Equity Commitment Agreement Sample Contracts

STANDBY EQUITY COMMITMENT AGREEMENT
Equity Commitment Agreement • November 22nd, 2022 • Marquie Group, Inc. • Radio broadcasting stations • Florida

This standby equity commitment agreement is entered into as of October 12, 2022 (this "Agreement"), by and between The Marquie Group, Inc., a Florida corporation (the "Company"), and MacRab LLC, a Florida limited liability company (the "Investor").

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EQUITY COMMITMENT AGREEMENT BY AND AMONG INFRASTRUCTURE AND ENERGY ALTERNATIVES, INC., THE COMMITMENT PARTIES PARTY HERETO AND THE OTHER PARTIES SET FORTH HEREIN Dated as of October 29, 2019
Equity Commitment Agreement • October 30th, 2019 • Infrastructure & Energy Alternatives, Inc. • Blank checks • Delaware

giving effect to shares of Common Stock reserved for issuance or issuable upon the exercise of the Warrants. Upon the issuance of Common Stock following an exercise of the Warrants in accordance with the Warrant Certificate, such Common Stock, when issued, will be validly issued, fully paid and non-assessable and free and clear of all Liens, with the holders thereof being entitled to all rights accorded to a holder of Common Stock. “Company Organizational Documents” mean the Certificate of Incorporation of the Company, as amended through the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended through the date hereof (the “Bylaws”).

EQUITY COMMITMENT AGREEMENT
Equity Commitment Agreement • May 10th, 2007 • Northwest Airlines Corp • Air transportation, scheduled • New York

Subject to the approval of this Agreement by the Bankruptcy Court (as defined in the second paragraph of this Agreement), Northwest Airlines Corporation, a Delaware corporation (as a debtor-in-possession and a reorganized debtor, as applicable, the “Company”), proposes to offer and sell 27,777,778 shares of its new common stock, par value $0.01 per share, to be issued pursuant to the Amended Plan (as defined below in this paragraph) (together with any associated share purchase rights other than the Rights (as defined below in this paragraph), “New Common Stock”), of which 23,611,111 shares, (the “Shares”), will be offered pursuant to a rights offering (the “Rights Offering”) whereby each holder of an Allowed Class 1D Claim (other than a Subordinated Claim) (each an “Eligible Holder”), as of the record date fixed by the Bankruptcy Court for the solicitation of acceptances and rejections of the Amended Plan, shall be offered the right (each, a “Right”) to purchase up to its pro rata shar

EQUITY COMMITMENT AGREEMENT
Equity Commitment Agreement • March 21st, 2022 • Brookfield Business Corp • Construction - special trade contractors • Ontario

NOW THEREFORE in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the parties hereto agree as follows:

EQUITY COMMITMENT AGREEMENT AMONG VISTEON CORPORATION AND THE INVESTORS PARTY HERETO Dated as of May 6, 2010
Equity Commitment Agreement • May 18th, 2010 • Goldman Sachs Group Inc • Security brokers, dealers & flotation companies • Delaware

THIS EQUITY COMMITMENT AGREEMENT (this “Agreement”), dated as of May 6, 2010, is made by and among Visteon Corporation (as a debtor in possession and a reorganized debtor, as applicable, the “Company”), on the one hand, and the Investors set forth on Schedule 1 hereto (each referred to herein individually as an “Investor” and collectively as the “Investors”), on the other hand. The Company and each Investor is referred to herein as a “Party” and collectively, the “Parties”. Capitalized terms used herein have the meanings ascribed thereto in Article I.

AMENDED AND RESTATED EQUITY COMMITMENT AGREEMENT
Equity Commitment Agreement • May 13th, 2014 • Baring Asia Private Equity Fund v Co-Investment L.P. • Services-business services, nec • New York

This Amended and Restated Equity Commitment Agreement (this “Agreement”) dated May 12, 2014 is entered into by and among Giant Group Holdings Limited, an exempted company with limited liability incorporated and existing under the Laws of the Cayman Islands (“Holdco”), CDH Wealth Management Company Limited, an exempted company with limited liability incorporated and existing under the Laws of the Cayman Islands (the “New Sponsor”), Baring Asia Private Equity Fund V, L.P., an exempted limited partnership organized and existing under the Laws of the Cayman Islands (“Baring LP”), Hony Capital Fund V, L.P., an exempted limited partnership organized and existing under the Laws of the Cayman Islands (“Hony LP” and, together with Baring LP, the “Other Sponsors”) and Union Sky Holding Group Limited, a business company with limited liability incorporated and existing under the laws of the British Virgin Islands (“Union Sky” and, together with the Other Sponsors, the “Other Investors”).

