Common use of An Exchange Offer Registration Statement pursuant to Section Clause in Contracts

An Exchange Offer Registration Statement pursuant to Section. 2(a) hereof or a Shelf Registration Statement pursuant to Section 2(b) hereof will not be deemed to have become effective unless it has been declared effective by the SEC; provided, however, that, if, after it has been declared effective, the offering of Registrable Securities pursuant to a Shelf Registration Statement is interfered with by any stop order, injunction or other order or requirement of the SEC or any other governmental agency or court, such Registration Statement will be deemed not to have become effective during the period of such interference until the offering of Registrable Securities pursuant to such Registration Statement may legally resume. As provided for in the Indenture, the Notes will accrete in value through March 1, 2003 and thereafter will accrue interest at the rate of 12% per annum payable semiannually in arrears on March 1 and September 1 of each year commencing September 1, 2003; provided that if by February 19, 1999 the Company has not consummated the Exchange Offer or caused the Shelf Registration Statement to be declared effective, interest (in addition to interest otherwise due on the Exchange Securities after March 1, 2003) will accrue at a rate of 0.5% per annum of the Accreted Value (as defined in the Indenture) on the preceding Semi-Annual Accrual Date (as defined in the Indenture) and be payable in cash semiannually on March 1 and September 1 of each year, commencing September 1, 1999, until the Exchange Offer is consummated or the Shelf Registration Statement is declared effective.

An Exchange Offer Registration Statement pursuant to Section. 2(a) hereof or a Shelf Registration Statement pursuant to Section 2(b) hereof will not be deemed to have become effective unless it has been declared effective by the SEC; provided, however, that, that if, after it has been declared effective, the offering of Registrable Securities Shares pursuant to a Shelf Registration Statement is interfered with by any stop order, injunction or other order or requirement of the SEC or any other governmental agency or court, such Registration Statement will be deemed not to have become effective during the period of such interference until the offering of Registrable Securities Shares pursuant to such Registration Statement may legally resume. As provided for in the IndentureCertificate of Designation, in the Notes will accrete in value through March 1, 2003 and thereafter will accrue interest at the rate of 12% per annum payable semiannually in arrears on March 1 and September 1 of each year commencing September 1, 2003; provided that if by February 19, 1999 the Company has not consummated event the Exchange Offer is not consummated on or caused the Shelf Registration Statement prior to be declared effectiveAugust 15, interest (in addition to interest otherwise due on the Exchange Securities after March 11998, 2003) dividends will accrue accrue, at a an annual rate of 0.5% per annum of the Accreted Value (as defined in the Indenture) liquidation preference thereof, on the preceding Semi-Annual Accrual Date (as defined in the Indenture) and be payable in cash semiannually on March 1 and September 1 of each yearShares from August 15, commencing September 11998, 1999and, until if the Exchange Offer is not consummated on or prior to November 15, 1998, dividends will accrue, at an additional annual rate of 0.5% of the liquidation preference thereof, on the Shares from November 15, 1998, payable in PIK Shares until the earlier of the date upon which (i) the Exchange Offer is consummated, (ii) a Shelf Registration Statement with respect to all Registrable Shares is declared effectiveeffective or (iii) the Shares become freely tradeable without registration under the 1933 Act; at which time, in any such case, upon the request of any Holder of the Shares, the Company will deliver to such Holder certificates evidencing such Holder's Shares without the legends restricting the transfer thereof.

An Exchange Offer Registration Statement pursuant to Section. 2(a) hereof or a Shelf Registration Statement pursuant to Section 2(b) hereof will not be deemed to have become effective unless it has been declared effective by the SEC; provided, however, that, if, after it has been declared effective, the offering of Registrable Securities pursuant to a Shelf Registration Statement is interfered with by any stop order, injunction or other order or requirement of the SEC or any other governmental agency or court, such Registration Statement will be deemed not to have become effective during the period of such interference until the offering of Registrable Securities pursuant to such Registration Statement may legally resume. As provided for in the Indenture, the Notes will accrete in value through March 1, 2003 and thereafter will accrue interest at the rate of 12% per annum payable semiannually in arrears on March 1 and September 1 of each year commencing September 1, 2003; provided that if by February 19, 1999 the Company has not consummated the Exchange Offer or caused the Shelf Registration Statement to be declared effective, interest (in addition to interest otherwise due on the Exchange Securities after March 1, 2003) will accrue at a rate of 0.5% per annum of the Accreted Value (as defined in the Indenture) on the preceding Semi-Annual Accrual Date (as defined in the Indenture) and be payable in cash semiannually on March 1 and September 1 of each year, commencing September 1, 1999, until event the Exchange Offer is not consummated or and the Shelf Registration Statement is not declared effective on or prior to January 30, 1997, the interest rate on the Securities will increase by 0.5% to 12 5/8% per annum. If such Exchange Offer is not consummated and a Shelf Registration Statement is not declared effective on or prior to July 30, 1997, the rate of interest will increase by an additional 0.5% per annum to 13 1/8% per annum. Upon consummation of the Exchange Offer or the effectiveness of the Shelf Registration Statement, as the case may be, the rate of interest will decrease to the original rate of interest of 12 1/8% per annum. If a Shelf Registration Statement is required solely by the matters referred to in clause (iii) of the first sentence of Section 2(b), such increase in interest rate shall be payable only to the Placement Agents, with respect to Notes held by them, and only with respect to any period (after January 30, 1997) during which such Shelf Registration Statement is not effective.