Common use of Backstop Commitment Agreement Clause in Contracts

Backstop Commitment Agreement. As defined in the Term Sheet. Backstop Fee As defined in the Term Sheet. Backstop Parties Certain of the Supporting Creditors, in their capacity as Backstop Parties under the Backstop Commitment Agreement, including funds and/or accounts managed or advised by Ascribe Capital LLC, Blue Mountain Capital Management, LLC, GSO Capital Partners LP, Silver Point Capital L.P., Solus Alternative Asset Management LP and Symphony Asset Management LLC, in each case that are parties to the RSA. Bankruptcy Code As defined in the Term Sheet. Bankruptcy Court As defined in the Term Sheet. Bermuda Act As defined in the Introduction. Bermudian Court As defined in the Introduction. Bermudian Debtors As defined in the Introduction. Bermudian Proceedings As defined in the Introduction. C&J Common Stock C&J Energy’s authorized and issued common stock outstanding as of the Effective Date. C&J Energy As defined in the Introduction. Canadian Court As defined in the Introduction. Canadian Debtors As defined in the Introduction. Canadian Proceedings As defined in the Introduction. Cause of Action Any claims, interests, damages, remedies, causes of action, demands, rights, actions, suits, obligations, liabilities, accounts, defenses, offsets, powers, privileges, licenses, liens, indemnities, guaranties, and franchises of any kind or character whatsoever, whether known or unknown, foreseen or unforeseen, existing or hereinafter arising, contingent or non-contingent, liquidated or unliquidated, secured or unsecured, assertable, directly or derivatively, matured or unmatured, suspected or unsuspected, in contract, tort, law, equity, or otherwise. Causes of Action also include: (a) all rights of setoff, counterclaim, or recoupment and claims under contracts or for breaches of duties imposed by law; (b) the right to object to or otherwise contest Claims or Interests; (c) claims pursuant to sections 362, 510, 542, 543, 544 through 550, or 553 of the Bankruptcy Code; and (d) such claims and defenses as fraud, mistake, duress, and usury, and any other defenses set forth in section 558 of the Bankruptcy Code. CCAA As defined in the Introduction.

Backstop Commitment Agreement. As defined in the Term Sheet. Backstop Fee As defined in the Term Sheet. Backstop Parties Certain of the Supporting CreditorsCreditors (or certain designated affiliates thereof), in their capacity as Backstop Parties under the Backstop Commitment Agreement, including certain funds and/or accounts managed or advised by Ascribe Capital LLC, Blue Mountain Capital Management, LLC, GSO Capital Partners LP, Silver Point Capital L.P., Solus Alternative Asset Management LP and Symphony Asset Management LLC; provided, in however, that each case that are parties to the RSABackstop Party shall be a Supporting Creditor. Bankruptcy Code As defined in the Term Sheet. Bankruptcy Court As defined in the Term Sheet. Bermuda Act As defined in the Introduction. Bermudian Court As defined in the Introduction. Bermudian Debtors As defined in the Introduction. Bermudian Proceedings As defined in the Introduction. C&J Common Stock C&J Energy’s authorized and issued common stock outstanding as of the Effective Date. C&J Energy As defined in the Introduction. Canadian Court As defined in the Introduction. Canadian Debtors As defined in the Introduction. Canadian Proceedings As defined in the Introduction. Cause of Action Any claims, interests, damages, remedies, causes of action, demands, rights, actions, suits, obligations, liabilities, accounts, defenses, offsets, powers, privileges, licenses, liens, indemnities, guaranties, and franchises of any kind or character whatsoever, whether known or unknown, foreseen or unforeseen, existing or hereinafter arising, contingent or non-contingent, liquidated or unliquidated, secured or unsecured, assertable, directly or derivatively, matured or unmatured, suspected or unsuspected, in contract, tort, law, equity, or otherwise. Causes of Action also include: (a) all rights of setoff, counterclaim, or recoupment and claims under contracts or for breaches of duties imposed by law; (b) the right to object to or otherwise contest Claims or Interests; (c) claims pursuant to sections 362, 510, 542, 543, 544 through 550, or 553 of the Bankruptcy Code; and (d) such claims and defenses as fraud, mistake, duress, and usury, and any other defenses set forth in section 558 of the Bankruptcy Code. CCAA As defined in the Introduction.