Arm’s Length. The Company acknowledges and agrees that (a) each of the Commitment Parties is acting solely in the capacity of an arm’s length contractual counterparty to the Company with respect to the transactions contemplated hereby (including in connection with determining the terms of the Rights Offering) and not as a financial advisor or a fiduciary to, or an agent of, the Company or any of its Subsidiaries, and (b) no Commitment Party is advising the Company or any of its Subsidiaries as to any legal, tax, investment, accounting or regulatory matters in any jurisdiction.
Appears in 4 contracts
Samples: Backstop Commitment Agreement (Parker Drilling Co /De/), Backstop Commitment Agreement (Parker Drilling Co /De/), Restructuring Support Agreement (Parker Drilling Co /De/)
Arm’s Length. The Company acknowledges and agrees that (a) each of the Commitment Parties is acting solely in the capacity of an arm’s arm’s-length contractual counterparty to the Company with respect to the transactions contemplated hereby (including in connection with determining the terms of the Rights OfferingTransactions) and not as a financial advisor or a fiduciary to, or an agent of, the Company or any of its Subsidiaries, Subsidiaries and (b) no Commitment Party is advising the Company or any of its Subsidiaries as to any legal, tax, investment, accounting or regulatory matters in any jurisdiction.
Appears in 4 contracts
Samples: Backstop Commitment and Equity Investment Agreement (Vanguard Natural Resources, Inc.), Backstop Commitment and Equity Investment Agreement (Vanguard Natural Resources, Inc.), Backstop Commitment and Equity Investment Agreement (Vanguard Natural Resources, LLC)
Arm’s Length. The Company acknowledges and agrees that (a) each of the Commitment Parties is acting solely in the capacity of an arm’s arm’s-length contractual counterparty to the Company with respect to the transactions contemplated hereby (including in connection with determining the terms of the Rights Offering) and not as a financial advisor or a fiduciary to, or an agent of, the Company or any of its Subsidiaries, Subsidiaries and (b) no Commitment Party is advising the Company or any of its Subsidiaries as to any legal, tax, investment, accounting or regulatory matters in any jurisdiction.
Appears in 3 contracts
Samples: Backstop Commitment Agreement (Bonanza Creek Energy, Inc.), Backstop Commitment Agreement (Penn Virginia Corp), Backstop Commitment Agreement
Arm’s Length. The Company acknowledges and agrees that (a) each of the Commitment Parties is acting solely in the capacity of an arm’s arm’s-length contractual counterparty to the Company with respect to the transactions contemplated hereby (including in connection with determining the terms of the Rights Offering) and not as a financial advisor or a fiduciary to, or an agent of, the Company or any of its Subsidiaries, subsidiaries and (b) no Commitment Party is advising the Company or any of its Subsidiaries subsidiaries as to any legal, tax, investment, accounting or regulatory matters in any jurisdiction.
Appears in 1 contract
Samples: Backstop Commitment Agreement (Hornbeck Offshore Services Inc /La)
Arm’s Length. The Company acknowledges and agrees that that
(a) each of the Commitment Parties is acting solely in the capacity of an arm’s length contractual counterparty to the Company with respect to the transactions contemplated hereby (including in connection with determining the terms of the Rights Offering) and not as a financial advisor or a fiduciary to, or an agent of, the Company or any of its Subsidiaries, Subsidiaries and (b) no Commitment Party is advising the Company or any of its Subsidiaries as to any legal, tax, investment, accounting or regulatory matters in any jurisdiction.
Appears in 1 contract
Samples: Equity Commitment Agreement
