0001193125-23-039349 Sample Contracts

BACKSTOP COMMITMENT AGREEMENT BY AND AMONG AVAYA HOLDINGS CORP., THE OTHER DEBTORS AND THE COMMITMENT PARTIES PARTY HERETO Dated as of February 14, 2023
Backstop Commitment Agreement • February 14th, 2023 • Avaya Holdings Corp. • Services-prepackaged software • New York

THIS BACKSTOP COMMITMENT AGREEMENT (this “Agreement”), dated as of February 14, 2023, is made by and among Avaya Holdings Corp., a Delaware corporation (including as debtor in possession and a reorganized debtor, as applicable, the “Company”), and each of the other Debtors (as defined below), on the one hand, and each Commitment Party (as defined below), on the other hand. The Company, the other Debtors and the Commitment Parties are referred to herein, collectively, as the “Parties,” and each, individually, a “Party.” Capitalized terms that are used but not otherwise defined in this Agreement shall have the respective meanings given to them in Section 1.1 hereof or, if not defined therein, shall have the meanings given to them in the Plan (as defined below).

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Restructuring Support Agreement • February 14th, 2023 • Avaya Holdings Corp. • Services-prepackaged software • New York

THIS RESTRUCTURING SUPPORT AGREEMENT AND THE DOCUMENTS ATTACHED HERETO COLLECTIVELY DESCRIBE A PROPOSED RESTRUCTURING OF THE COMPANY PARTIES THAT WILL BE EFFECTUATED THROUGH FILING CHAPTER 11 CASES IN THE BANKRUPTCY COURT (AS DEFINED BELOW).

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