Common use of The Exchange Offer Clause in Contracts

The Exchange Offer. Subject to the terms and conditions of this Exchange Agreement, the undersigned Investor hereby agrees to exchange the principal amount of 6.50% Notes set forth on the signature page of the Investor hereto (the “Exchanged 6.50% Notes”) for the New Note, and the Company hereby agrees to issue the New Note to the Investor in exchange for such Exchanged 6.50% Notes.

The Exchange Offer. Subject to the terms and conditions of this Exchange Agreement, the undersigned Investor hereby agrees to exchange the total principal amount of 6.50% Notes set forth on the signature page of the Investor hereto (the “Exchanged 6.50% Notes”) ), for a number of Shares as set forth on the New Notesignature page of the Investor hereto, representing a per Share value of $4.00, and the Company hereby agrees to issue the New Note such number of Shares to the Investor in exchange for such Exchanged 6.50% Notes.