Representations and Warranties of the Consenting Creditors. To induce the Debtors to enter into and perform their obligations under this Agreement, each Consenting Creditor, severally but not jointly, represents, warrants and acknowledges as follows:
Representations and Warranties of the Consenting Creditors. Each Consenting Creditor represents and warrants for itself that the following statements are true, correct and complete as of the date hereof and as of the Consenting Creditors Consummation Date:
Representations and Warranties of the Consenting Creditors. Each Consenting Creditor, severally, and not jointly, represents and warrants that, during the Agreement Effective Period (except in the case of any investment advisor or manager of or with power and/or authority to bind any Owned Debtor Claims/Interests, then solely for the period within which such power and/or authority was held), except as otherwise provided below:
Representations and Warranties of the Consenting Creditors. Each of the Consenting Creditors, severally and not jointly, hereby represents and warrants that:
Representations and Warranties of the Consenting Creditors. Each of the Consenting Creditors individually represents that, as of the date such Consenting Creditor executes and delivers this Agreement, it is the beneficial owner and/or the investment adviser or manager of discretionary accounts for the holders or beneficial owners of the aggregate principal amount of Existing Public Notes set forth on its signature page or as otherwise notified in writing to the Company on the date hereof (the “Relevant Notes”), with the power to vote and dispose of all or substantially all of the aggregate principal amount of the Relevant Notes on behalf of such holders or beneficial owners and is entitled (for its own account or for the account of other persons claiming through it) to all of the rights and economic benefits of such holdings. The Consenting Creditors that are Parties hereto on June 9, 2010, hold Relevant Notes constituting approximately 43% of aggregate outstanding principal amount of the Existing Public Notes.
Representations and Warranties of the Consenting Creditors. Each Consenting Creditor severally (and not jointly) represents and warrants to the other Parties that, as of the Support Effective Date (or such later date on which a Consenting Creditor becomes a Party to this Agreement by executing and delivering a Joinder Agreement), such Consenting Creditor (i) is the owner of the aggregate principal amount of Senior Notes and the number of shares of Existing Equity Interests set forth below its name on the signature page hereto (or below its name on the signature page of a Joinder Agreement for any Consenting Creditor that becomes a party hereto after the date hereof), free and clear of any restrictions on transfer, liens or options, warrants, purchase rights, contracts, commitments, claims, demands, and other encumbrances and does not own any other Senior Notes or Existing Equity Interests or (ii) has, with respect to the beneficial owners of such Senior Notes and Existing Equity Interests, (A) sole investment or voting discretion with respect thereto, (B) full power and authority to vote on and consent to matters concerning such Senior Notes and Existing Equity Interests or to exchange, assign, and transfer such Senior Notes and Existing Equity Interests and (C) full power and authority to bind or act on the behalf of, such beneficial owners.
Representations and Warranties of the Consenting Creditors
