RSA Effective Date Sample Clauses
The RSA Effective Date clause establishes the specific date on which the terms and obligations of a Restructuring Support Agreement (RSA) become legally binding for the parties involved. Typically, this date is either explicitly stated in the agreement or triggered by the satisfaction of certain conditions, such as the execution of the agreement by all required parties. By clearly defining when the RSA takes effect, this clause ensures that all stakeholders have a mutual understanding of when their commitments begin, thereby reducing ambiguity and potential disputes regarding the enforceability of the agreement.
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RSA Effective Date. 2.1 This Agreement shall be effective and the rights and obligations herein shall be binding on and from the date that the Initial Consenting Creditors have duly executed and delivered signature pages to this Agreement (the “Effective Date”), which occurred on 2 March 2021.
2.2 ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇, in its capacity as legal counsel to the Ad Hoc Group, notified the Initial Consenting Creditors that the Effective Date has occurred on 2 March 2021.
2.3 ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇ as counsel to the Ad Hoc Group, provided a Redacted Version (along with an announcement, in form and substance satisfactory to the Ad Hoc Group, summarising the terms of the Restructuring, the Backstop Deadline, the deadlines to become an Earlybird Creditor and Eligible Consenting Creditor and the steps required to accede to this Agreement as a Consenting Creditor and/or Backstop Party) to the Notes Trustee and Club Loan Agent for the purpose of distributing the same to Existing Creditors on 2 March 2021.
RSA Effective Date. This Agreement shall become effective, and the obligations contained herein shall become binding upon the Parties, upon the first date (such date, the “RSA Effective Date”) that this Agreement has been executed by all of the following: (i) each Debtor; 3 The Plan shall be filed in accordance with the Milestones (as defined below) set forth in Section 6 of this Agreement. 4 The Disclosure Statement shall be filed in accordance with the Milestones set forth in Section 6 of this Agreement.
RSA Effective Date. This Agreement shall become effective (the “RSA Effective Date”), and the obligations contained herein shall become binding upon the Parties, upon the execution and delivery of counterpart signature pages to this Agreement by and among (a) VNR,
RSA Effective Date. 2.1 This Agreement shall be effective and the rights and obligations herein shall be binding on and from the date that the Initial Consenting Creditors have duly executed and delivered signature pages to this Agreement (the “Effective Date ”).”), which occurred on 2 March 2021.
2.2 On the Effective Date, ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇, in its capacity as legal counsel to the Ad Hoc Group, shall notifynotified the Initial Consenting Creditors, that the Effective Date has occurred on 2 March 2021.
2.3 On the Effective Date, ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇ as counsel to the Ad Hoc Group, shall provideprovided a Redacted Version (along with an announcement, in form and substance satisfactory to the Ad Hoc Group, summarising the terms of the Restructuring, the Backstop Deadline, the deadlines to become an Earlybird Creditor and Eligible Consenting Creditor and the steps required to accede to this Agreement as a Consenting Creditor and/or Backstop Party) to the Notes Trustee and Club Loan Agent for the purpose of distributing the same to Existing Creditors. on 2 March 2021.
RSA Effective Date. This Agreement shall become effective, and the obligations contained herein shall become binding upon the Parties, upon the first date (the “RSA Effective Date”) that:
(a) The Backstop Agreement has been executed and is effective in accordance with its terms;
(b) The Company has paid in cash all invoiced, reasonable and documented costs, fees, and expenses of the Consenting Noteholders, including, without limitation, the invoiced, reasonable and documented fees and expenses of (a) Milbank, Tweed, ▇▇▇▇▇▇ & ▇▇▇▇▇▇ LLP (“Milbank”), counsel to the Consenting Noteholders, (b) one maritime counsel to the Consenting Noteholders, (c) Morris, Nichols, Arsht & ▇▇▇▇▇▇▇ LLP (“▇▇▇▇▇▇ ▇▇▇▇▇▇▇”), counsel to the Consenting Noteholders, and (d) ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Capital, Inc. (“▇▇▇▇▇▇▇▇”), financial advisor to the Consenting Noteholders, in each case, in accordance with their existing engagement letters; and
(c) This Agreement shall be executed by all of the following:
(i) the Company; and
(ii) the Consenting Noteholders; provided that signature pages executed by the Consenting Noteholders showing their holdings shall not be delivered to other Consenting Noteholders and shall be delivered to Weil, Gotshal & ▇▇▇▇▇▇ LLP (“Weil”) in an unredacted form (to be held by Weil on a confidential and professionals’ eyes only basis; provided that Weil may disclose such signature pages on a confidential basis to the Company and its financial advisors), in each case, except as required by applicable law and subject to the provisions of Section 22 hereof.
