Restructuring Agreement Sample Contracts

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Delcath Systems – Amendment No. 1 to Restructuring Agreement (October 11th, 2017)

WHEREAS, reference is hereby made to that certain Securities Purchase Agreement, dated June 6, 2016, by and among the Company, the Investor and certain other buyers signatory thereto (the Securities Purchase Agreement), pursuant to which the Investor and such other buyers acquired (i) certain senior secured convertible notes (the Notes), convertible into shares of the Companys common stock, par value $0.01 per share (the Common Stock) and (ii) warrants to acquire shares of the Common Stock.

Synthesis Energy Systems, Inc. – TSEC Restructuring Agreement (August 24th, 2017)

Xin Mei Hua Gong She Ji Yuan (Shang Hai )You Xian Gong Si ("ICCDI"),[?] Jia Yi Zhao Zhong Hua Ren Min Gong He Guo Fa Lu Cheng Li Bing Cun Xu De You Xian Ze Ren Gong Si ,Zhu Ce Di Zhi Wei Zhong Guo Shang Hai Shi Yi Shan Lu 717Hao 8Lou . Innovative Coal Chemical Design Institute (Shanghai) Co., Ltd. ("ICCDI"), a limited liability company established and existing under the laws of the PRC whose registered address is 717 Yishan Road, 8th Floor, Shanghai, China,

Western Refining Logistics, LP – Sponsor Equity Restructuring Agreement (August 14th, 2017)

This SPONSOR EQUITY RESTRUCTURING AGREEMENT (this "Agreement"), dated as of August 13, 2017, is entered into between Andeavor, a Delaware corporation ("Andeavor"), Andeavor Logistics LP, a Delaware limited partnership ("AMLP"), and Tesoro Logistics GP, LLC, a Delaware limited liability company ("AMLP GP", and together with Andeavor and AMLP, the "parties").

Sponsor Equity Restructuring Agreement (August 14th, 2017)

This SPONSOR EQUITY RESTRUCTURING AGREEMENT (this "Agreement"), dated as of August 13, 2017, is entered into between Andeavor, a Delaware corporation ("Andeavor"), Andeavor Logistics LP, a Delaware limited partnership ("AMLP"), and Tesoro Logistics GP, LLC, a Delaware limited liability company ("AMLP GP", and together with Andeavor and AMLP, the "parties").

Sponsor Equity Restructuring Agreement (August 14th, 2017)

This SPONSOR EQUITY RESTRUCTURING AGREEMENT (this "Agreement"), dated as of August 13, 2017, is entered into between Andeavor, a Delaware corporation ("Andeavor"), Andeavor Logistics LP, a Delaware limited partnership ("AMLP"), and Tesoro Logistics GP, LLC, a Delaware limited liability company ("AMLP GP", and together with Andeavor and AMLP, the "parties").

Western Refining Logistics, LP – Sponsor Equity Restructuring Agreement (August 14th, 2017)

This SPONSOR EQUITY RESTRUCTURING AGREEMENT (this "Agreement"), dated as of August 13, 2017, is entered into between Andeavor, a Delaware corporation ("Andeavor"), Andeavor Logistics LP, a Delaware limited partnership ("AMLP"), and Tesoro Logistics GP, LLC, a Delaware limited liability company ("AMLP GP", and together with Andeavor and AMLP, the "parties").

Western Refining Logistics, LP – Sponsor Equity Restructuring Agreement (August 14th, 2017)

This SPONSOR EQUITY RESTRUCTURING AGREEMENT (this "Agreement"), dated as of August 13, 2017, is entered into between Andeavor, a Delaware corporation ("Andeavor"), Andeavor Logistics LP, a Delaware limited partnership ("AMLP"), and Tesoro Logistics GP, LLC, a Delaware limited liability company ("AMLP GP", and together with Andeavor and AMLP, the "parties").

