New Investment. New Investment On the Effective Date, there shall be an investment made in the Reorganized Company as described in the Investment Agreement. Process The order approving the Global Settlement shall contain provisions for a process (the “Process”) acceptable to the Debtors, the Unions, Centerbridge and the Creditors’ Committee under which persons or entities who have submitted a bona fide expression of interest for an Alternative Investment, Alternative Majority Investment, Alternative Transaction or Alternative Stand-Alone Plan (each as defined in the Investment Agreement and each, an “Alternative Proposal”): (i) would be granted access to Company information after signing a confidentiality agreement having terms no less favorable to the Company or more favorable to the recipient thereunder than the respective terms of the confidentiality agreement executed by Appaloosa Management L.P. (an “Acceptable Confidentiality Agreement”); and (ii) would be authorized to submit simultaneously to the Debtors and the Creditors’ Committee a definitive Alternative Proposal on or before , 2007. The Debtors will keep the Creditors’ Committee and the Ad Hoc Steering Committee informed of all Alternative Proposals and, if the Company chooses to proceed with an Alternative Proposal, the Debtors agree that they will amend any plan of reorganization that may then be filed with the Bankruptcy Court to incorporate such Alternative Proposal; and the Unions, Centerbridge and the Ad Hoc Bondholders’ Committee agree (and the Creditors’ Committee will agree on the record at the July 26, 2007 hearing) that they will not (i) construe any such amendment as a “new” plan such that the Debtors would lose their exclusive rights to file or solicit acceptances to such plan, as amended, or (ii) take any other action or make any other suggestion in any forum to limit or terminate such exclusive rights of the Debtors. In all events, each Union shall retain its rights under Appendix R to its respective Settlement Agreement, as modified to: (i) provide that the counsel for the Creditors’ Committee will be co-counsel with the Debtors in any mediation/arbitration proceeding under Appendix R to the Union Settlement Agreements; (ii) establish an objective standard by which the mediator/arbitrator is to determine whether the Unions acted reasonably in withholding their consent to an alternative transaction; (iii) identify an arbitrator that is acceptable to the Debtors, the Unions and the Creditors’ Com...
New Investment. The closing of the New Investment shall have occurred, or shall occur substantially simultaneously with the execution and delivery hereof.
New Investment. New Investment in the Radio System shall equal the cost of upgrades and enhancements to the current Radio System paid by Durham and Durham County as set forth in section 8.1.
New Investment. The Company shall fail to receive the net proceeds from the Initial DLJMB Contribution in an aggregate amount of at least $9,100,000 by January 15, 2001.
New Investment. 5.1 In the Event of Default, as set forth in the immediate preceding section, the Secured Creditors shall have the right but not the obligation to contribute and participate to an amount equal to 50% of any FGSA on the same terms and conditions as other participants in the FGSA.
New Investment. New Investment On the Effective Date, there shall be an investment made in the Reorganized Company as described in the New Investment Term Sheet.
New Investment. The Parties acknowledge and agree that, upon execution of this Agreement, the Investor expects to acquire certain common shares of the Company pursuant to a new offering being undertaken by the Company, for an investment equal to the Investment Amount (the “New Investment”). Therefore the Company shall retain the Investment Amount following the execution of this Agreement and shall apply the Investment Amount as payment by the Investor for the common shares in the New Investment, which shall be completed pursuant to separate agreements between the Company and the Investor.
New Investment. 3.1 Moreover, the Company grants the Investor with an option to subscribe to an additional 11% (eleven percent, the “Option”), on a fully diluted basis, of the Company’s corporate capital.
New Investment. From time to time, at the option of the General Partner, each Partner (including persons who are concurrently admitted as additional Limited Partners as provided in paragraph 9) may be permitted to make a new investment ("New Investment") by contributing cash or property to the Capital and to acquire the number of additional Units determined by dividing the amount of the contribution by the New Investment Unit Value. The New Investment Unit Value is equal to the sum total of the Capital, the Gains and Earnings Account, the Amortization Account, and the value of the Intangible Appreciation of the Partnership, all as constituted on the effective date of the New Investment and immediately after giving effect to any concurrent distributions and Reinvestment of distributions, divided by the number of Units then outstanding. The value of the Intangible Appreciation of the Partnership will be determined by the General Partner in its sole discretion, whose determination shall be final and binding on the Partners; and will include: increased, but unrealized, market value of properties; the value of project planning and work in progress; the value of the Partnership as a going business; and all other factors of an intangible nature which nevertheless have value.
New Investment. Company and the Investors shall have executed and delivered definitive documentation with respect to the New Investment which documentation shall be reasonably satisfactory to the Administrative Agent and the Requisite Lenders.
