Certain Additional Chapter 11 Related Matters. The Company shall provide draft copies of all motions, applications and other documents that relate in any material respect to implementation of the Transaction (including all “first day” and “second day” motions and orders, the Plan, the Disclosure Statement, ballots and other Solicitation Materials in respect of the Plan, any proposed amended version of the Plan and/or the Disclosure Statement, the Confirmation Order and any other Definitive Documentation) it intends to file with the Bankruptcy Court to counsel for the Plan Investor and each Consenting Class, at least three (3) business days prior to the date when the Company intends to file any such pleading or other document with the Bankruptcy Court (provided that if delivery of such motions, orders or materials (other than the Plan, the Disclosure Statement or Confirmation Order) at least three (3) business days in advance is not reasonably practicable, such motion, application or other document shall be delivered as far in advance of such date of filing as is reasonably practicable) and, in each case shall, prior to the filing thereof, consult in good faith with such counsel regarding the form and substance of any such proposed filing.
Certain Additional Chapter 11 Related Matters. Each Paragon Party, as the case may be, shall provide draft copies of all material motions or applications and other documents (including all “first day” and “second day” motions and orders, the Paragon Plan, the Disclosure Statement, ballots and other solicitation materials in respect of the Plan and any proposed amended version of the Paragon Plan or the Disclosure Statement, and a proposed confirmation order) any Paragon Party intends to file with the Bankruptcy Court to the Consenting Creditors’ Counsel, at least three (3) business days prior to the date when the applicable Paragon Party intends to file any such pleading or other document (provided that if delivery of such motions, orders or materials (other than the Paragon Plan, the Disclosure Statement, a confirmation order or proposed Adequate Protection Order) at least three (3) business days in advance is not reasonably practicable, such motion, order or material shall be delivered as soon as reasonably practicable prior to filing) and shall consult in good faith with such counsel regarding the form and substance of any such proposed filing with the Bankruptcy Court. Subject to Section 4(a), nothing in this Agreement shall restrict, limit, prohibit or preclude, in any manner not inconsistent with its obligations under this Agreement, any of the Consenting Creditors from appearing in the Bankruptcy Court with respect to any motion, application, or other documents filed by the Paragon Parties and objecting to, or commenting upon, the relief requested therein.
Certain Additional Chapter 11 Related Matters. The Company shall (a) use commercially reasonable efforts to provide draft copies of all motions or applications, any Plan, any Disclosure Statement, all Solicitation Materials, definitive documentation implementing the Restructuring, and other pleadings (including documents, applications, schedules, statements, requests for relief, objections, or other filings) the Company intends to file with the Bankruptcy Court to the counsel to the Consenting Noteholders at least three days prior to the date when the Company intends to file such document with the Bankruptcy Court and (b) consult in good faith with counsel to the Consenting Noteholders regarding the form and substance of any such proposed filing with the Bankruptcy Court.
Certain Additional Chapter 11 Related Matters. If the Company and the Required Consenting Noteholders agree to effectuate the Restructuring through the Chapter 11 Case, the Company shall use its best reasonable efforts to provide draft copies of all “first day” motions or applications and other documents the Company intends to file with the Bankruptcy Court to counsel for the Informal Noteholders Committee at least three business days prior to the date when the Company intends to file such document and shall consult in good faith with such counsel regarding the form and substance of any such proposed filing with the Bankruptcy Court. The Company will use its reasonable best efforts to provide draft copies of all other pleadings the Company intends to file with the Bankruptcy Court to counsel to the Informal Noteholders Committee at least three business days prior to filing such pleading and shall consult in good faith with such counsel regarding the form and substance of any such proposed pleading; provided, however, the Company will not be in breach of this provision by failing to provide to the Informal Noteholders Committee drafts of motions or pleadings that seek emergency or expedited relief.
Certain Additional Chapter 11 Related Matters. Each Fairway Party, as the case may be, shall provide draft copies of all material motions or applications and other documents relating to the Fairway Plan, Fairway Disclosure Statement, any proposed amended version of the Fairway Plan or Fairway Disclosure Statement, and all first day pleadings that any Fairway Party intends to file with the Bankruptcy Court to the Consenting Lenders’ Counsel, if reasonably practicable, at least two (2) days prior to the date when the applicable Fairway Party intends to file any such pleading or other document (and, if not reasonably practicable, as soon as reasonably practicable prior to filing) and shall consult in good faith with such counsel regarding the form and substance of any such proposed filing. Subject to Section 4(a), nothing in this Agreement shall restrict, limit, prohibit or preclude, in any manner not inconsistent with its obligations under this Agreement, any of the Consenting Lenders from appearing in the Bankruptcy Court with respect to any motion, application, or other documents filed by the Fairway Parties and objecting to, or commenting upon, the relief requested therein.