Tesoro Logistics Lp Common Unit – Sponsor Equity Restructuring Agreement (August 14th, 2017)

This SPONSOR EQUITY RESTRUCTURING AGREEMENT (this "Agreement"), dated as of August 13, 2017, is entered into between Andeavor, a Delaware corporation ("Andeavor"), Andeavor Logistics LP, a Delaware limited partnership ("AMLP"), and Tesoro Logistics GP, LLC, a Delaware limited liability company ("AMLP GP", and together with Andeavor and AMLP, the "parties").

Albuquerque Suite Hospitality LLC Restructuring Agreement-Second Addendum (June 22nd, 2017)

This Agreement is made as of June 19, 2017, and amends the Restructuring Agreement made as of August 30, 2010 and amended December 9, 2013, by and among:

Albuquerque Suite Hospitality LLC Restructuring Agreement-Second Addendum (June 22nd, 2017)

This Agreement is made as of June 19, 2017, and amends the Restructuring Agreement made as of August 30, 2010 and amended December 9, 2013, by and among:

Restructuring Agreement (December 29th, 2016)

This RESTRUCTURING AGREEMENT (this "Agreement") dated as of December 22, 2016 is entered into by and among Inventergy Global, Inc., a Delaware corporation ("Parent") and Inventergy, Inc. ("Owner", and, collectively, together with Parent and Parent's other subsidiaries ("Subsidiaries"), the "Company"), and DBD Credit Funding, LLC as collateral agent (the "Collateral Agent") and the "Investors" listed on the signature pages hereto (the "Investors"), and, upon the Amendment Effective Date (as defined below), will amend that certain Amended and Restated Revenue Sharing and Note Purchase Agreement between the Company, the Collateral Agent and the Investors originally dated as of October 1, 2014 and amended and restated as of February 25, 2015, and further amended as of October 30, 2015, as of November 30, 2015, as of March 1, 2016, as of August 19, 2016, as of September 26, 2016, as of November 11, 2016 and as of December 5, 2016 (such Agreement, as so amended, the "Existing Agreement"). Ca

Restructuring Agreement (December 29th, 2016)

This RESTRUCTURING AGREEMENT (this "Agreement") dated as of December 22, 2016 is entered into by and among Inventergy Global, Inc., a Delaware corporation ("Parent") and Inventergy, Inc. ("Owner", and, collectively, together with Parent and Parent's other subsidiaries ("Subsidiaries"), the "Company"), and DBD Credit Funding, LLC as collateral agent (the "Collateral Agent") and the "Investors" listed on the signature pages hereto (the "Investors"), and, upon the Amendment Effective Date (as defined below), will amend that certain Amended and Restated Revenue Sharing and Note Purchase Agreement between the Company, the Collateral Agent and the Investors originally dated as of October 1, 2014 and amended and restated as of February 25, 2015, and further amended as of October 30, 2015, as of November 30, 2015, as of March 1, 2016, as of August 19, 2016, as of September 26, 2016, as of November 11, 2016 and as of December 5, 2016 (such Agreement, as so amended, the "Existing Agreement"). Ca

Greenwood Hall – Note Purchase and Restructuring Agreement (December 6th, 2016)

This NOTE PURCHASE AND RESTRUCTURING AGREEMENT (this "Agreement") is made and entered into as of September 30, 2016 (the "Effective Date"), by and among Greenwood Hall, Inc., a Nevada corporation (the "Company"), and Redwood Fund, LP, a Delaware limited partnership ("Investor"). Each of the Company and Investor shall hereinafter be referred to as a "Party" and collectively referred to as the "Parties".

American Housing Income Trust, Inc. – Stock Exchange and Restructuring Agreement (August 24th, 2016)

This Stock Exchange and Restructuring Agreement (this "Agreement") is made and effective as of August 1, 2016 (the "Effective Date"), by and between American Housing Income Trust, Inc., a Maryland corporation ("AHIT") with a mailing address for notice purposes of 34225 North 27th Drive, Building 5, Suite 238 in Phoenix, Arizona 85085, which is the business address of its wholly-owned subsidiary, American Realty Partners, LLC ("ARP"), and Performance Realty Management, LLC, an Arizona limited liability company ("PRM") with a mailing address for notice purposes of 34225 North 27th Drive, Building 5, Suite 238 in Phoenix, Arizona 85085. AHIT and PRM may be defined singularly as a "Party" or collectively as the "Parties."

