REPURCHASE RIGHTS AGAINST THE COMPANY OR ANY OF ITS SUBSIDIARIES WITH RESPECT TO
SUCH MATERIAL FINANCING DEBT (OTHER THAN ANY SUCH RIGHTS THAT MAY BE SATISFIED
WITH "PAYMENT IN KIND" NOTES OR OTHER SIMILAR SECURITIES).
8.1.6.
OWNERSHIP; LIQUIDATION; ETC.
EXCEPT AS PERMITTED BY SECTION 6.10:
(A)
ANY PERSON, TOGETHER WITH "AFFILIATES" AND "ASSOCIATES" OF SUCH PERSON
WITHIN THE MEANING OF RULE 12B-2 OF THE EXCHANGE ACT, OR ANY "GROUP" INCLUDING
SUCH PERSON UNDER SECTIONS 13(D) AND 14(D) OF THE EXCHANGE ACT, OTHER THAN IRA
RENNERT AND TRUSTS OF WHICH IRA RENNERT IS THE GRANTOR, SHALL ACQUIRE AFTER THE
DATE HEREOF (I) BENEFICIAL OWNERSHIP WITHIN THE MEANING OF RULE 13D-3 OF THE
EXCHANGE ACT OF 33% OR MORE OF
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EITHER THE VOTING STOCK OR TOTAL EQUITY CAPITAL OF RENCO OR (II) DIRECT OR
INDIRECT CONTROL OF RENCO THROUGH A SHAREHOLDER, VOTING OR SIMILAR AGREEMENT OR
ARRANGEMENT;
(B)
RENCO SHALL CEASE TO OWN, BENEFICIALLY AND OF RECORD, (A) ALL THE CAPITAL
STOCK OF DRAC AND (B) ALL THE PREFERRED STOCK;
(C)
DRAC SHALL CEASE TO OWN, BENEFICIALLY AND OF RECORD, ALL THE COMMON STOCK,
EXCEPT FOR COMMON STOCK ISSUED UPON EXERCISE OF THE WARRANTS;
(D)
THE COMPANY SHALL CEASE TO OWN, DIRECTLY OR INDIRECTLY, ALL THE CAPITAL
STOCK OF ITS SUBSIDIARIES, EXCEPT TO THE EXTENT PERMITTED BY SECTION 6.11.1; OR
(E)
THE COMPANY OR ANY OF ITS SUBSIDIARIES OR ANY OTHER OBLIGOR SHALL INITIATE
ANY ACTION TO DISSOLVE, LIQUIDATE OR OTHERWISE TERMINATE ITS EXISTENCE.
8.1.7.
ENFORCEABILITY, ETC.
ANY CREDIT DOCUMENT OR ANY WARRANT DOCUMENT SHALL
CEASE FOR ANY REASON (OTHER THAN THE SCHEDULED TERMINATION THEREOF IN ACCORDANCE
WITH ITS TERMS) TO BE ENFORCEABLE IN ACCORDANCE WITH ITS TERMS OR IN FULL FORCE
AND EFFECT; OR ANY PARTY TO ANY CREDIT DOCUMENT OR ANY WARRANT DOCUMENT SHALL SO
ASSERT IN A JUDICIAL OR SIMILAR PROCEEDING; OR THE SECURITY INTERESTS CREATED BY
THIS AGREEMENT OR ANY OTHER CREDIT DOCUMENT SHALL CEASE TO BE ENFORCEABLE AND OF
THE SAME EFFECT AND PRIORITY PURPORTED TO BE CREATED HEREBY.
8.1.8.
JUDGMENTS.
A FINAL JUDGMENT (A) WHICH, WITH OTHER OUTSTANDING FINAL
JUDGMENTS AGAINST THE COMPANY AND ITS SUBSIDIARIES, EXCEEDS AN AGGREGATE OF
$2,500,000 IN EXCESS OF APPLICABLE INSURANCE COVERAGE SHALL BE RENDERED AGAINST
THE COMPANY OR ANY OF ITS SUBSIDIARIES, OR (B) WHICH GRANTS INJUNCTIVE RELIEF
THAT RESULTS, OR CREATES A MATERIAL RISK OF RESULTING, IN A MATERIAL ADVERSE
CHANGE AND IN EITHER CASE IF (I) WITHIN 30 DAYS AFTER ENTRY THEREOF, SUCH
JUDGMENT SHALL NOT HAVE BEEN DISCHARGED OR EXECUTION THEREOF STAYED PENDING
APPEAL OR (II) WITHIN 30 DAYS AFTER THE EXPIRATION OF ANY SUCH STAY, SUCH
JUDGMENT SHALL NOT HAVE BEEN DISCHARGED.
8.1.9.
ERISA.
ANY "REPORTABLE EVENT" (AS DEFINED IN SECTION 4043 OF ERISA)
SHALL OCCUR THAT REASONABLY COULD BE EXPECTED TO RESULT IN TERMINATION OF ANY
PLAN OR THE APPOINTMENT BY THE APPROPRIATE UNITED STATES DISTRICT COURT OF A
TRUSTEE TO ADMINISTER ANY PLAN OR THE IMPOSITION OF A LIEN IN FAVOR OF ANY PLAN,
AND SUCH "REPORTABLE EVENT" (AS DEFINED IN SECTION