Requisite Supporting Noteholders definition
Examples of Requisite Supporting Noteholders in a sentence
In determining whether any consent or approval has been given or obtained by the Requisite Supporting Noteholders, any then-existing Supporting Noteholder that is in material breach of its covenants, obligations, or representations under this Agreement shall be excluded from such determination.
Following execution of this Agreement, upon receipt by the Supporting Noteholders of any additional information provided by the Company, unless such information is otherwise publicly disseminated by means acceptable to the Requisite Supporting Noteholders, the Company shall promptly file, and in no event later than the Closing Date, in a Form 8-K in accordance with applicable SEC regulations all such information necessary to permit the Supporting Noteholders to trade in the Company’s securities.
This Agreement may be terminated by mutual written agreement among the Company and the Requisite Supporting Noteholders.
Except as provided in Section 5(a), this Agreement may not be modified, amended, or supplemented except in a writing signed by the Company and the Requisite Supporting Noteholders; provided, however, if any such amendment, modification, waiver, or supplement would impose any cost or liability upon any Supporting Noteholder, such amendment, modification, waiver, or supplement shall require the written consent of such affected Supporting Noteholder.
The Company shall provide the Requisite Supporting Noteholders with a copy of the preliminary proxy statement and all modifications thereto prior to filing or delivery to the SEC and shall consult with the Requisite Supporting Noteholders in connection therewith.
The Exchange Offer shall remain open for twenty (20) Business Days (as such term is defined in the Exchange Act) , subject to extension with the prior written consent of the Requisite Supporting Noteholders or as otherwise required by Applicable Law, provided, however, that ION shall have the unilateral right to extend the Exchange Offer one time for up to ten (10) Business Days.
This Agreement shall become effective and binding upon each Party upon the delivery of duly authorized and executed signature pages hereto by (a) Nuverra; (b) the Subsidiary Guarantors; (c) ▇▇▇▇▇▇▇▇; and (d) the Requisite Supporting Noteholders (the “Restructuring Support Effective Date”).
A waiver by the Supporting Noteholders will require the written agreement (which may include e-mail) of the Requisite Supporting Noteholders in order to be effective.
The Obligors covenant and agrees that the tax structure of the Exchange Transactions, including the utilization or preservation of any tax attributes or benefits (by election or otherwise) and the treatment of the Exchange Transactions to the Parties, shall be mutually agreed by the Requisite Supporting Noteholders and the Obligors, each acting reasonably and in good faith.
Except as otherwise specifically provided herein, this Agreement and the Second Amended Plan may not be modified, waived, or amended unless such modification, waiver, or amendment is in writing and has been signed by the Company, the Committee, the Oaktree Supporting Lenders and the Requisite Supporting Noteholders.