Common use of Subsequent Agreement Clause in Contracts

Subsequent Agreement. The Equityholders agree that if, at the time of the Closing, a third-party investor has not made an equity investment in Newco and/or provided financing to Newco as contemplated by Section 13.2(f) of the Merger Agreement, then the Equityholders shall on the Closing Date enter into a voting agreement with Newco, containing terms that are substantially identical to the terms contained herein, pursuant to which such Equityholders shall commit to vote the shares of common stock, par value $.01 per share, of Newco that they receive in the NGP Merger and the NGOP Merger in favor of the issuance of equity securities to, and/or the provision of financing by, such third-party investor at each meeting of stockholders of Newco where any such proposal is submitted; provided -------- that such agreement shall terminate the earlier of the consummation of such investment and/or financing and the second anniversary of the Closing Date.

Subsequent Agreement. The Equityholders agree that if, at the time of the Closing, a third-party investor has not made an equity investment in Newco and/or provided financing to Newco as contemplated by Section 13.2(f) of the Merger Amended and Restated Reorganization Agreement, then the Equityholders shall on the Closing Date enter into a voting agreement with Newco, containing terms that are substantially identical to the terms contained herein, pursuant to which such Equityholders shall commit to vote the shares of common stock, par value $.01 per share, of Newco that they receive in the NGP Merger and the NGOP Merger in favor of the issuance of equity securities to, and/or the provision of financing by, such third-party investor at each meeting of stockholders of Newco where any such proposal is submitted; provided -------- that such agreement shall terminate the earlier of the consummation of such investment and/or financing and the second anniversary of the Closing Date.