Common use of Restructuring Support Agreement Clause in Contracts

Restructuring Support Agreement. The Support Agreement shall not have terminated and no material default thereunder by the Investor shall have occurred and be continuing, unless waived in writing by the Company or cured within the time period specified in, and otherwise in accordance with, the Support Agreement. Notwithstanding anything herein to the contrary, in the event that the Transaction (including, for the avoidance of doubt, the Merger, Exchange Offer and the Rights Offering) is consummated and, in connection therewith, the Investor performed in all material respects its obligations hereunder and under the Support Agreement required to be performed by it at or prior to the Closing Date, all of the foregoing closing conditions in this Section 7.01, to the extent not satisfied as of the Closing Date, shall be deemed waived by the Company and Issuer.

Restructuring Support Agreement. The Support Agreement shall not have terminated and no material default thereunder by the Investor shall have occurred and be continuing, unless waived in writing by the Company or cured within the time period specified in, and otherwise in accordance with, the Support Agreement. Notwithstanding anything herein to the contrary, in the event that the Transaction Restructuring (including, for the avoidance of doubt, the Merger, Exchange Offer and the Rights OfferingOffers) is consummated and, in connection therewith, the Investor performed in all material respects its obligations hereunder and under the Support Agreement required to be performed by it at or prior to the Closing Date or such Subsequent Funding Date, all of the foregoing closing conditions in this Section 7.01, to the extent not satisfied as of the Closing Date or such Subsequent Funding Date, shall be deemed waived by the Company and Issuer.