Definitive Documents. The Transaction Documents shall have been executed by the parties thereto in the forms attached hereto (where applicable) or otherwise as agreed to by the Investor, the Company and the other parties thereto on or prior to the Effective Date, and approval by the Bankruptcy Court of the Transaction Documents shall have been obtained, as necessary. After the execution of the Transaction Documents by the parties thereto, such Transaction Documents shall not be modified without the Investor’s and the Company’s consent, and shall be in effect and the consummation of the transactions contemplated thereby shall not be stayed, and all conditions to the obligations of the parties under the Transaction Documents shall have been satisfied or effectively waived. All corporate and other proceedings to be taken by the Investor and the Company in connection with the Transaction Documents and the transactions contemplated thereby to be completed at the Closing and documents incident thereto shall have been completed in form and substance satisfactory to the Investor and the Company, and the Investor and the Company shall have received all such counterpart originals or certified or other copies of the Transaction Documents and such other documents as it may reasonably request.
Appears in 2 contracts
Samples: Investment Agreement (Savitr Capital, LLC), Investment Agreement (Molecular Insight Pharmaceuticals, Inc.)
Definitive Documents. The Definitive Transaction Documents necessary to consummate the transactions contemplated herein shall have been prepared, negotiated and, to the extent applicable, executed by the parties (or, as applicable, their Affiliates), and approval by the Bankruptcy Court of such documents, as necessary, shall have been obtained. All Transaction Documents (in form and substance satisfactory to the Company), to the extent applicable, shall have been executed by the parties thereto in the forms attached hereto (where applicable) or otherwise as agreed to by the Investor, other than the Company and the other parties thereto its Affiliates) on or prior to the Effective Date, and approval by the Bankruptcy Court of the Transaction Documents shall not have been obtainedmodified, as necessary. After the execution of the Transaction Documents by the parties thereto, such Transaction Documents shall not be modified without the Investor’s and the Company’s consent, and shall be in effect and the consummation of the transactions contemplated thereby shall not be stayed, and all conditions to the obligations of the parties under the Transaction Documents shall have been satisfied or effectively waived. All corporate and other proceedings to be taken by the Investor and the Company or its Affiliates in connection with the Transaction Documents and the transactions contemplated thereby to be completed at the Closing and documents incident thereto shall have been completed in form and substance satisfactory to the Investor and the Company, and the Investor and the Company shall have received all such counterpart originals or certified or other copies of the Transaction Documents and such other documents as it may reasonably request.
Appears in 2 contracts
Samples: Investment Agreement (Us Airways Group Inc), Investment Agreement (Us Airways Group Inc)
Definitive Documents. The Definitive Transaction Documents necessary to consummate the transactions contemplated herein shall have been prepared, negotiated and, to the extent applicable, executed by the parties, and approval by the Bankruptcy Court of such documents, as necessary, shall have been obtained. All Transaction Documents (in form and substance satisfactory to both the Investor and the Company), to the extent applicable, shall have been executed by the parties thereto in the forms attached hereto (where applicable) or otherwise as agreed to by the Investor, the Company and the other parties thereto on or prior to the Effective Date, and approval by the Bankruptcy Court of the Transaction Documents shall not have been obtained, as necessary. After the execution of the Transaction Documents by the parties thereto, such Transaction Documents shall not be modified without either of the Investor’s and or the Company’s consent, consent and shall be in effect and the consummation of the transactions contemplated thereby shall not be stayed, and all conditions to the obligations of the parties under the Transaction Documents shall have been satisfied or effectively waived. All corporate and other proceedings to be taken by the Investor and the Company in connection with the Transaction Documents and the transactions contemplated thereby to be completed at the Closing and documents incident thereto shall have been completed in form and substance satisfactory to the Investor and the Company, and the Investor and the Company shall have received all such counterpart originals or certified or other copies of the Transaction Documents and such other documents as it may reasonably request.
Appears in 2 contracts
Samples: Investment Agreement (Frontier Airlines Holdings, Inc.), Investment Agreement (Republic Airways Holdings Inc)
Definitive Documents. The Definitive Transaction Documents necessary to consummate the transactions contemplated herein shall have been prepared, negotiated and, to the extent applicable, executed by the parties, and approval by the Bankruptcy Court of such documents, as necessary, shall have been obtained. All Transaction Documents (in form and substance reasonably satisfactory to both the Investor and the Company), to the extent applicable, shall have been executed by the parties thereto in the forms attached hereto (where applicable) or otherwise as agreed to by the Investor, the Company and the other parties thereto on or prior to the Effective Date, and approval by the Bankruptcy Court of the Transaction Documents shall not have been obtained, as necessary. After the execution of the Transaction Documents by the parties thereto, such Transaction Documents shall not be modified without either of the Investor’s and or the Company’s consent, consent and shall be in effect and the consummation of the transactions contemplated thereby shall not be stayed, and all conditions to the obligations of the parties under the Transaction Documents shall have been satisfied or effectively waived. All corporate and other proceedings to be taken by the Investor and the Company in connection with the Transaction Documents and the transactions contemplated thereby to be completed at the Closing and documents incident thereto shall have been completed in form and substance reasonably satisfactory to the Investor and the Company, and the Investor and the Company shall have received all such counterpart originals or certified or other copies of the Transaction Documents and such other documents as it may reasonably request.
