Example ContractsClauseseffect of non assumption in a change in controlVariants
Effect of Non Assumption in a Change in Control
Effect of Non Assumption in a Change in Control contract clause examples

Change in Control. (i) Any Person (other than one or more members of the Control Group) shall at any time own, directly or indirectly, shares representing more than 35% of the aggregate ordinary voting power represented by the issued and outstanding Capital Stock of or # aChange of Control” as defined in the Existing Senior Notes Indentures or any “Change of Control” as defined in any indenture governing indebtedness permitted by [Section 6.05(e) or 6.05(n)])] or any event described with similar terminology thereunder shall occur; or

Change of Control: any of the following: (a) any Person or group of Persons (within the meaning of the Securities Exchange Act of 1934, as amended) shall have acquired beneficial ownership (within the meaning of Rule 13d-3 promulgated by the SEC under the Securities Exchange Act of 1934, as amended) of 50% or more of the issued and outstanding shares of Equity Interests of having the right to vote for the election of directors of under ordinary circumstances; (b) during any period of 12 consecutive months, a majority of the members of the board of directors or other equivalent governing body of (the “Board”) cease to be composed of individuals (i) who were members of that Board on the first day of such period, (ii) whose election or nomination to that Board was approved by individuals referred to in [clause (i) above] constituting at the time of such election or nomination at least a majority of that Board or (iii) whose election or nomination to that Board was approved by individuals referred to in [clauses (i) and (ii) above] constituting at the time of such election or nomination at least a majority of that Board; (c) any “Change of Control” (as defined in the 2020 Note Indenture) shall occur; or (d) shall cease to own and control, directly or indirectly, all of the economic and voting rights associated with all of the outstanding Equity Interests of any other Borrower.

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