Common use of Successor Index Clause in Contracts

Successor Index. In the event that the Company, in its sole discretion, determines that it is necessary or appropriate to use a Successor Index (as defined in Exhibit A hereto) to the Index, the Company shall give written notice to the Warrant Agent, which shall then promptly notify the Warrantholders (in the manner provided in Section 6.05), to the effect that (a) a Successor Index will replace the Index and (b) pursuant to the Warrant Agreement and the Warrants, such Successor Index will be used in place of the Index for all purposes relating to the Warrants, and the Company shall make available to the Warrantholders, upon request, a written description of the manner in which such Successor Index is determined.

Successor Index. In the event that the Company, in its sole discretion, determines that it is necessary or appropriate to use a Successor Index (as defined in Exhibit A hereto) to the Index, the Company shall give written notice to the Warrant Agent, which shall then promptly notify the Warrantholders (in the manner provided in Section 6.05), to the effect that (a) a Successor Index will replace the Index and (b) pursuant to the Warrant Agreement and the Warrants, such Successor Index will be used in place of the Index for all purposes relating to the Warrants, and the Company shall make available to the Warrantholders, upon request, a written description of the manner in which such Successor Index is determined.