Retention of Financial Advisor. (a) Retain GlassRatner as a financial advisor through June 30, 2020, with a scope of authority reasonably acceptable to the Administrative Agent to, among other things, support the Chief Financial Officer of the Loan Parties.
Retention of Financial Advisor. For a period extending from the First Amendment Effective Date through June 30, 2010, the Administrative Agent or counsel to the Administrative Agent may retain a financial advisor, selected by the Required Lenders and reasonably acceptable to the Borrower, for purposes of reviewing documents and information related to Holdings and its Subsidiaries provided to the Lenders pursuant to the terms of this Agreement and providing analyses and reports to the Lenders with respect thereto. The Borrower will fully cooperate with such financial advisor and will promptly respond to all reasonable requests for information, documents and analyses relating to Holdings and its Subsidiaries from any such advisor, the Administrative Agent or any Lender in accordance with the terms of this Agreement. The financial adviser may prepare a receipts and disbursements forecast (and comparison of the forecast to actual receipts and disbursements) for any fiscal quarter based on information the Borrower is obligated to provide pursuant to Section 5.04 of this Agreement. The Borrower will promptly pay, as and when due, all reasonable and documented fees, expenses and other amounts payable to such financial advisor from time to time pursuant to any engagement agreement entered into between any such financial advisor and the Administrative Agent or counsel to the Administrative Agent.
Retention of Financial Advisor. Retain and continue the retention of PriceWaterhouseCoopers LLP (or any Affiliate thereof) or any other replacement financial advisory firm or individual specializing in providing financial advisory services in corporate turnarounds and restructurings, which replacement financial advisory firm or individual, and their scope of retention, shall be reasonably satisfactory to the Lender.
Retention of Financial Advisor. Issuer shall have (i) entered into a written agreement (the “Engagement Letter”) to retain a Financial Advisor in compliance with Section 4(g) of the Forbearance Agreement (as amended hereby), which Engagement Letter is in form and substance acceptable to the Noteholders, and (ii) delivered board resolutions in form and substance acceptable to the Noteholders with respect to such engagement of the Financial Advisor.
Retention of Financial Advisor. The Borrower and the Guarantors agree that the Agents and/or their counsel may continue to retain Zolfo Xxxxxx, LLC to, among other things, make visits to, and discuss financial and operational matters with, the Borrower and its Subsidiaries and to advise the Agents and the Banks as to the business, operations and financial condition of the Borrower and its Subsidiaries. Such consultant shall not be limited in the frequency of visits to the facilities of the Borrower and its Subsidiaries. The Borrower shall, and shall cause each of its Subsidiaries to, cooperate with such consultant and provide such consultant with all information reasonably requested by such consultant in connection with its engagement by the Agents and/or their counsel.
Retention of Financial Advisor. (i) Retain GlassRatner as a financial advisor through June 30, 2020, with a scope of authority reasonably acceptable to the Administrative Agent to, among other things, support the Chief Financial Officer of the Loan Parties. (ii) Reasonably cooperate with such financial advisor and grant such financial advisor access to the books and records of the Loan Parties. (iii) Permit the Administrative Agent (or its agents or advisors) to communicate directly with such financial advisor regarding any and all matters related to the Loan Parties and their Affiliates, including, without limitation, all financial reports and projections developed, reviewed or verified by such financial advisor and all additional information, reports
Retention of Financial Advisor. Maintain, at the Borrower’s expense, AlixPartners (or another nationally recognized advisor of similar capabilities engaged for a similar function) as a financial advisor for a period of not less than 18 months following the Second Amendment Effective Date.
Retention of Financial Advisor. Borrowers shall have retained Ernst & Young (or another firm selected by Borrowers and reasonably satisfactory to Agent) as their financial advisor.
Retention of Financial Advisor. In the event that any Milestone is not satisfied in full at any time, at the expense of the Borrower, the Borrower shall retain a financial advisory consulting firm or a chief restructuring officer (a “Financial Advisor”) acceptable to the Administrative Agent within ten days after the failure to meet any such Milestone (or such later date agreed to in writing by the Administrative Agent), such retention and engagement to be on terms and conditions satisfactory to the Administrative Agent. The Borrower shall deliver a copy of the engagement letter (which shall not be amended without the consent of the Administrative Agent) to the Administrative Agent and the Lenders concurrently with due execution thereof. Among other things, the Financial Advisor shall report directly to the management of the Borrower and the other Loan Parties and shall have a right to provide non-binding recommendations with respect to (a) the oversight of cash management and daily operations, (b) the preparation and/or review of the Loan Parties’ financial statements, (c) Dispositions and Sale Leasebacks, (d) equity issuances by the Borrower, (e) liquidity of the Loan Parties and (f) such other matters as the Administrative Agent and the Borrower shall agree, and upon the written approval of the Borrower and the Administrative Agent such Financial Advisor shall be authorized to retain financial and other advisors to assist with the foregoing. The Borrower shall not terminate the Financial Advisor unless concurrently therewith the Borrower retains another Person acceptable to the Administrative Agent as the successor Financial Advisor on terms and conditions satisfactory to the Administrative Agent. The Borrower and each other Loan Party hereby acknowledge and agree that the Financial Advisor is authorized to cooperate fully with the Lenders and their advisors in connection with their ongoing examination of the Loan Parties’ financial affairs, finances, financial condition, business and operations. As reasonably requested by the Administrative Agent, the Financial Advisor and other representatives of management shall meet in person (which may be by video conference), or shall participate in the telephone conference calls (required by this Agreement or otherwise), with the Administrative Agent and the Lenders to discuss, among other things, the financial affairs and operations of the Loan Parties. The Borrower agrees that the Administrative Agent and the Lenders shall be permitted to hav...
Retention of Financial Advisor. The Borrower agrees that the Agent and/or its counsel may continue to retain Nightingale & Associates, LLC to, among other things, make visits to, and discuss financial and operational matters with, the Borrower and to advise the Agent and the Banks as to the business, operations and financial condition of the Borrower. Such consultant shall not be limited in the frequency of visits to the facilities of the Borrower. The Borrower shall cooperate with such consultant and provide such consultant with all information reasonably requested by such consultant in connection with its engagement by the Agent and/or its counsel.
