This excerpt taken from the RAD 8-K filed Feb 20, 2009.
Purchase Period”). Each Second Lien Claimholder that gives notice of its intention to exercise its purchase right shall concurrently provide a copy of such notice to the Second Lien Agent and the other Second Lien Claimholders. If more than one Second Lien Claimholder elects to exercise its purchase option in accordance with this Section 3.4, the First Lien Obligations shall be purchased by such Second Lien Claimholders on a pro rata basis according to the amount of Second Lien Obligations owing to each Second Lien Claimholder that has exercised its purchase right relative to the aggregate amount of Second Lien Obligations owing to all Second Lien Claimholders that have exercised their purchase right. If any Second Lien Claimholders choose to exercise their purchase right, such purchase shall be effected pursuant to documentation mutually acceptable to each of the First Lien Agent and the Second Lien Agent (and, in the event more than one Second Lien Claimholder has exercised its purchase right, in a single closing). If the Second Lien Claimholders elect not to exercise their purchase right under this Section 3.4 following receipt of the Purchase Notice (or do not irrevocably provide notice of such exercise within the required timeframe or close the purchase within the Purchase Period, unless such failure is to due solely to breach by the First Lien Claimholders of this Agreement), the First Lien Claimholders shall have no further obligations pursuant to this Section 3.4. Each Second Lien Claimholder which exercises its purchase right hereunder agrees to indemnify the First Lien Claimholders from and against any loss, liability, claim, damage or expense (including, without limitation, reasonable fees and expenses of legal counsel) arising out of any claim asserted by a third party against the First Lien Claimholders as a direct result of any acts by such Second Lien Claimholder occurring after the date of such purchase.
SECTION 4. Payments.