Examples of Permitted Reinvestment in a sentence
A Change of Control resulting from an Asset Sale of the Business shall be deemed to have occurred (1) under subsection (b)(i) above on the earlier of (x) the date on which such Prohibited Use occurs and (y) the date on which the Corporation or any subsidiary or Affiliate thereof has entered into an agreement or commitment to undertake a Prohibited Use and (2) under subsection (b)(ii) above, after 5:00 p.m., New York City time on the last calendar day of the Permitted Reinvestment Period.
Notwithstanding the foregoing, a Change of Control will not be deemed to occur from any Option Exercise if within 360 days after the receipt of any Net Cash Proceeds from such Option Exercise, the Net Cash Proceeds are used to make Permitted Reinvestment.
For the avoidance of doubt, following the occurrence of a Prohibited Use or a Permitted Reinvestment, the Corporation shall remain subject to the restrictions and prohibitions set out elsewhere in this Statement of Designation and shall not be permitted to take any of the actions prohibited by the foregoing sentence to the extent so prohibited by the other terms of this Statement of Designation.