Waiver or Estoppel. Each Holder of a Claim or Interest shall be deemed to have waived any right to assert any argument, including the right to argue that its Claim or Interest should be Allowed in a certain amount, in a certain priority, Secured or not subordinated by virtue of an agreement made with the Debtors or their counsel, or any other Entity, if such agreement was not disclosed in the Plan, the Disclosure Statement, or papers Filed with the Bankruptcy Court prior to the Confirmation Date.
Waiver or Estoppel. Each Holder of a Claim or Interest shall be deemed to have waived any right to assert any argument, including the right to argue that its Claim or Interest should be Allowed in a certain amount, in a certain priority, secured or not subordinated by virtue of an agreement made with the Debtors or their counsel, or any other Entity, if such agreement was not disclosed in the Plan, the Disclosure Statement, or papers Filed with the Court prior to the Confirmation Date. Dated: [●] HIGHPOINT RESOURCES CORP., ON BEHALF OF ITSELF AND ITS SUBSIDIARIES /s/ DRAFT [●] [TITLE] EXHIBIT B Form of Joinder Agreement Joinder Agreement to Voting and Support Agreement The undersigned hereby acknowledges that it has reviewed and understands the Voting and Support Agreement (as amended, supplemented, or otherwise modified from time to time in accordance with the terms thereof, the “Agreement”) dated as of _____, 2020, by and among HighPoint Resources Corporation (the “Company”), Bonanza Creek Energy, Inc. (“Parent”) and certain holders of Shares in the Company (the “Holders”), and agrees to be bound as a Holder by the terms and conditions thereof.1 The undersigned hereby makes the applicable representations and warranties of the set forth in Section 6 of the Agreement to each other Party, effective as of the date hereof. This joinder agreement shall be governed by the governing law set forth in the Agreement. Date: , 20 1 Defined terms used but not otherwise defined herein shall have the meanings ascribed to them in the Agreement. [JOINING PARTY] Name: Title: Address: E-mail address(es): Aggregate Amounts Beneficially Owned or Managed on Account of: Company Common Stock
Waiver or Estoppel. Each Holder of a Claim shall be deemed to have waived any right to assert any argument, including the right to argue that its Claim should be Allowed in a certain amount, in a certain priority, Secured or not subordinated by virtue of an agreement made with the Debtors or their counsel, or any other Entity, if such agreement or the Debtors or Reorganized Debtors’ right to enter into settlements was not disclosed in the Plan, the Disclosure Statement, or papers Filed with the Court or the Notice and Claims Agent prior to the Confirmation Date.
Waiver or Estoppel. The failure of Landlord to insist, in any one or more instances, upon strict performance of any covenants or agreements of this Lease, or exercise any option of Landlord herein contained, shall not be construed as a waiver or relinquishment of any right or remedy of Landlord hereunder and she not be deemed a waiver of any subsequent breach or default by Tenant of the covenants or conditions herein. Receipt of rent by Landlord, with knowledge of the breach of any covenant or agreement hereof, shall not be deemed a waiver of such breach and no waiver by Landlord of any provision hereof shall be deemed to have been made unless expressed in writing and signed by Landlord.
Waiver or Estoppel. The failure of Lessor to insist, in any one or more instances, upon strict performance of any covenants or agreements of this Lease Agreement, or exercise any option of Lessor herein contained, shall not be construed as a waiver or relinquishment for the future of such covenant, agreement or option, but the same shall continue and remain in full force and effect. Receipt of Rent by Lessor, with knowledge of the breach of any covenant or agreement hereof, shall not be deemed a waiver of such breach and no waiver by Lessor of any provision hereof shall be deemed to have been made unless expressed in writing and signed by Lessor.
Waiver or Estoppel. Each Holder of a Claim or an Interest shall be deemed to have waived any right to assert any argument, including the right to argue that its Claim or Interest should be Allowed in a certain amount, in a certain priority, secured or not subordinated by virtue of an agreement made with the Debtors or their counsel, or any other Entity, if such agreement was not disclosed in the Plan, the Disclosure Statement, or papers Filed with the Bankruptcy Court prior to the Confirmation Date. Dated: [_], 2020 Gulfport Energy Corporation on behalf of itself and all other Debtors /s/ DRAFT Xxxxxxx X. Xxxxx Executive Vice President and Chief Financial Officer EXHIBIT C Amended ISDA Exhibit C to Restructuring Support Agreement Gulfport Energy Corporation | Template A&R ISDA Schedule ISDA® International Swaps and Derivatives Association, Inc. AMENDED & RESTATED SCHEDULE1 dated as of [ ● ], 2020 to the 2002 Master Agreement dated as of [ ● ] between [BANK], a [ ● ] organized and existing under the laws of [ ● ] (“Party A”) and GULFPORT ENERGY CORPORATION, a corporation organized and existing under the laws of the State of Delaware (“Party B”)
Waiver or Estoppel. Each holder of a Claim or an Interest shall be deemed to have waived any right to assert any argument, including the right to argue that its Claim or Interest should be Allowed in a certain amount, in a certain priority, Secured or not subordinated by virtue of an agreement made with the Debtors or their counsel, or any other Entity, if such agreement was not disclosed in the Plan, the Disclosure Statement, the RSA, or papers filed with the Bankruptcy Court prior to the Confirmation Date. SOUTHCROSS HOLDINGS LP By: SOUTHCROSS HOLDINGS GP LLC, its general partner on behalf of itself and all other Debtors Xxxx X. Xxxxx Senior Vice President & Chief Financial Officer 0000 Xxxx Xxxxxx, Xxxxx 0000 Xxxxxx, Xxxxx, 00000 EXHIBIT B Equity Term Sheet
Waiver or Estoppel. The failure of DISTRICT or CRUISES to insist, in any one or more instances, upon strict performance of any covenants or agreements of this Agreement, or exercise any option of DISTRICT herein contained, shall not be construed as a waiver or relinquishment for the future enforcement of such covenant, agreement or option, but the same shall continue and remain in full force and effect.
Waiver or Estoppel. Each holder of a Claim shall be deemed to have waived any right to assert any argument, including the right to argue that its Claim should be Allowed in a certain amount, in a certain priority, Secured or not subordinated by virtue of an agreement made with the Debtors or their counsel, or any other Entity, if such agreement or the Debtors or Reorganized Debtors’ right to enter into settlements was not disclosed in the Plan, the Disclosure Statement, or papers Filed with the Court or the Notice and Claims Agent prior to the Confirmation Date. * * * * Respectfully submitted, as of the date first set forth above, Dated: February 25, 2016 MAGNUM HUNTER RESOURCES CORPORATION on behalf of itself and all other Debtors /s/ Xxxx X. Xxxxx Xxxx X. Xxxxx Chairman and Chief Executive Officer 000 Xxxx Xxxxxxx Xxxxxxx, Suite 600 Irving, Texas 75039
Waiver or Estoppel. 58 N. Conflicts ...............................................................................................................58 US1DOCS 7783787v8 ARTICLE I DEFINED TERMS, RULES OF INTERPRETATION, COMPUTATION OF TIME, AND GOVERNING LAW