Suite 1710 Chicago Illinois 60603 HEAT RESTRUCTURING AGREEMENT (November 2nd, 2015)

This is intended to be a legally binding agreement entered into and effective as of August 31, 2015 and governed by the laws of Delaware between the following parties:

San Juan Project Restructuring Agreement (October 30th, 2015)

This SAN JUAN PROJECT RESTRUCTURING AGREEMENT ("Restructuring Agreement") is executed as of July 31, 2015 ("Execution Date") by and among PUBLIC SERVICE COMPANY OF NEW MEXICO, a New Mexico corporation ("PNM"); TUCSON ELECTRIC POWER COMPANY, an Arizona corporation ("TEP"); THE CITY OF FARMINGTON, NEW MEXICO, an incorporated municipality and a body politic and corporate, existing as a political subdivision under the constitution and laws of the State of New Mexico ("Farmington"); M-S-R PUBLIC POWER AGENCY, a joint exercise of powers agency organized under the laws of the State of California ("M-S-R"); THE INCORPORATED COUNTY OF LOS ALAMOS, NEW MEXICO, a body politic and corporate, existing as a political subdivision under the constitution and laws of the State of New Mexico ("Los Alamos"); SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY, a joint exercise of powers agency organized under the laws of the State of California ("SCPPA"); CITY OF ANAHEIM, a municipal corporation organized under the

Restructuring Agreement (July 29th, 2015)

THIS RESTRUCTURING AGREEMENT (the "Agreement") is made this 29th day of July, 2015, ("Effective Date") by and among Northern Comstock LLC ("Northern Comstock") and Comstock Mining Inc., as a member of Northern Comstock ("Comstock Mining"), DWC Resources Inc., as a member of Northern Comstock ("DWC"), The InterGroup Corporation, a shareholder of Comstock Mining ("InterGroup"), Santa Fe Financial Corporation, a shareholder of Comstock Mining and subsidiary of InterGroup ("Santa Fe"), Portsmouth Square, Inc., a shareholder of Comstock Mining and subsidiary of Santa Fe ("Portsmouth"), and John V. Winfield, as a member and manager of Northern Comstock ("Winfield," and together with Northern Comstock, Comstock Mining, DWC, InterGroup, Portsmouth and Sante Fe, the "Parties").

Tapimmune Inc – Amended and Restated Restructuring Agreement (June 5th, 2015)

"(h) Limitation on Exercise. Notwithstanding anything to the contrary contained in this Warrant, this Warrant shall not be exercisable by the Holder hereof to the extent (but only to the extent) that the Holder or any of its affiliates would beneficially own in excess of 49.9% (the "Maximum Percentage") of the Common Stock after giving effect to such exercise. To the extent the above limitation applies, the determination of whether this Warrant shall be exercisable (vis-a-vis other convertible, exercisable or exchangeable securities owned by the Holder or any of its affiliates) and of which such securities shall be exercisable (as among all such securities owned by the Holder) shall, subject to such Maximum Percentage limitation, be determined on the basis of the first submission to the Company for conversion, exercise or exchange (as the case may be). No prior inability to exercise this Warrant pursuant to this paragraph shall have any effect on the applicability of the p

Tapimmune Inc – Restructuring Agreement (June 3rd, 2015)

"Equity Conditions" means each of the following conditions: (i) a registration statement shall be effective and available for the issuance or resale of all remaining Warrant Shares issuable upon exercise of this Warrant; (ii) the Company shall have delivered all shares of Common Stock upon exercise of all warrants previously exercised by the Holder, including under this Warrant, in each case in accordance with the terms of the applicable warrants; (iii) any applicable shares of Common Stock to be issued in connection with the event requiring determination may be issued in full without violating the rules or regulations of the Principal Market or any other applicable Eligible Market; (iv) the Holder shall not be in possession of any material, nonpublic information received from the Company, any Subsidiary or any of their respective agents or affiliates; and (v) the shares of Common Stock issuable pursuant the event requiring the satisfaction of the Equity Conditions are duly authorized

