Examples of Definitive Restructuring Documents in a sentence
You also agree and understand that your failure to satisfy all of the requirements of T.C.A. 40-39-202(17) will be deemed to be a material breach of this contract which could subject you to breach of contract damages.
The Bristow Parties shall seek confirmation of a Qualified Plan that implements the terms of this Term Sheet, the TSA Court Order and otherwise reinstates and leaves unimpaired the Restructured Loan Documents and provides that the Definitive Restructuring Documents shall vest with the Reorganized Debtors and such Qualified Plan shall otherwise be reasonably acceptable to the Macquarie Parties.
Based on the foregoing, the Debtors respectfully request that the Court approve the Macquarie Term Sheet and the entry into the Definitive Restructuring Documents, as such actions are a reasonable exercise of the Debtors’ business judgment, are supported by valid business justifications, and benefit all stakeholders in the Debtors’ reorganization process.
Except as expressly provided in this Agreement, nothing herein is intended to, does or shall be deemed in any manner to waive, limit, impair, or restrict the ability of each of the Parties to protect and preserve its rights, remedies, and interests, including its Debtor Claims/Interests and its full participation in the Chapter 11 Cases so long as, in each case, such actions are not inconsistent with the Party’s obligations under this Agreement, the Plan, the other Definitive Restructuring Documents.
The Definitive Restructuring Documents not executed or in a form attached to this Agreement or the Restructuring Term Sheet as of the Execution Date remain subject to negotiation and completion.
It is a condition of the effectiveness of this Term Sheet and the Definitive Restructuring Documents that (i) such motion and such form of order be mutually acceptable to both the Bristow Parties and the Macquarie Parties and be filed with the Bankruptcy Court on or before September 30, 2019, (ii) such TSA Court Order must be entered no later than October 21, 2019 and (iii) Definitive Restructuring Documents shall be executed and effective by no later than November 1, 2019.
This Term Sheet does not include a description of all of the terms, conditions, and other provisions that are to be contained in the Definitive Restructuring Documents, which remain subject to discussion and negotiation in accordance with the Restructuring Support Agreement.
This Agreement shall not constitute nor give rise to any obligation on the part of any Consenting Lender to provide any financing under the Definitive Restructuring Documents or otherwise.
Subject to (1) the Definitive Restructuring Documents having been executed by the date referenced in the prior sentence and (2) the conditions set forth in Section4.1 having been satisfied, upon the entry of the TSA Court Order, the terms and conditions of this Term Sheet, the Restructured Lease Documents and the Restructured Loan Documents shall be immediately effective and shall be deemed to be a binding contract between the Bristow Parties and the Macquarie Parties.
The Definitive Restructuring Documents (including the New Term Loan Documents), the New Organizational Documents, the Backstop Agreement, the New ABL Commitment Letter and New ABL Credit Facility Documents, the Rights Offering Documents, and all other relevant and necessary documents have been negotiated in good faith and at arm’s length and shall, upon completion of documentation and execution, be valid, binding, and enforceable agreements that are not in conflict with any federal or state law.