Recapitalization Documents. The Recapitalization Documents listed on Schedule 3.23 attached hereto constitute all of the material agreements, instruments and undertakings to which any of the Loan Parties is bound or by which any such Person or any of its Property is bound or affected relating to, or arising out of, the Recapitalization Transactions (including, without limitation, any agreements, instruments or undertakings assumed pursuant to the Recapitalization Agreement). None of such Recapitalization Documents have been amended, supplemented or otherwise modified, and all such material agreements, instruments and undertakings are in full force and effect as of the date hereof. As of the date hereof, no party to any of such Recapitalization Documents is currently in default thereunder and no party thereto, or any other Person, has the right to terminate any such material agreements, instruments and undertakings.
Recapitalization Documents. Each of the Recapitalization Documents shall have been duly executed and delivered by the respective parties thereto, shall be in full force and effect and shall be in form and substance satisfactory to each of the Banks. Each Bank shall have received a fully executed copy of each such document.
Recapitalization Documents. There shall occur and be continuing any Event of Default under and as defined in any Recapitalization Document; or
Recapitalization Documents. The Administrative Agent shall have received (with copies for each Lender) a fully executed copy of the Recapitalization Agreement, and, to the extent required by Section 5.1.3, all other documents and instruments delivered in connection with the consummation of the Recapitalization Transactions that are required to be delivered pursuant to the terms of the Recapitalization Agreement. The Recapitalization Agreement shall be in full force and effect and shall not have been modified or waived in any material respect, nor shall there have been any forbearance to exercise any material rights with respect to any of the terms or provisions relating to the conditions to the consummation of the Transactions in the Recapitalization Agreement unless otherwise agreed to by the Required Lenders.
Recapitalization Documents. The Administrative Agent shall have received, with a copy for each Lender, a copy of the Recapitalization Agreement and any of the other related documentation reasonably requested by the Administrative Agent, certified by a Responsible Officer of the Borrower.
Recapitalization Documents. The Borrower shall have entered into each of the Recapitalization Documents to which it is a party on terms and conditions satisfactory to the Administrative Agent; there shall not have been any material modification, amendment, supplement or waiver to any Recapitalization Document without the prior written consent of the Administrative Agent, including any modification, amendment, supplement or waiver relating to the amount or type of consideration to be paid in connection with the transactions contemplated by any Recapitalization Document or the contents of any disclosure schedules and exhibits; and the Administrative Agent shall have received a final executed copy of each Recapitalization Document, together with all exhibits and schedules thereto, certified as such by an officer of the Borrower.
Recapitalization Documents. All other documents executed and delivered with respect to the Recapitalization.
Recapitalization Documents. Certified Copies of -------------------------- each Recapitalization Document in form and substance satisfactory to Joint Lead Arrangers.
Recapitalization Documents. A copy, certified as true and correct -------------------------- by the Secretary or an Assistant Secretary of the Company, of each of (a) the Recapitalization Documents (including all exhibits and schedules thereto) and (b) the Management Notes.
Recapitalization Documents. The Administrative Agent shall have reviewed and approved in its sole discretion all of the Recapitalization Documents (it being acknowledged the form of Purchase Agreement as executed (including all exhibits and schedules) has been approved by the Administrative Agent) and there shall not have been any material modification, amendment, supplement or waiver to the Recapitalization Documents without the prior written consent of the Administrative Agent, and the Recapitalization shall have been consummated in accordance with the terms of the Recapitalization Documents (without waiver of any conditions precedent to the obligations of any party thereto). The Administrative Agent shall have received a copy, certified by an officer of the Borrower as true and complete, of each Recapitalization Document as originally executed and delivered, together with all exhibits and schedules thereto.
