Acquisition of Notes. None of the General Partners or the Company shall, nor shall any permit any of their respective Subsidiaries or any Restricted Affiliate to, prepay or otherwise retire in whole or in part prior to their stated final maturity (other than by prepayment pursuant to Section 9.1, 9.2, 9.3 or 9.4 or upon acceleration of such final maturity pursuant to Section 11), or purchase or otherwise acquire, directly or indirectly, Notes held by any holder, except, in the case of such purchase or acquisition, pursuant to an offer to purchase made pro rata to the holders of all of the Notes on the same terms and conditions. Any Notes prepaid or otherwise retired or purchased or otherwise acquired by the Company or any of its Subsidiaries or either General Partner shall not be deemed to be outstanding for any purpose under this Agreement or any other Operative Agreement. Any Notes prepaid or otherwise purchased or otherwise acquired by any Affiliate of the Company (other than any of its Subsidiaries or either General Partner) shall not be deemed outstanding for the purpose of any vote of the holders of the Notes (including, without limitation, the calculation of any percentage of principal amount of the Notes outstanding with respect to any such vote) pursuant to this Agreement or any other Operative Agreement but shall be deemed outstanding with respect to the calculation of any future payment of principal, premium and interest on the Notes.
Appears in 2 contracts
Sources: Note Agreement (Cornerstone Propane Partners Lp), Note Agreement (Cornerstone Propane Partners Lp)