Further Agreement

Further Agreement. Notwithstanding any other provision of this Agreement, in the event that the sale of the Securities takes place in accordance with Section 2 of this Agreement but the Spinoff is not consummated on or prior to 11:59 pm, New York City time, on November 30, 2004, and, as a result, the Company is required to redeem the Securities pursuant to the special mandatory redemption feature described in the Final Memorandum, then (i) each of the Initial Purchasers shall promptly reimburse the Company for... the "spread" paid by the Company to the Initial Purchasers on the Closing Date (i.e. 2.5% of the principal amount of Securities purchased by such Initial Purchasers), and (ii) the Company shall reimburse the Initial Purchasers for their expenses as provided in Section 7 of this Agreement as if the sale of the Securities had not been consummated. View More