Appears in 2 contracts
Samples: Investment Agreement (Republic Airways Holdings Inc), Investment Agreement (Frontier Airlines Holdings, Inc.)
Definitive Documents. The Transaction Documents shall have been executed by the parties thereto in the forms attached hereto (where applicable) or otherwise as agreed to by the InvestorPurchaser, the Company and the other parties thereto on or prior to the Effective Date, and approval by the Bankruptcy Court of the Transaction Documents shall have been obtained, as necessary. After the execution of the Transaction Documents by the parties thereto, such Transaction Documents shall not be modified without the Investor’s Purchaser's and the Company’s 's consent, and shall be in effect and the consummation of the transactions contemplated thereby shall not be stayed, and all conditions to the obligations of the parties under the Transaction Documents shall have been satisfied or effectively waived. All corporate and other proceedings to be taken by the Investor Purchaser and the Company in connection with the Transaction Documents and the transactions contemplated thereby to be completed at the Closing and documents incident thereto shall have been completed in form and substance satisfactory to the Investor Purchaser and the Company, and the Investor Purchaser and the Company shall have received all such counterpart originals or certified or other copies of the Transaction Documents and such other documents as it may reasonably request.
Appears in 1 contract
Samples: Securities Purchase Agreement (Capitol Bancorp LTD)
Definitive Documents. The Definitive Transaction Documents necessary to consummate the transactions contemplated herein shall have been prepared, negotiated and, to the extent applicable, executed by the parties, and approval by the Bankruptcy Court of such documents, as necessary, shall have been obtained. All Transaction Documents (in form and substance reasonably satisfactory to both the Investor and the Company), to the extent applicable, shall have been executed by the parties thereto in the forms attached hereto (where applicable) or otherwise as agreed to by the Investor, the Company and the other parties thereto on or prior to the Effective Date, and approval by the Bankruptcy Court shall not have been modified without either of the Transaction Documents shall have been obtained, as necessary. After Investor s or the execution of the Transaction Documents by the parties thereto, such Transaction Documents shall not be modified without the Investor’s and the Company’s consent, Company s consent and shall be in effect and the consummation of the transactions contemplated thereby shall not be stayed, and all conditions to the obligations of the parties under the Transaction Documents shall have been satisfied or effectively waived. All corporate and other proceedings to be taken by the Investor and the Company in connection with the Transaction Documents and the transactions contemplated thereby to be completed at the Closing and documents incident thereto shall have been completed in form and substance reasonably satisfactory to the Investor and the Company, and the Investor and the Company shall have received all such counterpart originals or certified or other copies of the Transaction Documents and such other documents as it may reasonably request.
Appears in 1 contract
Samples: Investment Agreement
Definitive Documents. The Definitive Transaction Documents (in form and substance reasonably satisfactory to the Company) necessary to consummate the transactions contemplated herein shall have been prepared, negotiated and, to the extent applicable, executed by the parties thereto in the forms attached hereto (where or, as applicable) or otherwise as agreed to by the Investor, the Company and the other parties thereto on or prior to the Effective Datetheir Affiliates), and approval by the Bankruptcy Court of the Transaction Documents such documents, as necessary, shall have been obtained, as necessary. After the execution of the Transaction Documents by the parties thereto, such Such Transaction Documents shall not be modified without the Investor’s and the Company’s consenthave been modified, and shall be in effect and the consummation of the transactions contemplated thereby shall not be stayed, and and, except with respect to conditions in the Commercial Agreements intended or permitted under the terms thereof to be satisfied after the Closing, all conditions to the obligations of the parties under the Transaction Documents shall have been satisfied or effectively waived. All corporate and other proceedings to be taken by the Investor and the Company its Affiliates in connection with the Transaction Documents and the transactions contemplated thereby to be completed at the Closing and documents incident thereto shall have been completed in form and substance reasonably satisfactory to the Investor and the Company, and the Investor and the Company shall have received all such counterpart originals or certified or other copies of the Transaction Documents and such other documents as it may reasonably request.
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