Documentary Deliveries. The Lenders shall have received the following documents, each of which shall be in form and substance acceptable to the Lenders: (i) this Agreement duly executed and delivered by the Borrower and each of the other parties hereto; (ii) a copy of a fully executed agreement providing for the engagement of ▇▇▇▇▇▇▇▇▇ & Co., Inc., as investment banker (or such other investment banker as the Control Agent and the other Lenders shall approve; (iii) a draft Budgeted Cash Flow in accordance with Section 4(b)(i) hereof and a draft Operating Plan in accordance with Section 4(m) hereof, provided, however that, as a condition to the continued forbearance hereunder through the Forbearance Period, Borrower shall deliver to the Control Agent and the other Lenders a final Budgeted Cash Flow and a final Operating Plan satisfactory to the Lenders’ in their sole discretion not later than May 20, 2015; (iv) a final Cost Reduction Plan in accordance with Section 4(o) hereof; (v) documentation evidencing Valeritas Security Corporation as a Subsidiary Guarantor under the Credit Agreement and other Loan Documents; (vi) documentation evidencing the closing, in toto, of the Bridge Equity Financing in accordance with Section 4(n) hereof; and (vii) funding of the Reserve Account in accordance with Section 11(c) hereof and the Side Letter Agreement.
Appears in 3 contracts
Sources: Limited Forbearance Agreement, Limited Forbearance Agreement (Valeritas Holdings Inc.), Limited Forbearance Agreement (Valeritas Holdings Inc.)