RSA Effective Date. This RSA shall become effective and binding upon each of the Parties according to its terms on the date (the ”RSA Effective Date”) when: (a) each of the entities comprising the Company shall have executed and delivered counterpart signature pages of this RSA, the DIP Commitment Letter, attached hereto as Exhibit B, and the DIP Credit Agreement, attached hereto as Exhibit C, to counsel for the Supporting Lenders; (b) the Supporting Lenders shall have executed and delivered counterpart signature pages of this RSA, the DIP Commitment Letter, and the DIP Credit Agreement to counsel for the Company; (c) the Company shall have delivered the Approved Budget (as defined below), which shall provide for the payment of all reasonable and documented outstanding costs and expenses of Norton ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ US LLP and Ankura Consulting Group, LLC as advisors to the Supporting Lenders that have been invoiced and presented to the Company; and (d) counsel for the Company shall have given notice to counsel for the Supporting Lenders in the manner set forth in Section 9.11 (by email or otherwise) hereof that the other conditions to the RSA Effective Date set forth in this Section 1 have occurred. Notwithstanding the foregoing, the Parties agree that the counterpart signature pages of the Company and the Supporting Lenders to the DIP Credit Agreement shall be held in escrow by their respective opposing counsel and shall be deemed released from escrow upon the entry by the Bankruptcy Court of the Interim DIP Order (as defined in the DIP Credit Agreement) and upon satisfaction or waiver of the other conditions precedent set forth in the DIP Credit Agreement.
RSA Effective Date. This Agreement shall become effective, and the obligations contained herein shall become binding upon the Parties, upon the first date that all of the following have occurred (such date, the “RSA Effective Date”): (a) the MACH Gen Entities and the Consenting First Lien Holders have executed the Prepetition Amendment and the Prepetition Amendment is effective according to its terms (subject only to the effectiveness of this Agreement), (b) that certain Amendment No. 2 to Collateral Agency and Intercreditor Agreement, attached hereto as Exhibit C (the “Intercreditor Amendment”), which amends that certain Collateral Agency and Intercreditor Agreement, dated as of December 5, 2006 (as amended, supplemented, restated, or modified from time to time (including, unless otherwise required by context, as amended by the Intercreditor Amendment), the “Intercreditor Agreement”), shall have been executed and become effective according to its terms (subject only to the effectiveness of this Agreement), (c) this Agreement has been executed by all of the following: (i) each MACH Gen Entity; (ii) Consenting Equity Holders (A) holding, in aggregate, at least 75% of the voting rights of all issued and outstanding equity interests in the Company (the “Equity Interests”) and (B) comprising, in aggregate, at least one-half in number of all holders of the Equity Interests; (iii) Consenting First Lien Holders (A) holding, in aggregate, at least 66-2/3% in principal amount outstanding of all First Lien Revolver Claims and at least 66-2/3% in principal amount outstanding of all First Lien Term Loan Claims and
RSA Effective Date. This Agreement shall become effective, and the obligations contained herein shall become binding upon the Parties, upon the first date (such date, the “RSA Effective Date”) that this Agreement has been executed by all of the following: (i) each Debtor; (ii) the holders of at least one-half of the aggregate outstanding principal amount of Senior Secured Credit Facility Claims; (iii) the holders of at least two-thirds of the aggregate outstanding principal amount of 2026 Notes Claims; (iv) the holders of at least 45% of the aggregate outstanding principal amount of Bond Green Bonds Claims; (v) the holders of at least two-thirds of the aggregate outstanding principal amount of ▇▇▇▇ ▇▇▇▇▇ Bonds Claims; provided that the RSA Effective Date with respect to any Joining Party shall be the date that such Joining Party executes a Joinder Agreement; and (vi) the Forbearance Agreements shall be in full force and effect and the Debtors shall be in full compliance therewith.
RSA Effective Date. The Original Support Agreement became effective on March 1, 2019 (such date, the “RSA Effective Date”).
RSA Effective Date. This Agreement shall become effective, and the obligations contained herein shall become binding upon the Parties, upon the first date (such date, the “RSA Effective Date”) that each of the following conditions shall have been satisfied:
(a) each Stone Party and Consenting Noteholders holding, in the aggregate, at least 66-2/3% of the outstanding aggregate principal amount of all Notes Claims have duly executed and delivered signatures pages to this Agreement, and
(b) the Stone Parties shall have entered into a purchase and sale agreement for the sale of the Appalachian Assets (as defined in the Term Sheet) with TH Exploration III, LLC (“Buyer”) for a cash purchase price of at least $350 million (the “Appalachia PSA”) subject to adjustment in accordance with the Appalachia PSA.
