Means for Effectuating the Restructuring. The Company shall seek to effectuate the Restructuring through the commencement of the Chapter 11 Cases and the confirmation and consummation of the Reorganization Plan.
Means for Effectuating the Restructuring. DBSD shall effectuate the Restructuring through commencement of the Chapter 11 Cases and seek confirmation of the Pre-Arranged Plan. DBSD shall file petitions for relief under chapter 11 of the Bankruptcy Code (collectively, the “Petitions”) for DBSD and the Guarantors (collectively, the “Debtors”) commencing the Chapter 11 Cases no later than 11:00 a.m. (prevailing New York City Time) on May 15, 2009 (such date and time, the “Petition Date”). The Pre-Arranged Plan and a disclosure statement that complies with section 1125 of the Bankruptcy Code (the “Disclosure Statement”) shall be filed as soon as practicable, but in no event later than fifteen (15) days, after the commencement of the Chapter 11 Cases. The Debtors shall use their reasonable best efforts to ensure that (i) approval of the Disclosure Statement will occur within fifty (50) days of the Petition Date, (ii) confirmation of the Pre-Arranged Plan will occur within ninety (90) days after the Petition Date, and (iii) the effective date of the Pre-Arranged Plan will be no later than the earlier of (x) one hundred and five (105) days after the Petition Date and (y) the thirteenth (13th) day following the entry of an order confirming the Pre-Arranged Plan; provided, that if any FCC Approval is required, the deadline for such effective date shall be extended to the date that is three (3) business days after receipt of the FCC Approval, but not later than the Outside Date (as defined below). For purposes of this Agreement, (i) the “Outside Date” shall mean the date that is the four (4) month anniversary of the date of the FCC Filing (as defined below); provided, however, that such date may be extended by the Participating Holders if the FCC Filing is still pending review at the FCC; and (ii) “FCC Approval” shall mean such regulatory approvals or consents required to be obtained from the Federal Communications Commission (the “FCC”) or any other federal regulatory entity, the failure of which to obtain would have a material adverse effect on DBSD.
Means for Effectuating the Restructuring. To implement the Restructuring, the members of the Granite Group have agreed, on the terms and subject to the conditions set forth herein, to consummate the Restructuring by means of the Plan, the requisite acceptances of which will be solicited after the Debtors commence the Chapter 11 Cases by filing voluntary petitions (collectively, the “Petitions”) under the Bankruptcy Code, and to use their commercially reasonable efforts to have such Plan confirmed by the Bankruptcy Court as expeditiously as possible under the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and the local bankruptcy rules of the Bankruptcy Court (the federal and local rules being referred to herein as the “Bankruptcy Rules”).
Means for Effectuating the Restructuring. To implement the Financial Restructuring, Safety Components hereby agrees, on the terms and subject to the conditions set forth herein, to consummate the Financial Restructuring through a plan of reorganization (the "Plan"), the requisite acceptances of which will be solicited after Safety Components commences a reorganization case (collectively, the "Chapter 11 Cases") for each of SCI and the Core Subsidiaries (the "Filing Entities") by filing a voluntary petition (collectively, the "Petitions") under chapter 11 of title 11 of the United States Code, 11 U.S.C. xx.xx. 101-1330 (as amended, the "Bankruptcy Code"), and to use its best efforts to have such Plan confirmed by the United States Bankruptcy Court for the District of Delaware (the "Bankruptcy Court"), as expeditiously as possible under the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and the local bankruptcy rules of the Bankruptcy Court (the federal and local rules being, the "Bankruptcy Rules").