EQUITY COMMITMENT AGREEMENT
Equity Commitment Agreement • August 3rd, 2020 • Brookfield Renewable Partners L.P. • Electric services • Ontario

NOW THEREFORE in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the parties hereto agree as follows:

AMENDED AND RESTATED EQUITY COMMITMENT AGREEMENT
Equity Commitment Agreement • June 8th, 2017 • Vanguard Natural Resources, LLC • Crude petroleum & natural gas • New York

This AMENDED AND RESTATED EQUITY COMMITMENT AGREEMENT (this “Agreement”), originally dated as of February 24, 2017, as amended and restated on May 24, 2017, is made and entered into by and among Vanguard Natural Resources, LLC, a Delaware limited liability company (the “Company”), Fir Tree, Inc., on behalf of certain investment funds it manages (collectively, “Fir Tree”), Wexford Capital LP, on behalf of certain investment funds it manages (collectively, “Wexford”) and York Capital Management Global Advisors, LLC, on behalf of certain funds and/or accounts managed by it or its affiliates (collectively, “York Capital,” and together with Fir Tree and Wexford, the “Investors” and each of them an “Investor”).

EQUITY COMMITMENT AGREEMENT
Equity Commitment Agreement • April 18th, 2008 • Foamex International Inc • Plastics foam products

We understand that Foamex International Inc. (the “Company”) proposes to carry out an offering (the “Rights Offering”) to the Company’s existing common stockholders (collectively, the “Equityholders”) of rights (the “Rights”) to purchase additional shares of common stock of the Company and an offering (the “Second Lien Term Loan Offering”) to the Second Lien Term Loan Lenders (as defined in the Term Sheet) of rights to purchase additional shares of common stock of the Company by assigning their Second Lien Term Loans (as defined in the Term Sheet), in accordance with the terms and conditions described in the term sheet annexed hereto as Exhibit A (the “Term Sheet”) and the Put Option Agreements annexed hereto as Exhibit B (the “Put Option Agreements”). The Term Sheet and the Put Option Agreements are hereby incorporated herein in their entirety as if set forth below in their entirety, and capitalized terms used but not defined herein have the meanings assigned to them therein.

STANDBY EQUITY COMMITMENT AGREEMENT (SECA)
Equity Commitment Agreement • March 19th, 2020 • 4Less Group, Inc. • Services-business services, nec • California

This STANDBY EQUITY COMMITMENT AGREEMENT (this “Agreement”), dated as of February 4, 2020 (the “Execution Date”), is entered into by and between The 4 Less Group, Inc., a Nevada corporation with its mailing address at 4580 N. Rancho Dr. #130, Las Vegas, NV 89130 (the “Company”), and GC Investments I, LLC, a California limited liability company, with offices at 18201 Von Karman Ave., Suite 300, Irvine, CA 92612 (the “Investor”).

THIRD AMENDMENT TO EQUITY COMMITMENT AGREEMENT
Equity Commitment Agreement • August 12th, 2010 • Ubs Ag • National commercial banks

This Third Amendment (this “Amendment”), dated as of August 9, 2010, is made and entered into by and among Visteon Corporation (as debtor-in-possession and a reorganized debtor, as applicable, the “Company”), the Investors whose signatures are set forth below (the “Amending Investors”), and the Persons whose signatures are set forth below as “Additional Purchasers.” Capitalized terms used and not otherwise defined herein have the meanings set forth in the Equity Commitment Agreement (as defined below).

