Examples of Reorganized Invacare in a sentence
On or promptly following Reorganized Invacare Warrant Issuance, but in no event more than three (3) Business Days following the Reorganized Invacare Warrant Issuance, Reorganized Invacare shall cause its transfer agent to register the original issuance of the Reorganized Invacare Warrants on the warrant register for Reorganized Invacare.
The parties hereto shall take all such reasonable and lawful actions which may be necessary or appropriate in order to effectuate the Exchange or the issuance of the Intermediate Holdings Warrants or the Reorganized Invacare Warrants.
Parent, Intermediate Holdings and Reorganized Invacare, as applicable agree to amend the provisions of this Agreement, the Exchange Agreement or the documents contemplated thereby as may be reasonably requested by the Majority Holders in furtherance of any Exchange Reduction and to do and take any such action reasonably requested by the Majority holders in furtherance of such Exchange Reduction.
Without limiting the foregoing, any edits to the form of Intermediate Holdings Warrant or the form of Reorganized Invacare Warrant shall require the reasonable approval of Holders holding a majority of the Parent Series A Preferred Shares held by all Holders.
Parent, Intermediate Holdings and Reorganized Invacare each agree that they shall use reasonable best efforts to cooperate with the Holders, upon the reasonable request of the Holders, in seeking to obtain the consent or waiver of the CF Debt Creditors to the Transactions, including by delivery of any information reasonably requested by the CF Debt Creditors.
The representations and warranties of Parent, Intermediate Holdings and Reorganized Invacare set forth in the Master Equity Agreement are true and correct in all material respects on and as of such date, with the same effect as if made on and as of such date (other than those representations and warranties that by their terms expressly relate to an earlier date, in which case such representations and warranties were true and correct in all material respects as of such earlier date).
The stockholders of each of Parent, Intermediate Holdings and Reorganized Invacare whose consent is necessary to approve this Agreement, the Transactions, and the transactions contemplated hereby and thereby, have so consented to and approved this Agreement, the Transactions and the transactions contemplated hereby and thereby (the “Requisite Stockholder Consents”).
Notwithstanding the foregoing, the issuance of the Reorganized Invacare Warrants shall be deemed to have been issued to the relevant Holder and such Holder shall be deemed to be the holder of such Intermediate Warrant as of the close of business on the date of the filing of the documents set forth in Section 1.4(b)(v) of the Master Equity Agreement.
The parties hereto agree that irreparable damage would occur to the Holders in the event of a breach or threatened breach of any covenant, obligation or other provision of this Agreement or the Exchange Agreement by Parent, Intermediate Holdings or Reorganized Invacare, including the performance of the obligations set forth in Article 2 of this Agreement.
Subject to the terms of this Agreement, immediately following the filing of the documents set forth in Section 1.4(b)(v) of the Master Equity Agreement, Reorganized Invacare shall issue to each Holder the Reorganized Invacare Warrant across from such Holder’s name on Schedule I (the “Reorganized Invacare Warrant Issuance”).