Commitment of the Debtors. From the RSA Effective Date and until the occurrence of a Termination Date:
Commitment of the Debtors. (a) During the Effective Period, the Debtors, jointly and severally, agree to:
Commitment of the Debtors. (a) Each of the Debtors:
Commitment of the Debtors. Subject to the terms and conditions hereof and for so long as this Agreement has not been terminated in accordance with the terms hereof, each Debtor shall comply with the following covenants:
Commitment of the Debtors. Each of the Debtors agrees to, and agrees to cause each of its direct and indirect subsidiaries to:
Commitment of the Debtors. (a) Subject to Sub-Clause (b) below, each of the Debtors (i) agrees to (A) support and complete the Restructuring Transactions set forth in the Plan and this Agreement, (B) negotiate in good faith all Definitive Documentation that is subject to negotiation as of the RSA Effective Date and take any and all necessary and appropriate actions in furtherance of the Plan and this Agreement, (C) take all commercially reasonable actions necessary to complete the Restructuring Transactions set forth in the Plan in accordance with each Milestone set forth in Section 6 of this Agreement, and (D) make commercially reasonable efforts to obtain any and all required regulatory and/or third-party approvals necessary to consummate the Restructuring Transactions; (ii) shall not undertake any action materially inconsistent with the adoption and implementation of the Plan and the speedy confirmation thereof, including, without limitation, filing any motion to reject this Agreement; and (iii) agrees to pay all fees and expenses of (i) Xxxxxx, as counsel to the Consenting Incremental Term Loan Lenders, and (ii) Weil and Moelis & Company, as advisors to the Consenting OpCo Noteholders, in accordance with their respective engagement letters and any other contractual arrangements.
Commitment of the Debtors. Each Debtor, jointly and severally, agrees, from the RSA Effective Date and for so long as this Agreement has not been terminated in accordance with the terms hereof, unless otherwise consented to in writing by the Requisite Majority Consenting Noteholders, that the Debtors shall:
Commitment of the Debtors. (a) During the Effective Period, the Debtors shall: (i) support and complete the Restructuring and all transactions set forth in the Plan and this Agreement; (ii) negotiate in good faith all Definitive Documentation that is subject to negotiation as of the Agreement Effective Date; (iii) execute and deliver any other required agreements to effectuate and consummate the Restructuring; (iv) make commercially reasonable efforts to obtain required regulatory and/or third-party approvals for the Restructuring; (v) complete the Restructuring in a timely and expeditious manner; (vi) operate their business in the ordinary course, taking into account the Restructuring; (vii) not undertake any actions materially inconsistent with the adoption and implementation of the Plan and confirmation thereof; and (viii) use commercially reasonable efforts to obtain court approval of the releases set forth in the Plan.
Commitment of the Debtors. Subject to the terms and conditions hereof, and except as the Required Consenting Noteholders and Required Consenting RBL Lenders may expressly release the Debtors in writing from any of the following obligations (which release may be withheld, conditioned or delayed by Required Consenting Noteholders and the Required Consenting RBL Lenders in their sole discretion):
Commitment of the Debtors. Subject to their fiduciary duties as debtors in possession, the Debtors agree to use commercially reasonable efforts to (i) support and take any necessary and appropriate actions (including obtaining any required regulatory and third party approvals and orders of the Bankruptcy Court) to further the Restructuring, the Plan, and all transactions contemplated under the Plan and Note Term Sheet; (ii) complete the Restructuring, the Plan, and all transactions contemplated under the Plan and Note Term Sheet within the time-frame outlined in Section 5; and (iii) take no actions inconsistent with this Agreement, the Plan, the Note Term Sheet or the confirmation and consummation of the Plan. Notwithstanding anything to the contrary herein, the Debtors shall not solicit acceptances of the Plan from any Supporting Second Lien Lender until such Supporting Second Lien Lender has been provided with copies of a Disclosure Statement approved by the Bankruptcy Court.
