Consummation of Restructuring. The Restructuring shall have been consummated and evidenced by delivery to Purchaser of:
(a) Charter Documents of the Group Companies updated to show the transactions contemplated under the Restructuring;
(b) inquiry evidence with National Enterprise Credit Information Inquiry System (at xxxx://xxxx.xxxx.xxx.xx/) to show the shareholding structure as indicated in Operation and Structure II;
(c) SAFE Registrations of the PRC Entity updated to show the shareholding structure as indicated in Operation and Structure II;
(d) proof, in the form and substance to the satisfaction of Purchaser or Parent, of full payment of proceeds incurred in the Restructuring including payment to Onshore Shareholders and Shanghai Shanneng in consideration of all equity interest in the PRC Entity;
(e) proof, in the form and substance to the satisfaction of Purchaser or Parent, of full payment of tax by Onshore Shareholders and shanghai Shanneng to the Tax Authority in all applicable jurisdictions with respect to the Restructuring;
(f) other licenses, permits and certifications of the Hong Kong Entity and PRC Entity updated to reflect the shareholding structure as indicated in Operation and Structure II; and
(g) a complete and accurate list of all documents, agreements, corporate records, Charter Documents, or submissions to any Government Authority and approvals, arising from, relating to or required to effect the Restructuring, including but not limited to those set forth in Sections 10.6(a) to (f), shall be in a form and substance satisfactory to Purchaser.
Consummation of Restructuring. The Restructuring shall have been fully consummated on the terms and in the manner contemplated by this Agreement.
Consummation of Restructuring. IGC covenants and agrees that immediately following the relinquishment and release by Lender of all of its right, title and interest in the Released Partnership Collateral, IGC will assign and transfer the respective Released Partnership Collateral to American Management, IGP Group and American Housing and will promptly, in accordance with the Restructuring, assign and transfer all of the issued and outstanding shares of stock and beneficial interest in American Land, American Rental, IGP Group and American Management to ACPT in exchange for shares of beneficial interest in ACPT, and distributing such shares of beneficial interest in ACPT to the unitholders of IGC.
Consummation of Restructuring. 48 8.12 Consents and Estoppels..............................................48 ARTICLE IX CONDITIONS PRECEDENT TO OBLIGATIONS OF MCCALLUM, SELLER AND THE COMPANY
Consummation of Restructuring. Other than the repayment of the Comcast Promissory Note, which shall be made from the proceeds hereof, all material conditions precedent to the consummation of the Restructuring, as set forth in the documentation relating thereto, shall have been satisfied in all material respects, and not waived in an adverse manner to the Lenders except with the consent of the Agents; provided that Comcast may agree to waive any condition precedent relating to the filing of a Form S-3 in respect of the Restructuring.
Consummation of Restructuring. The Restructuring shall have been duly consummated.
Consummation of Restructuring. The Noteholders, the Preferred Stockholders, FPC, and Xxxxxx agree to negotiate the Exchange Agreement and others documents memorializing the Restructuring in accordance with the Plan in good faith and on the terms and conditions herein set forth and on such other terms and conditions as may be agreed upon by the parties, and further agree to attempt to achieve the milestones described in Section 17 hereof. All such documentation shall be in form and substance acceptable to the parties and the parties acknowledge and agree that they shall not be bound with respect thereto unless and until definitive agreements are prepared, authorized, executed and delivered by all parties.
Consummation of Restructuring. The Restructuring shall have ----------------------------- been consummated;
Consummation of Restructuring. The Restructuring shall have been consummated in such manner and on such terms satisfactory to the Purchaser, and in particular, the Restructuring shall have been consummated in manners and on terms such that no Group Company shall owe any amount to the Parent or any other Retained Parent Group Companies or owes any liabilities as of Closing.
Consummation of Restructuring. The Company hereby acknowledges and agrees that the Restructuring (as defined below) was consummated on or before June 30, 2002 and that the Executive remained continuously employed by the Company through the date on which the Restructuring was consummated. Accordingly, the Company and the Executive acknowledge and agree that the Executive is entitled to receive, and has appropriately received, the Bonuses under Section 5 hereof. For purposes of this Agreement, "Restructuring" shall mean a restructuring of the Company's 6% Debentures due 2002 and 5.625% Debentures due 2003 pursuant to a prepackaged, prenegotiated or other plan of reorganization pursuant to Chapter 11 of the United States Code."