American Housing Income Trust, Inc. – Stock Exchange and Restructuring Agreement (May 18th, 2015)

This Stock Exchange and Restructuring Agreement (this "Agreement") is made and effective as of May 15, 2015 (the "Effective Date"), by and between American Realty Partners, LLC, an Arizona limited liability company with a mailing address for notice purposes of 34225 North 27th Drive, Building 5, Suite 238 in Phoenix, Arizona 85085 ("ARP"), and American Housing Income Trust, Inc., a Maryland corporation with a mailing address for notice purposes of 34225 North 27th Drive, Building 5, Suite 238 in Phoenix, Arizona 85085 ("AHIT"). AHIT and ARP may be defined singularly as a "Party" or collectively as the "Parties."

Amendment No. 1 to Restructuring Agreement (April 3rd, 2015)

This Amendment No. 1 to the Restructuring Agreement (the "Amendment") first entered into by _________ (the "Shareholder") and Park City Group, Inc., a Nevada corporation (the "Company") on February 4, 2015 (the "Agreement"), is entered into as of March 31, 2015. Unless otherwise specified herein, all capitalized terms set forth in this Amendment shall have the meanings ascribed to them in the Agreement.

Restructuring Agreement (February 5th, 2015)

This Agreement ("Agreement") is entered into as of February __, 2015, by and between Park City Group, Inc., a Nevada corporation (the "Company"), and _________ ("Shareholder").

Restructuring Agreement (December 11th, 2014)

Precept Fund Management SPC (acting on behalf of Precept Fund Segregated Portfolio and Prescient Fund Segregated Portfolio)

Aethlon Medical – Restructuring Agreement (July 10th, 2014)

This Restructuring Agreement (this "Agreement") is entered into effective as of March 31, 2014, by and among Aethlon Medical, Inc., a Nevada corporation (the "Company"), and Joel S. Aaronson, Patricia Green and Christina J. Bird, Co-Executors of the Estate of Allan S. Bird (the "Holder").

Aethlon Medical – Restructuring Agreement (June 30th, 2014)

This Restructuring Agreement (this "Agreement") is entered into effective as of March 31, 2014, by and among Aethlon Medical, Inc., a Nevada corporation (the "Company"), and the Ellen R. Weiner Family Revocable Trust (the "Holder").

Aethlon Medical – Restructuring Agreement (June 30th, 2014)

This Restructuring Agreement (this "Agreement") is entered into effective as of March 31, 2014, by and among Aethlon Medical, Inc., a Nevada corporation (the "Company"), and ____________________ (the "Holder").

Panache Beverage, Inc. – Restructuring Agreement (June 16th, 2014)
ZS Pharma, Inc. – License Restructuring Agreement Between Zs Pharma, Inc. Hemocleanse, Inc. And Uop Llc (May 15th, 2014)

THIS AGREEMENT, dated as of December 19, 2011, is made between ZS Pharma, Inc., a corporation organized and existing under the laws of the State of Delaware, (ZS Pharma), HemoCleanse, Inc., a corporation organized and existing under the laws of the State of Indiana, (HemoCleanse) and UOP LLC, a limited liability company organized and existing under the laws of the State of Delaware, United States of America (UOP), all sometimes referred to herein as the Parties.

Restructuring Agreement Between Bayer Consumer Care Ag and Kythera Biopharmaceuticals, Inc. (May 8th, 2014)

THIS RESTRUCTURING AGREEMENT (this Restructuring Agreement), is entered into as of March 7, 2014 (the Effective Date), by and among Bayer Consumer Care AG, a company organized under the laws of Switzerland (Bayer) and KYTHERA Biopharmaceuticals, Inc., a Delaware corporation (Kythera) (each, a Party and together, the Parties) and, with respect to Article 3 and Article 6 hereof only, Intendis GmbH, a company organized under the laws of the Federal Republic of Germany (Intendis).

