Common use of Restructuring Advisor Clause in Contracts

Restructuring Advisor. At the Loan Parties’ expense, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ LLP, counsel to the Administrative Agent, shall engage a financial advisor (a “Restructuring Advisor”) to, among other things, make visits to, and discuss financial and operational matters with, the Borrowers and the other Loan Parties upon reasonable advance notice and at reasonable times during normal business hours and to advise the Administrative Agent and the Lenders as to the business, operations, financial condition and restructuring alternatives of the Borrowers and the other Loan Parties. The Borrowers and the other Loan Parties covenant and agree that (i) such Restructuring Advisor shall not be limited in the frequency of visits to the facilities of the Borrowers and the other Loan Parties; and (ii) the Borrowers and the other Loan Parties shall cooperate with such Restructuring Advisor and provide such Restructuring Advisor with all information reasonably requested by such Restructuring Advisor in connection with its engagement within a reasonable period of time after request. All reasonable fees and expenses of the Restructuring Advisor shall be for the account of the Borrowers and shall constitute Obligations under the Credit Agreement. Such fees and expenses shall be payable by the Loan Parties on a monthly basis by a date certain each month with the failure to pay within 2 Business Days of the due date constituting a breach of this Forbearance Agreement and the Credit Agreement and an immediate Event of Default under the Credit Agreement. The failure of the Borrowers and the other Loan Parties to cooperate with the Restructuring Advisor and to provide any information or documents reasonably requested by such Restructuring Advisor as provided above shall constitute a breach of this Forbearance Agreement and the Credit Agreement and be an immediate Event of Default under the Credit Agreement pursuant to Section 8.01(b) thereof. The Restructuring Advisor will provide good faith estimates of its fees and expenses on a periodic basis from time to time, and will be instructed to perform its work in an efficient manner, avoiding duplication of effort and utilizing the information and work product provided to it by the Loan Parties and their advisors to the extent practical.

Appears in 1 contract

Sources: Forbearance Agreement (TBS International PLC)

Restructuring Advisor. At the Loan Security Parties’ expenseexpense ▇▇▇▇▇▇, ▇▇▇▇▇& ▇▇▇▇▇▇▇▇ LLP, counsel to the Administrative Agent, shall engage a financial advisor (a “Restructuring Advisor”) to, among other things, make visits to, and discuss financial and operational matters with, the Borrowers and the other Loan Security Parties upon reasonable advance notice and at reasonable times during normal business hours and to advise the Administrative Agent and the Lenders as to the business, operations, financial condition and restructuring alternatives of the Borrowers and the other Loan Security Parties. The Borrowers and the other Loan Security Parties covenant and agree that (i) such Restructuring Advisor shall not be limited in the frequency of visits to the facilities of the Borrowers and the other Loan Security Parties; and (ii) the Borrowers and the other Loan Security Parties shall cooperate with such Restructuring Advisor and provide such Restructuring Advisor with all information and documents reasonably requested by such Restructuring Advisor in connection with its engagement within a reasonable period of time after request. All reasonable fees and expenses of the Restructuring Advisor shall be for the account of the Borrowers and shall constitute Obligations Secured Liabilities under the Credit Agreement. Such fees and expenses shall be payable by the Loan Parties Borrowers on a monthly basis by a date certain each month with the failure to pay within 2 Business Days of the due date constituting a breach of this Forbearance Agreement and the Credit Agreement and an immediate Event of Default under the Credit AgreementDefault. The failure of the Borrowers and the other Loan Security Parties to cooperate with the Restructuring Advisor and to provide any information or documents reasonably requested by such Restructuring Advisor as provided above shall constitute a breach of this Forbearance Agreement and the Credit Agreement and be an immediate Event of Default under the Credit Agreement pursuant to Section 8.01(bClause 19.1(d) thereof. The Restructuring Advisor will provide good faith estimates of its fees and expenses on a periodic basis from time to time, and will be instructed to perform its work in an efficient manner, avoiding duplication of effort and utilizing the information and work product provided to it by the Loan Security Parties and their advisors to the extent practical.

Appears in 1 contract

Sources: Forbearance Agreement (TBS International PLC)