Common use of Resale of Certain Securities Clause in Contracts

Resale of Certain Securities. Except as otherwise provided pursuant to Section 301 or pursuant to a supplemental indenture entered into pursuant to Article Nine hereof, prior to the date that is three years from the Closing Date with respect to the Securities of any series, neither the Company nor the Guarantor will, nor will it permit any of its “affiliates” (as defined under Rule 144 under the Securities Act) to, resell any Securities of such series (including the Guarantee(s)) which constitute “restricted securities” under Rule 144. The Trustee shall have no responsibility in respect of the Company’s and the Guarantor’s performance of its agreement in the preceding sentence.

Resale of Certain Securities. Except as otherwise provided pursuant to Section 301 or pursuant to a supplemental indenture entered into pursuant to Article Nine hereof, prior to the date that is three two years from the Closing Date with respect to the Securities of any series, neither the Company nor the Guarantor will, nor will it permit any of its “affiliates” (as defined under Rule 144 under the Securities Act) to, resell any Securities of such series (including the Guarantee(s)) which constitute “restricted securities” under Rule 144. The Trustee shall have no responsibility in respect of the Company’s and the Guarantor’s performance of its agreement in the preceding sentence.