Common use of Commitments with Respect to Chapter 11 Cases Clause in Contracts

Commitments with Respect to Chapter 11 Cases. Subject to Section ‎5.04, each Consenting Stakeholder agrees, severally, and not jointly and severally, during the Agreement Effective Period, that it shall: (a) timely vote each of its Company Claims/Interests it is entitled to vote to accept the Plan by timely delivering its duly executed and completed ballot(s) accepting the Plan following the date of the Solicitation and its actual receipt of the Solicitation Materials and the ballot; (i) to the extent it is permitted to elect whether to opt out of the releases set forth in the Plan, elect not to opt out of such releases and (ii) to the extent it is permitted to elect whether to opt in to the releases set forth in the Plan, elect to opt in to such releases, in each case by delivering its duly executed and completed ballot(s) indicating such election prior to the deadline for such delivery; and (c) not change, withdraw, amend, or revoke (or cause to be changed, withdrawn, amended, or revoked) any vote or election referred to in clause (a) or (b) above; provided, however, that nothing in this Agreement shall prevent any Consenting Stakeholder from withholding, amending, or revoking (or causing the same) its timely consent or vote with respect to the Plan if this Agreement has been terminated in accordance with its terms with respect to such Consenting Stakeholder.

Commitments with Respect to Chapter 11 Cases. Subject to Section ‎5.04, each Consenting Stakeholder agrees, severally, and not jointly and severally, during (a) During the Agreement Effective Period, but subject to the terms and conditions of this Agreement, each Consenting Stakeholder that is entitled to vote to accept or reject the Plan pursuant to its terms agrees severally, and not jointly, that it shall, subject to such Consenting Stakeholder’s receipt of the Solicitation Materials, whether before or after the commencement of the Chapter 11 Cases: (ai) vote on a timely vote basis each of its Company Claims/Interests it is entitled set forth on its signature page to vote this Agreement, any Transfer Agreement, or any Joinder Agreement to accept the Plan by timely delivering its duly executed and completed ballot(s) ballot accepting the Plan following the date commencement of the Solicitation solicitation of the Plan and its actual receipt of the Solicitation Materials and the ballotballot and prior to the deadline for such delivery; (iii) to the extent it is permitted to elect whether to opt out of (or opt in to) the releases set forth in the Plan, elect not to opt out of such releases and (ii) to the extent it is permitted to or elect whether to opt in to to) the releases set forth in the Plan, elect to opt in to such releases, in each case Plan by delivering its duly executed and completed ballot(s) indicating such election prior to the deadline for such delivery, provided, that such Plan releases are materially consistent with those set forth in the Restructuring Term Sheet; and (ciii) not change, withdraw, amend, or revoke (or cause to be changed, withdrawn, amended, or revoked) any vote or election referred to in clause clauses (ai) or and (bii) above; provided, however, that nothing in this Agreement shall prevent any each Consenting Stakeholder from withholding, amending, may change or revoking (or causing withdraw its vote if the same) its timely consent or vote with respect to the Plan if this Agreement has been terminated in accordance with its terms with respect Termination Date occurs as to such Consenting Stakeholder.

Commitments with Respect to Chapter 11 Cases. Subject to Section ‎5.04, each Consenting Stakeholder agrees, severally, and not jointly and severally, during (a) During the Agreement Effective Period, each Consenting Noteholder that is entitled to vote to accept or reject the Plan pursuant to its terms severally, and not jointly, agrees that it shall, subject to receipt by such Consenting Noteholder of the Solicitation Materials: (ai) timely vote each of its Company Claims/Interests it is entitled set forth on its signature page to vote this Agreement, any Transfer Agreement, or any Joinder to accept the Plan by timely delivering its duly executed and completed ballot(s) ballot accepting the Plan following the date commencement of the Solicitation solicitation of the Plan and its actual receipt of the Solicitation Materials and the ballotballot and prior to the deadline for such delivery; (ia) to the extent it is permitted to elect whether to opt out of the releases set forth in the Plan, elect not to opt out of such releases and (iib) to the extent it is permitted to elect whether to opt in to the releases set forth in the Plan, elect to opt in to such releases, in each case by delivering its duly executed and completed ballot(s) indicating such election prior to the deadline for such delivery; and (ciii) not change, withdraw, amend, or revoke (or cause to be changed, withdrawn, amended, or revoked) any vote or election referred to in clause clauses (ai) or and (bii) above; provided, however, that nothing in this Agreement shall prevent any Consenting Stakeholder from withholding, amending, or revoking (or causing the same) its timely consent or vote with respect to the Plan if this Agreement has been terminated in accordance with its terms with respect to such Consenting Stakeholder.

