Additional Claims or Interests. If any Consenting Holder acquires additional claims against or interests in the Issuer, including any Senior Secured Notes or Convertible Notes, then each such Consenting Holder will promptly notify Ropes, Xxxxxxxxx and Xxxx Xxxxxxxx, and each such Consenting Holder agrees that the acquired claims or interests will be subject to this Agreement and subject to treatment materially consistent with the Transaction Term Sheet and otherwise reasonably acceptable to the Parties.
Additional Claims or Interests. To the extent any Consenting Lender (i) acquires additional Claims, (ii) holds or acquires any other claims against the Company entitled to vote on the Acceptable Plan, (iii) holds or acquires any Interests in the Company entitled to vote on the Acceptable Plan or (iv) Transfers any Claims, then, in each case, each such Consenting Lender shall promptly (in no event less than three (3) Business Days following such acquisition or transaction) notify S&C and Lender Counsel in writing and each such Consenting Lender agrees with respect to (i) through (iii) above that such additional Claims or other claims or Interests shall be subject to this Agreement, and that, for the duration of the Support Period, it shall vote (or cause to be voted) any such additional Claims or other claims or Interests entitled to vote on the Acceptable Plan in a manner consistent with Section 2(a) hereof (and in the event the Solicitation has already commenced, no later than two (2) Business Days following the acquisition of such Claim, claims or Interests).
Additional Claims or Interests. This Agreement shall in no way be construed to preclude any Consenting Lender or Consenting Noteholder from acquiring additional First Lien Term Loan Claims or Second Lien Notes Claims or any other Claims against or Interests in the Debtors; provided that, upon any such acquisition of additional Claims or Interests, such Consenting Lender or Consenting Noteholder shall promptly notify (in no event later than five
Additional Claims or Interests. To the extent any Consenting Creditor (i) acquires additional Secured Loans or Senior Notes, (ii) holds or acquires any other Claims against the Company entitled to vote on the Acceptable Plan, or (iii) holds or acquires any Interests in the Company entitled to vote on the Acceptable Plan, then, in each case, each such Consenting Creditor shall promptly (but in no event later than two (2) Business Days following such acquisition or transaction) notify Weil and Xxxxxx of such transaction in writing, and each such Consenting Creditor agrees with respect to (i) through (iii) above that such additional Claims or Interests shall be subject to this Agreement, and that, for the duration of the Support Period, it shall vote any such additional Claims or Interests entitled to vote on the Acceptable Plan in a manner consistent with Section 3(a) hereof and the Solicitation Materials.
Additional Claims or Interests. If any Consenting Lender acquires additional BrandCo Loans or 5.75% Senior Notes, then such acquired BrandCo Loans and 5.75% Senior Notes will be subject to this Agreement (other than with respect to any BrandCo Loans or 5.75% Senior Notes acquired by such Consenting Lender in its capacity as Qualified
Additional Claims or Interests. If any Party acquires additional claims against or interests in the Company, including any Term Loans, IPCo Notes, Series A Preferred Stock, Series B Preferred Stock, or Common Stock, from any Person that is not a Consenting Support Party or a Sponsor, then such Party will notify Weil and Milbank within five business days of such acquisition. For the avoidance of doubt, each Party agrees that any additional claims or interests in the Company, including any Term Loans, IPCo Notes, Series A Preferred Stock, Series B Preferred Stock, or Common Stock, acquired by such Party from a Consenting Support Party, a Sponsor, or any other Person will be subject to this Agreement (other than with respect to any Term Loans, IPCo Notes, Series A Preferred Stock, Series B Preferred Stock, Common Stock, or Claims and Interests acquired by such Party in its capacity as Qualified Marketmaker).
Additional Claims or Interests. This Agreement shall in no way be construed to preclude any Consenting Lender or Consenting Noteholder from acquiring additional First Lien Term Loan Claims or Second Lien Notes Claims or any other Claims against or Interests in the Debtors; provided that, upon any such acquisition of additional Claims or Interests, such Consenting Lender or Consenting Noteholder shall promptly notify (in no event later than five (5) Business Days thereafter) counsel to the Administrative Agent, the Consenting Noteholders and the Company, and each Consenting Lender or Consenting Noteholder agrees (i) that such Claims and Interests (including any First Lien Term Loan Claims and Second Lien Note Claims as applicable) shall be subject to this Agreement and (ii) to vote such Claims and Interests (if applicable) in a manner consistent with Sections 3(a)(3) and 3(b)(3) hereof as applicable.
Additional Claims or Interests. To the extent any Consenting Lender (i) acquires additional Indebtedness, Bridge Facility Indebtedness or other Claims, (ii) holds or acquires any other claims against the Company entitled to vote on the Plan (in the event the Plan Transactions are pursued), (iii) holds or acquires any Interests in the Company or (iv) Transfers any Claims, then, in each case, each such Consenting Lender shall promptly (in no event less than three (3) business days following such acquisition or transaction) notify Company Counsel and Agent Counsel of such transaction (including the aggregate principal amount of additional Claims acquired) in writing and each such Consenting Lender agrees with respect to (i) through (iii) above that such additional Indebtedness, Bridge Facility Indebtedness, Claims or other claims or Interests shall be subject to this Agreement (automatically and immediately upon acquisition by a Consenting Lender, regardless of when or whether notice of such acquisition is given to the Company), and that, for the duration of the Support Period, should the Company pursue the Chapter 11 Cases, such Consenting Lender shall vote (or cause to be voted) any such additional Claims or other claims or Interests entitled to vote on the Plan in a manner consistent with Section 3(a) hereof (and in the event the Solicitation has already commenced, no later than two (2) business days following the acquisition of such Claim, claims or Interests).
Additional Claims or Interests. This Agreement shall in no way be construed to preclude Lender or Preferred Member from acquiring additional Claims or Interests; provided that Lender and Preferred Member hereby acknowledge and agree that such additional Claims or Interests shall automatically and immediately upon acquisition by such Lender or Preferred Member be subject to the terms of this Agreement.
Additional Claims or Interests. This Agreement shall in no way be construed to preclude the Consenting Creditors from acquiring additional Claims or Interests; provided, that to the extent any Consenting Creditor (a) acquires additional Claims or Interests, (b) holds or acquires any other Claims against the Company entitled to vote on the Plan, or (c) holds or acquires any Interests entitled to vote on the Plan, then, in each case, each such Consenting Creditor shall promptly notify counsel for the Company Parties and counsel to each of the other Consenting Creditors, and each such Consenting Creditor agrees that all such Claims and Interests shall be subject to this Agreement, and agrees that, for the duration of the Support Period and subject to the terms of this Agreement, it shall vote in favor of the Plan (or cause to be voted) any such additional Claims and/or Interests entitled to vote on the Plan (to the extent still held by it on or on its behalf at the time of such vote), in a manner consistent with Section 5.01 hereof. For the avoidance of any doubt, any obligation to vote for the Plan or any other plan of reorganization shall be subject to sections 1125 and 1126 of the Bankruptcy Code.
