Conditions Precedent to the Occurrence of the Effective Date. The occurrence of the Effective Date and the effectiveness of this Agreement shall be expressly subject to the satisfaction, or waiver in accordance with this Agreement, of the following conditions precedent:
Conditions Precedent to the Occurrence of the Effective Date. The following are conditions precedent to the occurrence of the Effective Date:
(a) All necessary consents, authorizations and approvals shall have been given for the transfers of property and the payments provided for or contemplated by the Plan, including, without limitation, satisfaction or waiver of all conditions to the obligations of the Debtors under the Plan and the Plan Documents;
(b) The New Indenture shall be executed and have become effective and all conditions to the effectiveness thereof shall have been satisfied or waived;
(c) The Confirmation Order or such portions thereof as are required shall have been confirmed and recognized by the Court of Queen’s Bench of New Brunswick;
(d) The Security Documents (i) shall be executed and have become effective and all conditions to the effectiveness thereof shall have been satisfied or waived or (ii) if not a document that is to be executed, then delivered;
(e) The Plan Documents (i) shall have been approved by the Bankruptcy Court, (ii) as applicable, shall have been executed by the Debtors, the Equity Committee, and the Backstop Investors and (iii) shall be in full force and effect;
(f) The Reorganized Holdings Constituent Documents shall have been filed with the applicable authority of their respective jurisdiction of incorporation and/or formation in accordance with such jurisdictions applicable laws;
(g) The Rights Offering and Backstop Commitment shall have been consummated on the terms and conditions set forth in the Rights Offering Documents; and
(h) The Effective Date shall have occurred by July 23, 2010, unless such date is extended pursuant to the terms of the Plan Support Agreement.
Conditions Precedent to the Occurrence of the Effective Date. The occurrence of the Effective Date hereunder shall be expressly subject to the following conditions precedent:
Conditions Precedent to the Occurrence of the Effective Date. This Agreement shall become effective on the date (the “Effective Date”) upon which each of the following conditions shall have been satisfied:
Conditions Precedent to the Occurrence of the Effective Date. The occurrence of the Effective Date and the effectiveness of this Agreement shall be expressly subject to the Lenders’ confirmation of the satisfaction, or waiver by all Lenders, of the following conditions precedent.
Conditions Precedent to the Occurrence of the Effective Date