Amendment No. 1 To EQUITY COMMITMENT AGREEMENT
Equity Commitment Agreement • June 19th, 2008 • Foamex International Inc • Plastics foam products • New York

THIS AMENDMENT (this “Amendment”) to the EQUITY COMMITMENT AGREEMENT (the “Equity Commitment Agreement”), dated April 1, 2008 is made and entered into as of June , 2008, by and among Foamex International Inc., a Delaware corporation (the “Company”), D. E. Shaw Laminar Portfolios, L.L.C. (“D. E. Shaw”), Sigma Capital Associates, LLC (“Sigma”), CGDO, LLC (as agent on behalf of Chilton Global Distressed Opportunities Master Fund, L.P.) (“CGDO”) and Q Funding III, L.P. (together with CGDO, “Chilton” and, together with D. E. Shaw, Sigma and CGDO, the “Significant Equityholders”).

EQUITY COMMITMENT AGREEMENT among SANDY CREEK ENERGY ASSOCIATES, L.P., a Delaware limited partnership, as Borrower and SANDY CREEK HOLDINGS, LLC, a Delaware limited liability company, as Equity Investor and CREDIT SUISSE, as Collateral Agent Dated as...
Equity Commitment Agreement • September 5th, 2007 • Dynegy Holdings Inc • Electric services • New York

This EQUITY COMMITMENT AGREEMENT, dated as of August 29, 2007 (this “Agreement”), by and among SANDY CREEK ENERGY ASSOCIATES, L.P., a limited partnership organized and existing under the laws of the State of Delaware (the “Borrower”), SANDY CREEK HOLDINGS, LLC, a limited liability company organized and existing under the laws of the State of Delaware (the “Equity Investor”) and CREDIT SUISSE, in its capacity as collateral agent for the Secured Parties under the Intercreditor Agreement (in such capacity, together with its successors and permitted assigns, the “Collateral Agent”).

BROOKFIELD ASSET MANAGEMENT INC. - and – BROOKFIELD ASSET MANAGEMENT REINSURANCE PARTNERS LTD. EQUITY COMMITMENT AGREEMENT June 28, 2021 TORYS LLP
Equity Commitment Agreement • June 29th, 2021 • Brookfield Asset Management Reinsurance Partners Ltd. • Insurance carriers, nec • Ontario

BROOKFIELD ASSET MANAGEMENT REINSURANCE PARTNERS LTD. (the “Company”), an exempted company limited by shares existing under the laws of Bermuda

EXHIBIT B
Equity Commitment Agreement • November 29th, 1999 • Ce Generation LLC • Electric services • New York
EQUITY COMMITMENT AGREEMENT
Equity Commitment Agreement • April 28th, 2014 • Shi Yuzhu • Services-business services, nec • New York

This Equity Commitment Agreement (this "Agreement") dated April 25, 2014 by and among Giant Group Holdings Limited, an exempted company with limited liability incorporated and existing under the Laws of the Cayman Islands ("Holdco"), CDH Wealth Management Company Limited, an exempted company with limited liability incorporated and existing under the Laws of the Cayman Islands (the "New Sponsor"), Baring Asia Private Equity Fund V, L.P., a limited partnership organized and existing under the Laws of the Cayman Islands ("Baring LP"), Hony Capital Fund V, L.P., a limited partnership organized and existing under the Laws of the Cayman Islands ("Hony LP" and, together with Baring LP, the "Other Sponsors") and Union Sky Holding Group Limited, a business company with limited liability incorporated and existing under the laws of the British Virgin Islands ("Union Sky" and, together with the Other Sponsors, the "Other Investors").

EQUITY COMMITMENT AGREEMENT AMONG VISTEON CORPORATION AND THE INVESTORS PARTY HERETO Dated as of May 6, 2010
Equity Commitment Agreement • May 18th, 2010 • Ubs Ag • National commercial banks • Delaware

THIS EQUITY COMMITMENT AGREEMENT (this “Agreement”), dated as of May 6, 2010, is made by and among Visteon Corporation (as a debtor in possession and a reorganized debtor, as applicable, the “Company”), on the one hand, and the Investors set forth on Schedule 1 hereto (each referred to herein individually as an “Investor” and collectively as the “Investors”), on the other hand. The Company and each Investor is referred to herein as a “Party” and collectively, the “Parties”. Capitalized terms used herein have the meanings ascribed thereto in Article I.

