1. will not apply if the transaction that constitutes a “change in control” 19 30 consists solely of a corporate form restructuring that creates a parent holding company of 20 31 the Company, whose shareholders and Board of Directors at the closing of the transaction 21 32 are substantially the same as the shareholders and Board of Directors of the Company 23 34 transaction during the Company’s Chapter 11 reorganization or to a plan of 24 35 reorganization resulting in emergence from Chapter 11.