Effectuating the Restructuring. As long as a Termination Event has not occurred, subject to (i) the terms and conditions of this RSA and (ii) the terms and conditions set forth in the Restructuring Term Sheet, the Parties shall use their commercially reasonable efforts to: (a) effectuate and consummate the Restructuring on the terms described in this RSA and the Restructuring Term Sheet; (b) implement the Exchange Offer and the Consent Solicitation; (c) obtain all necessary approvals and consents for the Restructuring from all requisite governmental authorities and third parties; (d) complete each of the other transactions as contemplated by the Restructuring Term Sheet; and (e) take no actions inconsistent with this RSA, the Restructuring Term Sheet, and any other Definitive Documentation or the expeditious consummation of the Restructuring. Without limiting any other provision hereof, as long as a Termination Event has not occurred, each Party hereby agrees to negotiate and cooperate in good faith in respect of all matters concerning the implementation and consummation of the Restructuring. Furthermore, as long as a Termination Event has not occurred, each Party shall take such action (including executing and delivering any Definitive Documentation and making and filing any required regulatory filings) as may be reasonably necessary to carry out the purposes and intent of this RSA.
Appears in 3 contracts
Samples: Restructuring Support Agreement (Penson Worldwide Inc), Restructuring Support Agreement (Penson Worldwide Inc), Restructuring Support Agreement (Broadridge Financial Solutions, Inc.)
Effectuating the Restructuring. As long as a Termination Event has not occurred, subject to the (i) the terms and conditions of this RSA and (ii) the terms and conditions set forth in the Restructuring Term Sheet, as applicable, the Parties shall use their commercially reasonable efforts to:
(a) effectuate and consummate the Restructuring on the terms described in this RSA and the Restructuring Term Sheet;
(b) implement the Secured Notes Subscription or the Third Party Financing, as applicable, the Exchange Offer and the Consent Solicitation;
(c) obtain all necessary approvals and consents for the Restructuring from all requisite governmental authorities and third parties;
(d) complete each of the other transactions as contemplated by the Restructuring Term Sheet; and
(e) take no actions inconsistent with this RSA, the Restructuring Term Sheet, and any other Definitive Documentation or the expeditious consummation of the Restructuring. Without limiting any other provision hereof, as long as a Termination Event has not occurred, each Party hereby agrees to negotiate and cooperate in good faith in respect of all matters concerning the implementation and consummation of the Restructuring. Furthermore, as long as a Termination Event has not occurred, each Party shall take such action (including executing and delivering any Definitive Documentation other agreement and making and filing any required regulatory filings) as may be reasonably necessary to carry out the purposes and intent of this RSA.
Appears in 2 contracts
Samples: Restructuring Support Agreement (H-L Distribution Service, LLC), Restructuring Support Agreement (Horizon Lines, Inc.)
Effectuating the Restructuring. As long as a Termination Event has not occurred, subject to the (i) the terms and conditions of this RSA and (ii) the terms and conditions set forth in the Restructuring Term Sheet, as applicable, the Parties shall use their commercially reasonable efforts to:
(a) effectuate and consummate the Restructuring on the terms described in this RSA and the Restructuring Term Sheet;
(b) implement the Secured Notes Subscription or the Third Party Credit Facility, as applicable, the Exchange Offer and the Consent Solicitation;
(c) obtain all necessary approvals and consents for the Restructuring from all requisite governmental authorities and third parties;
(d) complete each of the other transactions as contemplated by the Restructuring Term Sheet; and
(e) take no actions inconsistent with this RSA, the Restructuring Term Sheet, and any other Definitive Documentation or the expeditious consummation of the Restructuring. Without limiting any other provision hereof, as long as a Termination Event has not occurred, each Party hereby agrees to negotiate and cooperate in good faith in respect of all matters concerning the implementation and consummation of the Restructuring. Furthermore, as long as a Termination Event has not occurred, each Party shall take such action (including executing and delivering any Definitive Documentation other agreement and making and filing any required regulatory filings) as may be reasonably necessary to carry out the purposes and intent of this RSA.
Appears in 1 contract
Samples: Restructuring Support Agreement (Horizon Lines, Inc.)