FORM OF EQUITY COMMITMENT AGREEMENT
Equity Commitment Agreement • April 22nd, 2020 • Brookfield Renewable Partners L.P. • Electric services • Ontario

NOW THEREFORE in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the parties hereto agree as follows:

FORM OF EQUITY COMMITMENT AGREEMENT
Equity Commitment Agreement • December 20th, 2019 • Brookfield Infrastructure Partners L.P. • Water transportation • Ontario

NOW THEREFORE in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the parties hereto agree as follows:

EX-99.(B)(26) 3 d699526dex99b26.htm POST-CLOSING EQUITY COMMITMENT AGREEMENT Exhibit (b)-(26) EXECUTION VERSION POST-CLOSING EQUITY COMMITMENT AGREEMENT
Equity Commitment Agreement • May 5th, 2020 • New York

This Post-Closing Equity Commitment Agreement (this “Agreement”) dated as of July 1, 2014 is entered into by and among Giant Group Holdings Limited, an exempted company with limited liability incorporated and existing under the Laws of the Cayman Islands (“Holdco”), CDH Wealth Management Company Limited, an exempted company with limited liability incorporated and existing under the Laws of the Cayman Islands (“CDH Advisor”), CDH WM Giant Fund, L.P., an exempted limited partnership organized and existing under the Laws of the Cayman Islands (“CDH LP”), CDH Journey Limited, a limited liability company organized and existing under the laws of the Cayman Islands and a wholly owned subsidiary of CDH LP (“CDH SPV”, together with CDH Advisor and CDH LP, “CDH”), Baring Asia Private Equity Fund V, L.P., an exempted limited partnership organized and existing under the Laws of the Cayman Islands (“Baring LP”), Hony Capital Fund V, L.P., an exempted limited partnership organized and existing under

EQUITY COMMITMENT AGREEMENT
Equity Commitment Agreement • November 5th, 2015 • Globalstar, Inc. • Communications services, nec • Delaware

This Equity Commitment Agreement (this "Agreement"), dated as of August 7, 2015, is entered into between Globalstar, Inc. ("Globalstar") and Thermo Funding Company LLC ("Thermo").

EQUITY COMMITMENT AGREEMENT
Equity Commitment Agreement • March 5th, 2014 • Exterran Holdings Inc. • Services-equipment rental & leasing, nec • Texas

This Equity Commitment Agreement (this “Agreement”) is made and entered into as of February 27, 2014 (the “Execution Date”) by and between Exterran Holdings, Inc., a Delaware corporation (“EXH”), and Exterran Partners, L.P., a Delaware limited partnership (“EXLP”). Capitalized terms used but not defined in this Agreement shall have the respective meanings assigned to them in that certain Purchase and Sale Agreement (the “PSA”), dated as of the Execution Date, by and between EXLP Operating LLC, a Delaware limited liability company and a subsidiary of EXLP (“Operating”), and MidCon Compression, L.L.C., an Oklahoma limited liability company (“MidCon”).

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EQUITY COMMITMENT AGREEMENT
Equity Commitment Agreement • December 22nd, 2009 • New York

Subject to the approval of this Equity Commitment Agreement (this “Agreement”) by the Bankruptcy Court (as defined below), Tronox Incorporated, a Delaware corporation (as a debtor-in-possession and a reorganized debtor, as applicable, the “Company”), proposes to implement a plan of reorganization (the “Plan”), pursuant to which, inter alia, a newly formed, wholly-owned subsidiary of the Company (“New Tronox”) will offer and sell shares of its new common stock, par value $0.01 per share (the “New Common Stock”), pursuant to a rights offering (the “Rights Offering”) whereby each holder of Senior Notes (as defined below) and any other holder of an allowed unsecured claim against the Debtors (other than Environmental Claims) (each, a “Claim”), who is an institutional “accredited investor,” as such term is defined in Rule 501(a) under the Securities Act of 1933, as amended (the “Securities Act”), and who holds a Claim in excess of $25,000 (each, an “Eligible Holder”), as of the date (the “R

