Common use of Initial Determinations Clause in Contracts

Initial Determinations. Promptly, and in any event within ten days after the occurrence of the Post-Effective Date Equity Distribution, the Company shall determine each of the items listed below and deliver an Officer’s Certificate to the Trustee setting forth its determination of such items, together with reasonably detailed materials showing its calculation thereof, and certifying that such determinations and calculations are accurate and complete: (1) Total amount of Authorized Plan Distribution Shares outstanding immediately after the Post-Effective Date Equity Distribution (“Total Outstanding Shares”); (2) The aggregate number of Total Outstanding Shares beneficially owned by the DIP Lenders and their Affiliates (the “DIP Lender Equity Holdings”); provided that such aggregate number shall not include any shares of Common Stock acquired by a DIP Lender or an Affiliate in the Post-Effective Date Equity Distribution; (3) The percentage of the Total Outstanding Shares represented by the DIP Lender Equity Holdings (the “DIP Lender Equity Percentage”); and (4) Which of the following has occurred: a Scenario 1 Final Equity Distribution, Scenario 2 Final Equity Distribution or Scenario 3 Final Equity Distribution.

Initial Determinations. Promptly, and in any event within ten days after the occurrence of the Post-Effective Date Equity Distribution, the Company shall determine each of the items listed below and deliver an Officer’s Certificate to the Trustee setting forth its determination of such items, together with reasonably detailed materials showing its calculation thereof, and certifying that such determinations and calculations are accurate and complete: (1) Total amount of Authorized Plan Distribution Shares outstanding immediately after the Post-Effective Date Equity Distribution (“Total Outstanding Shares”); (2) The aggregate number of Total Outstanding Shares beneficially owned by the DIP Lenders and their Affiliates (the “DIP Lender Equity Holdings”); provided that such aggregate number shall not include any shares of Common Stock acquired by a DIP Lender or an Affiliate in the Post-Effective Date Equity Distribution;. (3) The percentage of the Total Outstanding Shares represented by the DIP Lender Equity Holdings (the “DIP Lender Equity Percentage”); and (4) Which of the following has occurred: a Scenario 1 Final Equity Distribution, Scenario 2 Final Equity Distribution or Scenario 3 Final Equity Distribution.