Common use of Commercially Reasonable Efforts Clause in Contracts

Commercially Reasonable Efforts. (a) Without in any way limiting any other respective obligation of the Company or any Commitment Party in this Agreement, each Party shall use (and the Company shall cause the other Debtors to use) commercially reasonable efforts to take or cause to be taken all actions, and do or cause to be done all things, reasonably necessary, proper or advisable in order to consummate and make effective the transactions contemplated by this Agreement and the Plan, including using commercially reasonable efforts in:

Appears in 4 contracts

Samples: Backstop Commitment Agreement (Linn Energy, LLC), Commitment Agreement (Pacific Drilling S.A.), Equity Investment Agreement (Vanguard Natural Resources, LLC)

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Commercially Reasonable Efforts. (a) Without in any way limiting any other respective obligation of the Company or any Commitment Party in this Agreement or the Plan Support Agreement, each Party shall use (and the Company shall cause the other Debtors to use) commercially reasonable efforts to take or cause to be taken all actions, and do or cause to be done all things, reasonably necessary, proper or advisable in order to consummate and make effective the transactions contemplated by this Agreement and the Plan, including using commercially reasonable efforts in:

Appears in 4 contracts

Samples: Backstop Commitment Agreement (Ultra Petroleum Corp), Commitment Agreement (Pacific Drilling S.A.), Commitment Agreement

Commercially Reasonable Efforts. (a) Without in any way limiting any other respective obligation of the Company or any Commitment Party in this AgreementAgreement or the RSA, each Party shall use (and the Company shall cause the other Debtors to use) commercially reasonable efforts to take or cause to be taken all actions, and do or cause to be done all things, reasonably necessary, proper or advisable in order to consummate and make effective the transactions contemplated by this Agreement Agreement, the RSA and the Plan, including using commercially reasonable efforts in:

Appears in 3 contracts

Samples: Backstop Commitment Agreement (Parker Drilling Co /De/), Backstop Commitment Agreement (Parker Drilling Co /De/), Backstop Commitment Agreement (Parker Drilling Co /De/)

Commercially Reasonable Efforts. (a) Without in any way limiting any other respective obligation of the Company or any Commitment Party in this Agreement, each Party shall use (and the Company shall cause the other Debtors to use) commercially reasonable efforts to take or cause to be taken all actions, and do or cause to be done all things, reasonably necessary, proper or advisable in order to consummate and make effective the transactions contemplated by this Agreement and the Plan, including using commercially reasonable efforts in:

Appears in 3 contracts

Samples: Backstop Commitment Agreement (Penn Virginia Corp), Backstop Commitment Agreement (Bonanza Creek Energy, Inc.), Backstop Commitment Agreement

Commercially Reasonable Efforts. (a) Without in any way limiting any other respective obligation of the Company or any the Equity Commitment Party Parties in this Agreement, each Party shall use (and the Company shall cause the other Debtors to use, and the Equity Commitment Parties shall cause each applicable Related Purchaser to use) commercially reasonable efforts to take or cause to be taken all actions, and do or cause to be done all things, reasonably necessary, proper or advisable in order to consummate and make effective the transactions contemplated by this Agreement and the Plan, including using commercially reasonable efforts in:

Appears in 2 contracts

Samples: Equity Purchase and Commitment Agreement (Hertz Corp), Equity Purchase and Commitment Agreement (Hertz Corp)

Commercially Reasonable Efforts. (a) Without in any way limiting any other respective obligation of the Company or any Commitment Backstop Party in this Agreement, each Party shall use (and the Company shall cause the other Debtors to use) commercially reasonable efforts to take or cause to be taken all actions, and do or cause to be done all things, reasonably necessary, proper or advisable in order to consummate and make effective the transactions contemplated by this Agreement and the Plan, including using commercially reasonable efforts in:

Appears in 2 contracts

Samples: Backstop Commitment Agreement, Backstop Commitment Agreement (Chesapeake Energy Corp)

Commercially Reasonable Efforts. (a) Without in any way limiting any other respective obligation of the Company or any Commitment Party in this Agreement, each Party shall use (and the Company shall cause New Seadrill, NSNCo, their Subsidiaries and the other Debtors to use) commercially reasonable efforts to take or cause to be taken all actions, and do or cause to be done all things, reasonably necessary, proper or advisable in order to consummate and make effective the transactions contemplated by this Agreement and the PlanAgreement, including including, as applicable, using commercially reasonable efforts in:

Appears in 2 contracts

Samples: Investment Agreement (North Atlantic Drilling Ltd.), Investment Agreement (Seadrill LTD)

Commercially Reasonable Efforts. (a) Without in any way limiting any other respective obligation of the Company or any Commitment Party in this Agreement, each Party shall use (and the Company shall cause the other Debtors to use) commercially reasonable efforts to take or cause to be taken all actions, and do or cause to be done all things, reasonably necessary, proper or advisable in order to consummate and make effective the transactions contemplated by this Agreement and the Plan, including using commercially reasonable efforts in:: (i) timely preparing and filing all documentation reasonably necessary to effect all necessary notices, reports and other filings of such Person and to

Appears in 1 contract

Samples: Investment Agreement (Vanguard Natural Resources, Inc.)

Commercially Reasonable Efforts. (a) Without in any way limiting any other respective obligation of the Company or any Commitment Party in this Agreement, each Party shall use (and the Company shall cause the other Debtors to use) commercially reasonable efforts to take or cause to be taken all actions, and do or cause to be done all things, things that are reasonably necessary, proper or advisable necessary in order to consummate and make effective the transactions contemplated by this Agreement and the Plan, including using commercially reasonable efforts in:

Appears in 1 contract

Samples: Equity Commitment Agreement (Phi Inc)

Commercially Reasonable Efforts. (ad) Without in any way limiting any other respective obligation of the Company or any Commitment Party in this Agreement, each Party the Company shall use (and the Company shall cause the other Debtors its Subsidiaries to use) ), and each Commitment Party shall use, commercially reasonable efforts to take or cause to be taken all actions, and do or cause to be done all things, reasonably necessary, proper or advisable in order to consummate and make effective the transactions contemplated by this Agreement and the Plan, including using commercially reasonable efforts in:

Appears in 1 contract

Samples: Restructuring Support Agreement (American Apparel, Inc)

Commercially Reasonable Efforts. (a) Without in any way limiting any other respective obligation of the Company or any Commitment Private Placement Party in this Agreement, each Party shall use (and the Company shall cause the other Debtors and their Representatives to use) commercially reasonable efforts to take or cause to be taken all actions, and do or cause to be done all things, reasonably necessary, proper or advisable in order to consummate and make effective the transactions contemplated by this Agreement and the Plan, including including, but not limited to, using commercially reasonable efforts in:

Appears in 1 contract

Samples: Private Placement Agreement (Peabody Energy Corp)

Commercially Reasonable Efforts. (a) Without in any way limiting any other respective obligation of the Company Credit Parties or any Commitment Backstop Party in this Agreement, each Party shall use (and the Company shall cause the other Debtors to use) commercially reasonable efforts to take or cause to be taken all actions, and do or cause to be done all things, reasonably necessary, proper or advisable in order to consummate and make effective the transactions Transaction contemplated by this Agreement and the PlanAgreement, including using commercially reasonable efforts in:

Appears in 1 contract

Samples: Backstop Agreement (Martin Midstream Partners L.P.)

Commercially Reasonable Efforts. (a) Without in any way limiting any other respective obligation of the Company Debtors or any Commitment Financing Party in this Agreement, each Party shall use (and the Company shall cause the other Debtors to use) commercially reasonable efforts to take or cause to be taken all actions, and do or cause to be done all things, reasonably necessary, proper or advisable in order to consummate and make effective the transactions contemplated by this Agreement and the Plan, including using commercially reasonable best efforts in:

Appears in 1 contract

Samples: Backstop and Private Placement Agreement (Diamond Offshore Drilling, Inc.)