FIRST AMENDMENT TO THE EQUITY COMMITMENT AGREEMENT
Equity Commitment Agreement • June 21st, 2010 • Goldman Sachs Group Inc • Security brokers, dealers & flotation companies

This First Amendment (this “Amendment”), dated as of June 13, 2010, is made and entered into by and among Visteon Corporation (as debtor-in-possession and a reorganized debtor, as applicable, the “Company”) and the Investors whose signatures are set forth below (the “Amending Investors”). Capitalized terms used and not otherwise defined herein have the meanings set forth in the Equity Commitment Agreement (as defined below).

STANDBY EQUITY COMMITMENT AGREEMENT by and among UGI CORPORATION, AMERIGAS PROPANE, INC., and AMERIGAS PARTNERS, L.P. November 7, 2017
Equity Commitment Agreement • November 9th, 2017 • Amerigas Partners Lp • Retail-retail stores, nec • Delaware

This STANDBY EQUITY COMMITMENT AGREEMENT, dated as of November 7, 2017 (this “Agreement”), is entered into by and among UGI CORPORATION, a Pennsylvania corporation (“UGI”), AMERIGAS PROPANE, INC., a Pennsylvania corporation (the “General Partner”), and AMERIGAS PARTNERS, L.P., a Delaware limited partnership (the “Partnership”).

AMENDMENT TO EQUITY COMMITMENT AGREEMENT
Equity Commitment Agreement • August 30th, 2019 • Infrastructure & Energy Alternatives, Inc. • Blank checks

This Amendment, dated as of August 30, 2019 (this “Amendment”), to the Equity Commitment Agreement, dated as of August 13, 2019 (the “Equity Commitment Agreement”), is entered into by and among (i) Infrastructure and Energy Alternatives, Inc., a Delaware corporation (the “Company”), (ii) each Commitment Party (as defined in the Equity Commitment Agreement), (iii) Oaktree Power Opportunities Fund III Delaware, L.P., a Delaware limited partnership, (iv) Infrastructure and Energy Alternatives, LLC, a Delaware limited liability company and (v) OT POF IEA Preferred B Aggregator, L.P., a Delaware limited partnership. Capitalized terms used herein and not defined herein have the meanings set forth in the Equity Commitment Agreement.

EQUITY COMMITMENT AGREEMENT by and among SYMS CORP., MARCY SYMS, LAURA MERNS LIVING TRUST MARCY SYMS REVOCABLE LIVING TRUST and THE BACKSTOP PARTIES IDENTIFIED HEREIN Dated as of July 13, 2012
Equity Commitment Agreement • July 19th, 2012 • Syms Corp • Retail-family clothing stores • Delaware

This Equity Commitment Agreement (this "Agreement"), dated as of July 13, 2012, is made and entered into by and among (i) Syms Corp., a New Jersey corporation ("Syms"), (ii) Ms. Marcy Syms, an individual ("Ms. Syms"), (iii) the Laura Merns Living Trust, dated February 14, 2003 (the "Laura Merns Living Trust"), (iv) the Marcy Syms Revocable Living Trust, dated January 12, 1990, as amended (together with the Laura Merns Living Trust, the "Trusts") and (v) the backstop parties identified on the signature pages hereof (the "Backstop Parties").

EQUITY COMMITMENT AGREEMENT dated as of August 15, 2008 between ALLEGHENY ENERGY, INC., as Sponsor and UNION BANK OF CALIFORNIA, N.A., as Collateral Agent
Equity Commitment Agreement • November 6th, 2008 • Allegheny Energy, Inc • Electric services • New York

This EQUITY COMMITMENT AGREEMENT, dated as of August 15, 2008 (this “Agreement”), by and between ALLEGHENY ENERGY, INC., a corporation organized and existing under the laws of the State of Maryland (the “Sponsor”), and UNION BANK OF CALIFORNIA, N.A., as collateral agent (in such capacity, together with its successors and assigns, the “Collateral Agent”) for the Secured Parties under and as defined in the TrAILCo Credit Agreement, as defined below.