Certain Additional Chapter 11 Related Matters. General Moly shall provide draft copies of all material motions or applications and other documents relating to the Plan, Disclosure Statement, any proposed amended version of the Plan or Disclosure Statement, and all first day pleadings that General Moly intends to file with the Bankruptcy Court to the DIP Lenders’ counsel and the Consenting Bondholders’ counsel, if reasonably practicable, at least two (2) business days prior to the date when General Moly intends to file any such pleading or other document (and, if not reasonably practicable, as soon as reasonably practicable prior to filing) and shall consult in good faith with such counsel regarding the form and substance of any such proposed filing. Subject to Section 4(a), nothing in this Agreement shall restrict, limit, prohibit, or preclude, in any manner not inconsistent with its obligations under this Agreement, any of the DIP Lenders or Consenting Bondholders from appearing in the Bankruptcy Court with respect to any motion, application, or other documents filed by General Moly and objecting to, or commenting upon, the relief requested therein.
Certain Additional Chapter 11 Related Matters. The Company shall provide draft copies of all Plan Related Documents, and, to the extent such pleadings have an adverse economic effect on the Administrative Agent or the Consenting Lenders, “first day” motions, pleadings, objections, or applications and other documents that the Company intends to file with the Bankruptcy Court to counsel for the Administrative Agent and counsel for the Steering Committee, if reasonably practicable, at least two (2) days prior to the date when the Company intends to file any such pleading, motion, or other document (and, if not reasonably practicable, as soon as reasonably practicable prior to filing) and shall consult in good faith with such counsel regarding the form and substance of any such proposed filing with the Bankruptcy Court. Subject to Section 2.01, nothing in this Agreement shall restrict, limit, prohibit or preclude, in any manner not inconsistent with its obligations under this Agreement, any of the Consenting Debtholders from appearing in the Bankruptcy Court with respect to any motion, application or other documents filed by the Company and objecting to, or commenting upon, the relief requested therein, so long as such appearance, objection, or comment is consistent with the Consenting Debtholders’ obligations under this Agreement.
Certain Additional Chapter 11 Related Matters. If the Company determines it will likely commence the Chapter 11 Cases, the Company shall provide draft copies of all “first day” motions or applications and all other documents and pleadings the Company intends to file with the Bankruptcy Court to counsel for the Consenting Noteholders at least 5 Business Days before the date the Company intends to file such document, and shall consult in good faith with such counsel regarding the form and substance of any such proposed filing with the Bankruptcy Court.
Certain Additional Chapter 11 Related Matters. The Debtor shall provide draft copies of all material motions or applications and other documents the Debtor intends to file with the Bankruptcy Court to counsel for Bzinfin and for GSAM, if reasonably practicable, at least three (3) days prior to the date when the Debtor intends to file any such pleading or other document (and, if not reasonably practicable, as soon as reasonably practicable prior to filing) and shall consult in good faith with such counsel regarding the form and substance of any such proposed filing with the Bankruptcy Court. Subject to Section 2(c) above, nothing in this Restructuring Agreement shall restrict, limit, prohibit or preclude, in any manner not inconsistent with its obligations under this Restructuring Agreement, any of the Consenting Lenders from appearing in the Bankruptcy Court with respect to any motion, application or other documents filed by the Debtor and objecting to, or commenting upon, the relief requested therein.
Certain Additional Chapter 11 Related Matters. Each of the Xxxxxx Parties and each of the ACG Parties, as the case may be, shall, except where it is not reasonably practicable, provide draft copies of all motions or applications and other documents any of the Xxxxxx Parties or ACG Parties intends to file with the Bankruptcy Court to counsel for the Consenting Noteholders at least three business days prior to the date when the Xxxxxx Parties and the ACG Parties intend to file any such document and shall consult in good faith with such counsel regarding the form and substance of any such proposed filing with the Bankruptcy Court.
