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) 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 Transactions that are required to be delivered pursuant to the terms of the Recapitalization Agreement. 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 Transactions in the Recapitalization Agreement unless otherwise agreed to by the Required Lenders.
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. The Borrower shall have entered into each of the Recapitalization Documents to which it is a party on terms and conditions satisfactory to the Administrative Agent; there shall not have been any material modification, amendment, supplement or waiver to any Recapitalization Document without the prior written consent of the Administrative Agent, including any modification, amendment, supplement or waiver relating to the amount or type of consideration to be paid in connection with the transactions contemplated by any Recapitalization Document or the contents of any disclosure schedules and exhibits; and the Administrative Agent shall have received a final executed copy of each Recapitalization Document, together with all exhibits and schedules thereto, certified as such by an officer of the Borrower.
Recapitalization Documents. Certified, fully executed copies of all Recapitalization Documents as in effect on the Closing Date.
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. A copy, certified as true and correct -------------------------- by the Secretary or an Assistant Secretary of the Company, of each of (a) the Recapitalization Documents (including all exhibits and schedules thereto) and (b) the Management Notes.
Recapitalization Documents. Collectively, (i) the Recapitalization -------------------------- Agreement and each of the exhibits and schedules thereto, (ii) the Proxy Statement, (iii) the Investment Documents, and (iv) each of any other agreements, contracts and instruments executed and delivered in connection with the foregoing or relating thereto, as the same may be amended or modified in accordance with Section 6.18.
