Transferee Joinder definition
Examples of Transferee Joinder in a sentence
Notwithstanding anything in this Agreement to the contrary and for the avoidance of doubt, if any Party executes and becomes bound by this Agreement solely as to a specific business unit or division, no affiliate of such Party or other business unit or division within any such Party shall be subject to this Agreement unless they separately execute this Agreement or a Transferee Joinder Agreement.
With respect to any Consenting Noteholder that becomes a party to this Agreement pursuant to Section 12 hereof, this Agreement shall become effective as to such Consenting Noteholder at the time it executes and delivers a Transferee Joinder in accordance with Section 12 hereof.
With respect to any Consenting Noteholder or any Consenting Term B-2 Lender that becomes a party to this Amended Agreement pursuant to Section 14 hereof, this Amended Agreement shall become effective as to such Consenting Noteholder or Consenting Term B-2 Lender, as applicable, at the time it executes and delivers a Transferee Joinder or Loan Transferee Joinder in accordance with Section 14 hereof.
With respect to any Person that becomes a party to this Agreement by executing and delivering a Transferee Joinder Agreement after the Agreement Effective Date, this Agreement shall become effective as to such Person at the time such Transferee Joinder Agreement is executed and delivered to counsel to Emergent and counsel to the Required Supporting Noteholders.
This Agreement may only be enforced against, and any claim or cause of action based upon, arising out of, or related to this Agreement or any of the Transactions may only be brought against the entities that are expressly named as parties hereto and their respective successors and assigns (including any Person that executes and delivers a Transferee Joinder).
In the event of any inconsistency between this Agreement (without reference to the Exhibits and Schedules) and the Exhibits and Schedules, the Exhibits and Schedules (other than the Transferee Joinder) shall govern and control.
Subject to the terms and conditions of any order of the Bankruptcy Court, each Consenting Lender agrees to provide FairPoint and the Administrative Agent with a copy of any Transferee Joinder executed by such Party.
Subject to the terms and conditions of any order of the Bankruptcy Court limiting a Transfer, the transferring Supporting Lender shall provide the Company and its counsel and the Prepetition Agent with a copy of any Transferee Joinder executed by such Transferee within one (1) Business Day following such execution.
For the avoidance of doubt, if a Qualified Marketmaker purchases a claim against a Debtor from a Participating Creditor for its own account or otherwise has a beneficial ownership interest in a claim being acquired from a Participating Creditor, it shall be required to execute and deliver a Transferee Joinder to the Debtors.
With respect to any Consenting Creditor that becomes a Party by executing and delivering a Transferee Joinder Agreement (as defined below) after the Agreement Effective Date, this Agreement shall become effective and binding upon such Consenting Creditor at the time such Transferee Joinder Agreement is executed and delivered to counsel to the A.M. Castle Parties and the Consenting Creditors.