AMENDMENT NO. 1 TO EQUITY COMMITMENT AGREEMENT
Equity Commitment Agreement • February 28th, 2006 • Usg Corp • Concrete, gypsum & plaster products • Delaware

Reference is hereby made to the Equity Commitment Agreement, dated as of January 30, 2006 (the “Equity Commitment Agreement”), by and between you and USG Corporation. All capitalized terms used but not defined herein have the meanings given to them in the Equity Commitment Agreement.

AMENDED AND RESTATED EQUITY COMMITMENT AGREEMENT BY AND AMONG SONIDA SENIOR LIVING INC., CONVERSANT DALLAS PARKWAY (A) LP AND CONVERSANT DALLAS PARKWAY (B) LP DATED AS OF SEPTEMBER 29, 2023
Equity Commitment Agreement • November 6th, 2023 • Conversant GP Holdings LLC • Services-nursing & personal care facilities • Delaware

AMENDED AND RESTATED EQUITY COMMITMENT AGREEMENT (this “Agreement”), dated as of September 29, 2023 (“Effective Date”), by and among Sonida Senior Living, Inc., a Delaware corporation (the “Company”), Conversant Dallas Parkway (A) LP, a Delaware limited partnership (“Investor A”) and Conversant Dallas Parkway (B) LP, a Delaware limited partnership (“Investor B”, and together with Investor A, “Investors”). Capitalized terms used in this Agreement have the meaning set forth in Section 6.1, unless defined elsewhere herein.

EQUITY COMMITMENT AGREEMENT AMONG QUORUM HEALTH CORPORATION AND THE EQUITY COMMITMENT PARTIES PARTY HERETO Dated as of April 6, 2020
Equity Commitment Agreement • April 7th, 2020 • Quorum Health Corp • Services-general medical & surgical hospitals, nec • New York

This EQUITY COMMITMENT AGREEMENT (including exhibits and schedules attached hereto and incorporated herein, this “Agreement”), dated as of April 6, 2020 (the “Agreement Effective Date”) is made by and among Quorum Health Corporation, a Delaware corporation (“Quorum”), on behalf of itself and each other Debtor, on one hand, and severally and not jointly, each Equity Commitment Party, or investment advisor or manager thereof, set forth on Schedule 1 hereto (together with their respective successors and permitted assigns and any subsequent Equity Commitment Party that becomes party to this Agreement in accordance with the terms hereof, collectively, the “Equity Commitment Parties” and each, an “Equity Commitment Party”). Quorum and each Equity Commitment Party is referred to herein, individually, as a “Party” and, collectively, as the “Parties.” Capitalized terms used but not immediately defined in the preamble and recitals to this Agreement have the meaning ascribed to such terms in Arti

Equity Commitment Agreement]
Equity Commitment Agreement • July 1st, 2005 • American Real Estate Partners L P • Operators of nonresidential buildings

We refer to the Asset Purchase Agreement dated June 23, 2005 (the “APA”) among WS Textile Co., Inc., New Textile One, Inc., New Textile Two, Inc., Textile Co., Inc., WestPoint Stevens Inc., WestPoint Stevens Inc. I, WestPoint Stevens Stores Inc., and J.P. Stevens Enterprises Inc. All capitalized terms used and not otherwise defined herein shall have the meanings as defined in the APA.

EQUITY COMMITMENT AGREEMENT dated as of August 15, 2008 between ALLEGHENY ENERGY, INC., as Sponsor and UNION BANK OF CALIFORNIA, N.A., as Collateral Agent
Equity Commitment Agreement • November 9th, 2009 • Allegheny Energy, Inc • Electric services • New York

This EQUITY COMMITMENT AGREEMENT, dated as of August 15, 2008 (this “Agreement”), by and between ALLEGHENY ENERGY, INC., a corporation organized and existing under the laws of the State of Maryland (the “Sponsor”), and UNION BANK OF CALIFORNIA, N.A., as collateral agent (in such capacity, together with its successors and assigns, the “Collateral Agent”) for the Secured Parties under and as defined in the TrAILCo Credit Agreement, as defined below.

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