Examples of Backstop Purchasers in a sentence
The Company acknowledges and agrees that the Backstop Purchasers are acting solely in the capacity of arm’s length contractual counterparties to the Company with respect to the Transactions (including in connection with determining the terms of the offering) and not as financial advisors or fiduciaries to, or agents of, the Company or any other person.
If the purchase of Common Shares and Preferred Shares by the Backstop Purchasers pursuant to this Agreement is subject to pre-acquisition notification under the merger control laws of Brazil, such notification will be submitted within the deadline as required by the laws of Brazil, so as not to materially delay the consummation of the Transactions.
Additionally, the Backstop Purchasers are not advising the Company or any other person as to any legal, tax, investment, accounting or regulatory matters in any jurisdiction.
To the extent that the Non-Defaulting Backstop Purchasers (in the aggregate) desire to purchase more than the total number of Default Shares, such Default Shares shall be allocated between the Non-Defaulting Backstop Purchasers pro rata, based on their respective Commitment Percentages.
Any review by the Backstop Purchasers of the Company, the Transactions or other matters relating to the Transactions will be performed solely for the benefit of the Backstop Purchasers and shall not be on behalf of the Company.
Nothing contained in this Agreement shall give to the Backstop Purchasers, directly or indirectly, rights to control or direct the operations of the Company prior to the Effective Date.
The Backstop Purchasers shall not have any material obligation to make payments or any concessions to any third party in connection with obtaining any consents or approvals.
All or a portion of the Rights Offering may backstopped by the Backstop Purchasers on the terms and subject to the conditions set forth in the Backstop Agreement, if any.
The Company shall consult with its own advisors concerning such matters and shall be responsible for making its own independent investigation and appraisal of the Transactions, and the Backstop Purchasers shall have no responsibility or liability to the Company with respect thereto.
The Plan, as approved, and the Confirmation Order, as entered, in each case by the Bankruptcy Court shall be consistent with the requirements for the Plan and the Confirmation Order set forth in Section 5(b) of this Agreement, and the conditions to confirmation and the conditions to the effective date of the Plan shall have been satisfied or waived, with the Consent of the Backstop Purchasers in accordance with the Plan.