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Commercially Reasonable Efforts. (a) Without in any way limiting any other respective obligation of the Company or any Commitment Party in this Agreement, each Party shall use (and the Company shall cause the other Debtors and their Representatives to use) commercially reasonable efforts to take or cause to be taken all actions, and do or cause to be done all things, reasonably necessary, proper or advisable in order to consummate and make effective the transactions contemplated by this Agreement and the Plan, including including, but not limited to, using commercially reasonable efforts in:

Appears in 1 contract

Samples: Backstop Commitment Agreement (Peabody Energy Corp)

Commercially Reasonable Efforts. (a) Without in any way limiting any other respective obligation of the Company or any the Commitment Party in this Agreement, each Party shall use (and the Company shall cause the other Debtors to use) commercially reasonable efforts to take or cause to be taken all actions, and do or cause to be done all things, reasonably necessary, proper or advisable in order to consummate and make effective the transactions contemplated by this Agreement and the Plan, including using commercially reasonable efforts in:

Appears in 1 contract

Samples: Backstop Commitment Agreement (Tuesday Morning Corp/De)

Commercially Reasonable Efforts. (a) Without in any way limiting any other respective obligation of the Company Debtors or any Commitment Party in this Agreement, each Party shall use (and the Company shall cause the other Debtors to use) commercially reasonable efforts to take or cause to be taken all actions, and do or cause to be done all things, reasonably necessary, proper or advisable in order to consummate and make effective the transactions contemplated by this Agreement and the Plan, including using commercially reasonable efforts in:

Appears in 1 contract

Samples: Backstop Commitment Agreement (Avaya Holdings Corp.)

Commercially Reasonable Efforts. (a) Without in any way limiting any other respective obligation of the Company or any Commitment Party, Reserve Party or QPGL, as applicable, in this Agreement, each Party shall use (and the Company shall cause the other Debtors to use) commercially reasonable efforts to take or cause to be taken all actions, and do or cause to be done all things, reasonably necessary, proper or advisable in order to consummate and make effective the transactions contemplated by this Agreement and the other Transaction Agreements and the Plan, including using commercially reasonable efforts inin the following to the extent applicable to such Party:

Appears in 1 contract

Samples: Commitment Agreement (Pacific Drilling S.A.)

Commercially Reasonable Efforts. (a) Without in any way limiting any other respective obligation of the Company Credit Parties or any Commitment Party in this Agreement, each Party shall use (and the Company shall cause the other Debtors to use) commercially reasonable efforts to take or cause to be taken all actions, and do or cause to be done all things, reasonably necessary, proper or advisable in order to consummate and make effective the transactions Transaction contemplated by this Agreement and the PlanAgreement, including using commercially reasonable efforts in:

Appears in 1 contract

Samples: Backstop and Private Placement Agreement (Party City Holdco Inc.)

Commercially Reasonable Efforts. (a) Without in any way limiting any other respective obligation of the Company or any Commitment Party in this Agreement or the Restructuring Support Agreement, subject to the proviso set forth in Section 6.11(a), each Party shall use (and the Company shall cause the other Debtors Company Group Members to use) commercially reasonable efforts to take or cause to be taken all actions, and do or cause to be done all things, reasonably necessary, proper or advisable in order to consummate and make effective the transactions contemplated by this Agreement and the Plan, including using commercially reasonable efforts in:

Appears in 1 contract

Samples: Backstop Commitment Agreement (Bristow Group Inc)

Commercially Reasonable Efforts. (ac) Without in any way limiting any other respective obligation of the Company or any Commitment Party in this Agreement, each Party the Company shall use (and the Company shall cause the other Debtors its Subsidiaries to use) ), and each Commitment Party shall use, commercially reasonable efforts to take or cause to be taken all actions, and do or cause to be done all things, reasonably necessary, proper or advisable in order to consummate and make effective the transactions contemplated by this Agreement and the Plan, including using commercially reasonable efforts in:

Appears in 1 contract

Samples: Equity Commitment Agreement (American Apparel, Inc)

Commercially Reasonable Efforts. (a) Without in any way limiting any other respective obligation of the Company or any Commitment Party in this Agreement, each Party the Company shall use (and the Company shall cause the other Debtors its Subsidiaries to use) ), and each Commitment Party shall use, commercially reasonable efforts to take or cause to be taken all actions, and do or cause to be done all things, reasonably necessary, proper or advisable in order to consummate and make effective the transactions contemplated by this Agreement and the Plan, including using commercially reasonable efforts in:

Appears in 1 contract

Samples: Equity Commitment Agreement

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