Examples of Alternative Restructuring Proposal in a sentence
For the avoidance of doubt, any and all Parties’ rights, claims, and defenses with respect to whether an Alternative Restructuring Proposal is a Consistent Alternative Proposal are reserved, including any right to challenge total enterprise value, and nothing herein shall be deemed as barring any party from bringing any action to determine whether or not any such Alternative Restructuring Proposal is a Consistent Alternative Proposal.
Notwithstanding the receipt of any Alternative Restructuring Proposal or request for information, each of the Company Parties acknowledges and agrees that it is, and will continue to be, bound by its obligations set forth in this Agreement, subject to its duties under applicable law and/or its governing documents as well as its rights under Section 9.01 of this Agreement.
If any Company Party receives a written or oral proposal or expression of interest regarding any Alternative Restructuring Proposal within two (2) Business Days, the Company Party shall notify (with email being sufficient) the Ad Hoc Group Advisors and Sponsors Advisors of any such proposal or expression of interest, with such notice to include a copy of such proposal, if it is in writing, or otherwise a summary of the material terms thereof.
As of the date hereof, neither the Company nor any of its controlled Affiliates nor, to the knowledge of the Company, any Representative of the Company has entered into any agreement or reached any understanding with regard to any Alternative Restructuring Proposal (as defined in the RSA) that has not been disclosed to the Backstop Parties.
Cf. Olga Tellegen-Couperus , A Short History of Roman Law (New York: Routledge, 1993), 132.