Common use of Termination of Certain Indebtedness Clause in Contracts

Termination of Certain Indebtedness. (a) The Company shall use commercially reasonable efforts to deliver to Parent at least two Business Days prior to the date of acceptance of shares of Company Common Stock for payment pursuant to the Offer a letter or other information from the lenders under the Company’s existing credit facility, setting forth, with respect to the indebtedness under such facility, the amount of principal, interest and other fees and expenses required to satisfy and terminate all obligations of the Company and in form and substance reasonably satisfactory to Parent. (b) On the date of acceptance of shares of Company Common Stock for payment pursuant to the Offer, subject to Parent making available necessary funds to do so, the Company shall, and shall cause the Company Subsidiaries to, (i) terminate the Company’s existing credit facility, if and to the extent specified by Parent to the Company no later than ten days prior to such date, and (ii) to the extent such facility is terminated pursuant to this Section 6.13, cause to be released any Liens securing obligations under such facility. (c) The Company shall, if notified in writing by Parent concurrently with the notice contemplated by Section 6.13(b) above, grant, and cause any relevant Company Subsidiaries to grant, Liens as directed by Parent that are substantially identical (other than with respect to the timing of perfection thereof) to the Liens, if any, that were securing the Company’s existing credit facility repaid in accordance with Section 6.13(b), such Liens to be granted immediately prior to and in anticipation of such repayment.