Recapitalization Documents Sample Clauses
The Recapitalization Documents clause defines the set of legal agreements and instruments that govern the process of restructuring a company's capital structure. These documents typically include amendments to existing agreements, new financing arrangements, and shareholder or board resolutions that formalize changes such as new equity issuances, debt conversions, or adjustments to ownership percentages. By clearly identifying and referencing the relevant documents, this clause ensures all parties understand which materials control the recapitalization process, thereby reducing ambiguity and facilitating a smooth transition during corporate restructuring.
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Recapitalization Documents. The Recapitalization Documents listed on Schedule 3.23 attached hereto constitute all of the material agreements, instruments and undertakings to which any of the Loan Parties is bound or by which any such Person or any of its Property is bound or affected relating to, or arising out of, the Recapitalization Transactions (including, without limitation, any agreements, instruments or undertakings assumed pursuant to the Recapitalization Agreement). None of such Recapitalization Documents have been amended, supplemented or otherwise modified, and all such material agreements, instruments and undertakings are in full force and effect as of the date hereof. As of the date hereof, no party to any of such Recapitalization Documents is currently in default thereunder and no party thereto, or any other Person, has the right to terminate any such material agreements, instruments and undertakings.
Recapitalization Documents. Each of the Recapitalization Documents shall have been duly executed and delivered by the respective parties thereto, shall be in full force and effect and shall be in form and substance satisfactory to each of the Banks. Each Bank shall have received a fully executed copy of each such document.
Recapitalization Documents. There shall occur and be continuing any Event of Default under and as defined in any Recapitalization Document; or
Recapitalization Documents. The Administrative Agent shall have received (with copies for each Lender), and each Agent shall be satisfied with the terms and conditions contained in, a fully executed copy of the Recapitalization Agreement, and, to the extent required by Section 5.1.3, all other documents and instruments delivered in connection with the consummation of the Recapitalization that are required to be delivered pursuant to the terms of the Recapitalization Agreement and agreements related thereto. The Recapitalization Agreement shall be in full force and effect and shall not have been modified or waived in any material respect, nor shall there have been any forbearance to exercise any material rights with respect to any of the terms or provisions relating to the conditions to the consummation of the Recapitalization unless otherwise agreed to by the Required Lenders.
Recapitalization Documents. The Company delivered to the Administrative Agent true, complete and correct copies of the Recapitalization Documents, together with all amendments and modifications thereto, on the Closing Date. The Recapitalization Documents (including the schedules and exhibits thereto) comprise a full and complete copy of all agreements between the parties thereto with respect to the subject matter thereof and all transactions related thereto, and there are no agreements or understandings, oral or written, or side agreements not contained therein that relate to or modify the substance thereof. The Recapitalization Documents have been duly authorized by all necessary corporate action on the part of each Borrower and each of its Subsidiaries party thereto, and, when executed and delivered by such Borrower and each such Subsidiary, shall be enforceable in accordance with their respective terms except as such enforcement may be limited by bankruptcy, insolvency, fraudulent conveyance, moratorium or similar state or federal debtor relief laws which affect the enforcement of creditors' rights in general and the availability of equitable remedies. The representations and warranties made by each Borrower and each of its Subsidiaries party thereto, and to the best knowledge of each Borrowers and each of its Subsidiaries after due inquiry, the representations and warranties made by any other Person contained in the Recapitalization Documents, are true and correct and no default or event of default exists thereunder.
Recapitalization Documents. The Agent shall have received a copy, certified by an officer of the Borrower as true and complete, of each of the Recapitalization Documents as originally executed and delivered, and no amendment or modification thereof shall have been entered into on or prior to the Closing Date which shall not have been approved by the Agent.
Recapitalization Documents. The Asset Contribution and Securities Purchase Agreement, and any asset purchase agreements, stock purchase agreements, merger agreements, resolutions or other documents pursuant to which the Recapitalization was or is to be effected, together with the Consulting Services Agreement, each in form and substance acceptable to the Agent;
Recapitalization Documents. This Agreement, the Amended and Restated Articles of Incorporation, the Stock Purchase Agreement, the Restated Shareholders Agreement and the Restated Registration Agreement are collectively referred to herein as the “Recapitalization Documents.”
Recapitalization Documents. The Borrower has furnished to the Administrative Agent true, complete and correct copies of the Recapitalization Documents (including all schedules, exhibits and annexes thereto) as in effect on the Initial Closing Date.
Recapitalization Documents. All other documents executed and delivered with respect to the Recapitalization.