Commitments with Respect to Chapter 11 Cases. Subject to Section ‎5.04, each Consenting Stakeholder agrees, severally, and not jointly and severally, during (a) During the Agreement Effective Period, each Consenting First Lien Lender (severally and not jointly) that is entitled to vote to accept or reject the Plan pursuant to its terms agrees that it shall, subject to receipt by such Consenting First Lien Lenders of the Solicitation Materials: (ai) timely vote each of its Company Claims/Interests it is entitled to vote to accept the Plan by timely delivering its duly executed and completed ballot(s) ballot accepting the Plan on a timely basis following the date commencement of the Solicitation solicitation of the Plan and its actual receipt of the Solicitation Materials and the ballot; (iii) not object to the Plan; (iii) support the mutual release, exculpation, and injunction provisions to be provided in the Plan; (iv) to the extent it is permitted to elect whether to opt out of the releases set forth in the Plan, elect not to opt out of such releases and (ii) to the extent it is permitted to elect whether to opt in to the releases set forth in the Plan, elect to opt in to such releases, in each case Plan by timely delivering its duly executed and completed ballot(s) indicating such election prior to the deadline for such deliveryelection; and (cv) not change, withdraw, amend, or revoke (or cause to be changed, withdrawn, amended, or revoked) any vote or election referred to in clause clauses (ai),(ii), (iii), and (iv) or above. (b) above; providedDuring the Agreement Effective Period, howevereach Consenting First Lien Lender (severally and not jointly), that nothing in this Agreement shall prevent any Consenting Stakeholder from withholdingrespect of its Company Claims/Interests, amendingwill support, and will not directly or indirectly object to, delay, impede, or revoking (take any other action to interfere with any motion or causing pleading or document filed by a Company Party in the same) its timely consent or vote Bankruptcy Court that is consistent with respect to the Plan if this Agreement has been terminated in accordance with its terms with respect to such Consenting StakeholderAgreement.

Commitments with Respect to Chapter 11 Cases. Subject to Section ‎5.04, each Consenting Stakeholder agrees, severally, and not jointly and severally, during (a) During the Agreement Effective Period, each Consenting Stakeholder that it shall: (a) timely vote each of its Company Claims/Interests it is entitled to vote to accept or reject the Plan pursuant to its terms, severally, and not jointly, agrees that it shall, subject to receipt by such Consenting Stakeholder, whether before or after the commencement of the Chapter 11 Cases, of the Solicitation Materials: (i) vote each of its Company Claims and Interests to accept the Plan by timely delivering its duly executed and completed ballot(s) accepting the Plan following to the date of the Solicitation and its actual receipt of the Solicitation Materials and the ballotCompany’s solicitation agent on or before April 11, 2019; (iii) to the extent it is permitted to elect whether to opt out of the releases set forth in the Plan, elect not to opt out of such releases and (iiselect on its ballot(s) to the extent it is permitted to elect whether to opt in “opt-out” with respect to the releases set forth in the Plan, elect to opt in to such releases, in each case by delivering its duly executed and completed ballot(s) indicating such election prior to the deadline for such delivery; and (ciii) not change, withdraw, amend, or revoke (or cause to be changed, withdrawn, amended, or revoked) any vote or election referred to in clause clauses (aa)(i) or and (bii) above; provided, however, that nothing in this Agreement shall prevent any Consenting Stakeholder Party from changing, withholding, amending, or revoking (or causing the same) its timely consent election or vote with respect to the Plan if this Agreement has been validly terminated in accordance with its terms with respect to such Party. (b) During the Agreement Effective Period, each Consenting Stakeholder, in respect of each of its Company Claims and Interests, severally, and not jointly, will not object to any motion or other pleading or document filed by a Company Party in the Chapter 11 Cases in furtherance of the Restructuring that is consistent with this Agreement.