Examples of Defaulting Commitment Party in a sentence
The Commitment Premium shall be payable, in accordance with Section 3.2, to the Commitment Parties (including any Replacement Commitment Party, but excluding any Defaulting Commitment Party) or their designees, provided such designees are U.S. Citizens in the case of any payment in the form of Common Shares, in proportion to their respective Backstop Commitment Percentages at the time the payment of the Commitment Premium is made.
In addition, each Commitment Party or Backstop Party, as applicable, that is not a Defaulting Commitment Party (each, a “ Non- Defaulting Commitment Party”) shall have the right, but not the obligation, to assume its Adjus xxx Commitment Percentage (or such other proportion as agreed by the Non-Defaulting Commitment Parties) of such Defaulting Commitment Party’s Direct Subscription Commitment Percentage or Backstop Commitment Percentage, as applicable.
Any Defaulting Commitment Party shall be liable to each non-Defaulting Commitment Party, the Company and the Reorganized Debtors as a result of any breach of its obligations hereunder.
The Administrative Agent shall have no obligation to accept, handle or process funds (whether in accordance with Section 2.05, Section 2.19(a)(ii) or otherwise) for, or on behalf of, any Lender or Inactive Commitment Party that is a Defaulting Lender or Defaulting Commitment Party, as applicable, as a result of a failure to comply with its obligations under Section 8.13.