Definitive Documentation. The definitive documents and agreements governing the Restructuring (collectively, the “Definitive Documentation”) shall consist of (a) the Plan (and all exhibits thereto); (b) the disclosure statement in support of the Plan (the “Disclosure Statement”); (c) the order of the Bankruptcy Court, in form and substance acceptable to the Debtor and 210, approving the Disclosure Statement and confirming the Plan (the “Confirmation Order”) and pleadings in support of entry of the Confirmation Order; (d) the solicitation materials with respect to the Plan (collectively, the “Solicitation Materials”); (e) any “first-day” motions and orders; (f) an order authorizing the Debtor to assume and perform its obligations under this Agreement (the “RSA Assumption Order”); (g) the Warrant/Option Rejection Order (as defined below); (h) the SPA and all exhibits and attachments thereto; and (i) all other documents that will comprise the supplement to the Plan (as defined in the Plan, the “Plan Supplement”) or are otherwise attached as exhibits or attachments to, or are contemplated by, this Agreement, the SPA, or any of the other foregoing documents. The documents constituting the Definitive Documentation (i) remain subject to negotiation and completion, (ii) shall upon completion, contain terms, conditions, representations, warranties, and covenants consistent with the terms of this Agreement, and (iii) shall be in all material respects acceptable to the Debtor and 210.
Appears in 2 contracts
Samples: Restructuring Support Agreement, Restructuring Support Agreement
Definitive Documentation. The definitive documents and agreements governing the Restructuring (collectively, the “Definitive Documentation”) shall consist of of: (a) the Plan (and all exhibits thereto); (b) the disclosure statement in support of the Plan (the “Disclosure Statement”); (c) the order of the Bankruptcy Court, in form and substance acceptable to the Debtor and 210, approving the Disclosure Statement and confirming the Plan (the “Confirmation Order”) Order and pleadings in support of entry of the Confirmation Order; (dc) the Disclosure Statement and the other solicitation materials with in respect to of the Plan (such materials, collectively, the “Solicitation Materials”); (d) the order of the Bankruptcy Court approving the Disclosure Statement and the Solicitation Materials; (e) any the documentation in respect of the DIP Facility (including the DIP Agreement and related motions and orders, the “first-DIP Documents”), which shall in all instances be acceptable to the Required Supporting Creditors; (f) customary “first day” and “second day” motions and orders; (f) an order authorizing the Debtor to assume and perform its obligations under this Agreement proposed orders (the “RSA Assumption OrderFirst Day and Second Day Pleadings”); and (g) the Warrant/Option Rejection Order (as defined below); (h) the SPA and all exhibits and attachments thereto; and (i) all other documents that will comprise the supplement to the Plan (as defined in the Plan, the “Plan Supplement”) or are otherwise attached as exhibits or attachments to, or are contemplated by, this Agreement, the SPA, or any of the other foregoing documents. The documents constituting the Definitive Documentation
(i) remain Documentation remains subject to negotiation and completioncompletion and shall, (ii) shall upon completion, contain terms, conditions, representations, warranties, and covenants consistent with the terms of this Agreement, and (iii) shall be subject to any consent rights set forth in all material respects this Agreement and otherwise be in form and substance acceptable to the Debtor 3 For the avoidance of doubt, the obligations and 210rights of the Supporting Creditors described in this Agreement shall apply to any claims or interests acquired by such Supporting Creditors.
Appears in 1 contract
Samples: Restructuring Support and Lock Up Agreement (C&J Energy Services Ltd.)
Definitive Documentation. The definitive documents and agreements governing the Restructuring (collectively, the “Definitive Documentation”) shall consist of (a) the Plan (and all exhibits thereto); (b) the disclosure statement in support of the Plan (the “Disclosure Statement”); (c) the order of the Bankruptcy Court, in form and substance acceptable to the Debtor and 210, approving the Disclosure Statement and confirming the Plan (the “Confirmation Order”) and pleadings in support of entry of the Confirmation Order; (d) the solicitation materials with respect to the Plan (collectively, the “Solicitation Materials”); (e) any “first-day” motions and orders; (f) an order authorizing the Debtor to assume and perform its obligations under this Agreement (the “RSA Assumption Order”); (g) the Warrant/Option Rejection Order (as defined below); (h) the SPA and all exhibits and attachments thereto; and (i) all other documents that will comprise the supplement to the Plan (as defined in the Plan, the “Plan Supplement”) or are otherwise attached as exhibits or attachments to, or are contemplated by, this Agreement, the SPA, or any of the other foregoing documents. The documents constituting the Definitive Documentation
Documentation (i) remain subject to negotiation and completion, (ii) shall upon completion, contain terms, conditions, representations, warranties, and covenants consistent with the terms of this Agreement, and (iii) shall be in all material respects acceptable to the Debtor and 210.
Appears in 1 contract
Samples: Restructuring Support Agreement (Crossroads Systems Inc)
Definitive Documentation. The definitive documents and agreements governing the Restructuring (collectively, the “Definitive Documentation”) shall consist of of: (a) the Plan (and all exhibits thereto); (b) the disclosure statement in support of the Plan (the “Disclosure Statement”); (c) the order of the Bankruptcy Court, in form and substance acceptable to the Debtor and 210, approving the Disclosure Statement and confirming the Plan (the “Confirmation Order”) Order and pleadings in support of entry of the Confirmation Order; (dc) the Disclosure Statement and the other solicitation materials with in respect to of the Plan (such materials, collectively, the “Solicitation Materials”); (d) the order of the Bankruptcy Court approving the Disclosure Statement and the Solicitation Materials; (e) any the documentation in respect of the DIP Facility (including the DIP Agreement and related motions and orders, the “first-DIP Documents”), which shall in all instances be acceptable to the Required Supporting Creditors; (f) customary “first day” and “second day” motions and orders; (f) an order authorizing the Debtor to assume and perform its obligations under this Agreement proposed orders (the “RSA Assumption OrderFirst Day and Second Day Pleadings”); and (g) the Warrant/Option Rejection Order (as defined below); (h) the SPA and all exhibits and attachments thereto; and (i) all other documents that will comprise the supplement to the Plan (as defined in the Plan, the “Plan Supplement”) or are otherwise attached as exhibits or attachments to, or are contemplated by, this Agreement, the SPA, or any of the other foregoing documents. The documents constituting the Definitive Documentation
(i) remain Documentation remains subject to negotiation and completioncompletion and shall, (ii) shall upon completion, contain terms, conditions, representations, warranties, and covenants consistent with the terms of this Agreement, and (iii) shall be subject to any consent rights set forth in all material respects this Agreement and otherwise be in form and substance acceptable to the Debtor and 210.the
Appears in 1 contract