There is some orphaned language in that clause pertaining to Discretionary Redemption Payments, e.g., "Subject to Section 4(f)(i) below". Alas, there is no Section 4(f)(i). It may just be a typo and what it should say is 3(f)(i), which would be a cogent fix. But I don't want to assume, especially given the iterative versioning of the document.
The clause also refers to Section 4(a), which does exist; however, that reference seems somewhat incongruent with the content of 4(a), which is merely the definition clause for "Change of Control." I do see the connection between Change of Control impacts on redemption mechanics, but given the ambiguity of the 4(f)(i) reference, it seems reasonable to wonder about this, i.e., that the reference should be to Section 3(a), not 4(a). This reading would make more sense.
In Section 9, Termination, there exists this reference, "Sections 2, 4 and 7 of this instrument will expire and terminate." Section 4 is Definitions. So I believe this reference is off as well.
In Section 10(a), Miscellaneous, there is also a reference to "including under Section 4(f)", which, again, does not exist.
There is some orphaned language in that clause pertaining to Discretionary Redemption Payments, e.g., "Subject to Section 4(f)(i) below". Alas, there is no Section 4(f)(i). It may just be a typo and what it should say is 3(f)(i), which would be a cogent fix. But I don't want to assume, especially given the iterative versioning of the document.
The clause also refers to Section 4(a), which does exist; however, that reference seems somewhat incongruent with the content of 4(a), which is merely the definition clause for "Change of Control." I do see the connection between Change of Control impacts on redemption mechanics, but given the ambiguity of the 4(f)(i) reference, it seems reasonable to wonder about this, i.e., that the reference should be to Section 3(a), not 4(a). This reading would make more sense.
In Section 9, Termination, there exists this reference, "Sections 2, 4 and 7 of this instrument will expire and terminate." Section 4 is Definitions. So I believe this reference is off as well.
In Section 10(a), Miscellaneous, there is also a reference to "including under Section 4(f)", which, again, does not exist.