Effectuating the Restructuring. To implement the Plans, the Parties have agreed, on the terms and conditions set forth herein, that the Company shall use its commercially reasonable efforts to: (a) solicit the requisite acceptances of the U.S. Plan in accordance with section 1125 of the Bankruptcy Code; (b) seek confirmation of the U.S. Plan as expeditiously as practicable under the Bankruptcy Code, including under section 1129(b) thereof, the Federal Rules of Bankruptcy Procedure and the U.S. Court’s local rules; (c) solicit the requisite acceptances of the CCAA Plan in accordance with the CCAA; (d) seek issuance of a sanction order with respect to the CCAA Plan as expeditiously as practicable under the CCAA and any applicable rules and guidelines; and (e) consummate the Plans. Without limiting any other provision hereof, the Company hereby agrees to negotiate in good faith each of the definitive agreements and documents referenced herein, including the Plan, the Disclosure Statement, the Information Circular and the Commitment Agreement, or reasonably necessary or desirable to effectuate the transactions in connection with the Restructuring.
Appears in 2 contracts
Sources: Backstop Commitment Agreement (AbitibiBowater Inc.), Backstop Commitment Agreement (AbitibiBowater Inc.)