Common use of Ownership of the Notes Clause in Contracts

Ownership of the Notes. Each Supporting Holder severally (and not jointly) represents and warrants as to itself only that it beneficially owns (and/or (i) serves as the investment advisor or manager for the beneficial holder(s) of such Notes having the power to vote and dispose of such holdings on behalf of such beneficial holder(s) or (ii) to the extent it has loaned or transferred any Notes to any third-party on a temporary basis pursuant to any loan or repurchase agreement (any such notes, “Loaned Notes”), it has recalled any Loaned Notes to the extent possible, and will use commercially reasonable efforts to beneficially own any such Notes as of the closing date of the Transactions) as of the Agreement Effective Date the aggregate principal amount of Notes set forth opposite its name on Schedule 1 hereto, which represent all the Notes beneficially owned (or recalled or managed as set forth above) by such Supporting Holder as of the Agreement Effective Date, and such Notes, and any Additional Notes (defined below) acquired by the Supporting Holder following the Agreement Effective Date, in each case, shall be owned by the Supporting Holder free and clear of any pledge, security interest, claim, lien or other encumbrance of any kind or, with respect to any recalled notes as set forth above, shall be so owned if such Notes are successfully recalled prior to the consummation of the Transactions. For the avoidance of doubt and notwithstanding anything in this Agreement to the contrary, any Supporting Holder’s inability to participate in the Private Exchange or consent to the Proposed Amendments with respect to any Notes on account of an inability to recall Loaned Notes, if any, prior to consummation of the Transactions, or on account of applicable internal and external guidelines and restrictions, shall not be a default with respect to such Supporting Holder’s obligations under this Agreement or any Definitive Document.

Ownership of the Notes. Each Supporting Holder severally (and not jointly) represents and warrants as to itself only that it beneficially owns (and/or (i) serves as the investment advisor or manager for the beneficial holder(s) of such Notes having the power to vote and dispose of such holdings on behalf of such beneficial holder(s) or (ii) to the extent it has loaned or transferred any Notes to any third-party on a temporary basis pursuant to any loan or repurchase agreement (any such notes, “Loaned Notes”), it has recalled any Loaned Notes to the extent possible, and will use commercially reasonable efforts to beneficially own any such Notes as of the closing date of the Transactions) as of the Agreement Effective Date the aggregate principal amount of Notes set forth opposite its name on Schedule 1 hereto, which represent all the Notes beneficially owned (or recalled or managed as set forth above) by such Supporting Holder as of the Agreement Effective Date, and such Notes, and any Additional Notes (defined below) acquired by the Supporting Holder following the Agreement Effective Date, in each case, shall be owned by the Supporting Holder free and clear of any pledge, security interest, claim, lien or other encumbrance of any kind or, with respect to any recalled notes as set forth above, shall be so owned if such Notes are successfully recalled prior to the consummation of the Transactions. For the avoidance of doubt and notwithstanding anything in this Agreement to the contrary, any Supporting Holder’s inability to participate in the Private Exchange or consent to the Proposed Amendments with respect to any Notes on account of an inability to recall Loaned Notes, if any, prior to consummation of the Transactions, or on account of applicable internal and external guidelines and restrictions, shall not be a default with respect to such Supporting Holder’s obligations under this Agreement or any Definitive Document.to