Agreement from Secured Lenders. Xxxxxxxx Lokey’s obligations to provide the services described herein are contingent upon, and expressly subject to, the execution of a waiver, subordination or similar agreement, in form and substance satisfactory to Xxxxxxxx Xxxxx, pursuant to which the Company’s senior secured lenders consent to the performance of the Company’s obligations under this Agreement, including, without limitation, the Company’s payment of Xxxxxxxx Lokey’s fees and expenses described in Sections 3 and 11 hereof, free and clear of such lenders’ security interests in the Company’s assets.
Agreement from Secured Lenders. Xxxxxxxx Lokey’s obligations to provide the services described herein are contingent upon, and expressly subject to, the execution of a waiver, subordination or Mountain Creek Resort, Inc. As of March 30, 2017 similar agreement, in form and substance satisfactory to Xxxxxxxx Xxxxx, pursuant to which the Company’s senior secured lenders consent to the performance of the Company’s obligations under this Agreement, including, without limitation, the Company’s payment of Xxxxxxxx Lokey’s fees and expenses described in Section 3 hereof and the Standard Terms, free and clear of such lenders’ security interests in the Company’s assets. If the foregoing correctly sets forth our agreement, please sign and return to us a copy of this Agreement along with a check (or wire transfer confirmation) for $100,000 on account of the Initial Fee. All of us at Xxxxxxxx Xxxxx thank you for choosing us to advise the Company, and look forward to working with you on this engagement. Very truly yours, XXXXXXXX XXXXX CAPITAL, INC. By: Xxxxxxx Xxxxxx Managing Director Accepted and agreed to as of the Effective Date: Mountain Creek Resort, Inc., on its own behalf, and on behalf of its direct and indirect subsidiaries By: Xxxx Xxxxxxx CEO The Standard Terms set forth below form a part of the engagement letter agreement dated March 30, 2017 by and between Mountain Creek Resort, Inc. (collectively with its direct and indirect subsidiaries, the “Company”) and Xxxxxxxx Xxxxx Capital, Inc.
Agreement from Secured Lenders. Xxxxx’x obligations to provide the services described herein are contingent upon, and expressly subject to, the Company’s senior secured lenders consenting to the performance of the Company’s obligations under this Agreement, including, without limitation, the Company’s payment of Xxxxx’x fees and expenses described in Sections 3 and 10 hereof, free and clear of such lenders’ security interests in the Company’s assets, by (a) executing a waiver, subordination or similar agreement to that effect, in form and substance satisfactory to Xxxxx, or (b) consenting to entry of an order approving Xxxxx’x Retention Application (as defined below) in any chapter 11 case commenced by the Company.
Agreement from Secured Lenders. Xxxxxxxx Lokey’s obligations to provide the services described herein are contingent upon, and expressly subject to, the execution of a waiver, subordination or similar agreement, in form and substance satisfactory to Xxxxxxxx Xxxxx, pursuant to which the Company’s senior secured lenders (i) consent to the performance of the Company’s obligations under this Agreement, including, without limitation, the Company’s payment of Xxxxxxxx Lokey’s fees and expenses described in Section 3 hereof (but, for the avoidance of doubt, not including any expenses due Xxxxxxxx Xxxxx for the Company’s indemnity or reimbursement obligations pursuant to Section 20 hereof), free and clear of such lenders’ security interests in the Company’s assets, and (ii) consent to the obligation to pay Xxxxxxxx Xxxxx a Transaction Fee and any applicable Incentive Fee on account of a transaction after a Successful Credit Bid during the Tail Period.
