Examples of Noteholder Support Agreement in a sentence
If the Continuance Resolution is not approved at the First Shareholders’ Meeting, Ainsworth will not submit the Shareholders’ Arrangement Resolution, the By-Law Resolution or the Noteholders’ Arrangement Resolution to votes of Shareholders and Noteholders, respectively, and will, in accordance with the Noteholder Support Agreement, commence a proceeding under the CCAA and proceedings under the United States Bankruptcy Code in order to implement the Recapitalization.
Further, the Board took note of the fact that Noteholders holding approximately 80% of the Total Existing Note Value have executed the Noteholder Support Agreement and Shareholders representing approximately 58% of the issued and outstanding Existing Common Shares have executed Shareholder Support Agreements.
The reasonable and documented outstanding fees and expenses of the Initial Consenting Noteholder Advisors shall be paid in full in cash by the Applicants pursuant to the Noteholder Support Agreement.
Any amendments, modifications and/or supplements to the Arrangement or Plan of Arrangement may be made following the Meetings, but shall be subject to the terms of the Noteholder Support Agreement and the Plan of Arrangement and, if appropriate, further direction by this Court at the hearing for the final order approving the Arrangement (the " Final Order").
All conditions to implementation of this Plan set out in the Noteholder Support Agreement shall have been satisfied or waived in accordance with the terms of the Noteholder Support Agreement.
The Company and the Undersigned waive any rights it has to terminate the Commitment Letter or the applicable Noteholder Support Agreement due to the changes to the Recapitalization Transaction reflected herein, including as set forth in the attached Amended Term Sheet or Amended CBCA Plan.
The Applicants and the Undersigned consent for all purposes to the amendments, supplements and changes to the Recapitalization Transaction reflected herein and in the Amended Term Sheet, and agree that the Amended Term Sheet shall be deemed to be the Recapitalization Term Sheet (as defined in the Commitment Letter) and the Term Sheet (as defined in the applicable Noteholder Support Agreement) for the purposes of the Commitment Letter and/or the Noteholders Support Agreement, as applicable.
These data sources were merged together to give the main database for statistical analysis for the seismicity parameters and related topics.
Subject to the terms of the Noteholder Support Agreement, the Applicants may waive or extend the time limits set out herein or in the Information Circular for the deposit or revocation of proxies and/or delivery of completed Participation Forms, as applicable, if the Applicants, in consultation with the Initial Consenting Noteholders, deem it advisable to do so.
Except as amended pursuant to the terms of this Agreement, the Applicants and the Undersigned agree that all of the terms and conditions of the Noteholder Support Agreement and the Commitment Letter (as each may be amended, restated or supplemented from time to time) shall remain unchanged and in full force and effect.