Bioject Medical Technologies Inc. – Bioject Medical Technologies Inc Restructuring Agreement (May 6th, 2014)

This Restructuring Agreement (the Agreement), dated as of April 30, 2014, is by and among of Bioject Medical Technologies Inc. (Bioject) and the holders of its preferred stock and debt who are parties hereto (the Holders).

Us Precious Metals – RestructURing AGREEMENT (February 5th, 2014)

This Restructuring Agreement ("Agreement") is entered into effective as of January 29, 2014 by and among U.S. PRECIOUS METALS, INC., a Delaware corporation ("Company"), 179 Route 9 North, Suite 306, Marlboro, New Jersey 07728; and RESOURCE TECHNOLOGY CORPORATION, a Florida corporation ("RTC"), 201 South Biscayne Blvd, 28th Floor, Miami Florida 33131, the shareholders of RTC ("RTC Shareholders"), and PLASMAFICATION TECHNOLOGY HOLDINGS, LLC, a Florida limited liability company, 75850 Baseline Road, Twentynine Palms, CA 92277 ("PTH").

American Midstreampartners Lp – Equity Restructuring Agreement by and Among American Midstream Partners, Lp, American Midstream Gp, Llc and High Point Infrastructure Partners, Llc Dated as of August 9, 2013 (August 15th, 2013)

This EQUITY RESTRUCTURING AGREEMENT (this "Agreement") dated as of August 9, 2013 (the "Closing Date"), is entered into by and among American Midstream Partners, LP, a Delaware limited partnership (the "Partnership"), American Midstream GP, LLC, a Delaware limited liability company (the "General Partner"), and High Point Infrastructure Partners, LLC, a Delaware limited liability company ("HPIP").

Jones Energy Inc. – Restructuring Agreement (July 30th, 2013)

This RESTRUCTURING AGREEMENT (this Agreement), dated and effective as of July 11, 2013 (the Effective Date), is adopted, executed and agreed to, for good and valuable consideration, by and among Jones Energy, Inc., a Delaware corporation (JEI) and Jones Energy Holdings, LLC, a Delaware limited liability company (JEH) and the undersigned Members of JEH. The above-named entities are sometimes referred to in this Agreement each as a Party and collectively as the Parties. Capitalized terms used herein without definition shall have the meaning set forth in the Second Restated LLC Agreement (as defined below).

Ener-Core Inc. – Restructuring Agreement (July 10th, 2013)

This Restructuring Agreement (this "Agreement") is entered into as of November 12, 2012, by and among Flex Power Generation, Inc., a Delaware corporation (the "Company"), RNS Flex, LLC, a Delaware limited liability company ("RNS"), SAIL Venture Partners II, L.P., a Delaware limited partnership ("SAIL" or "New Investor"), Louisiana Sustainability Fund, a Louisiana limited partnership ("LSF"), Jay W. Decker ("Decker"), Energy Special Situations Fund II, L.P., a Delaware limited partnership ("ESSF"), ESS Participation Fund II, L.P., a Delaware limited partnership ("EPF"), and Mark McComiskey. RNS, SAIL, LSF, Decker, ESSF, EPF and McComiskey are collectively referred to herein as the "Existing Investors." Capitalized terms used herein and not otherwise defined shall have the respective meaning ascribed thereto in Article I.

Urologix – Restructuring Agreement and Amendment to Transaction Documents (July 5th, 2013)

This RESTRUCTURING AGREEMENT AND AMENDMENT TO TRANSACTION DOCUMENTS (the Agreement) is entered into as of the 28th day of June, 2013, by and among Medtronic, Inc., a Minnesota corporation (Medtronic), Medtronic VidaMed, Inc., a Delaware corporation and wholly-owned subsidiary of Medtronic (VidaMed), and Urologix, Inc., a Minnesota corporation (Urologix). Medtronic, VidaMed and Urologix may each be referred to in this Agreement individually as a Party and collectively as the Parties.