Engagement of Chief Restructuring Officer Sample Clauses

Engagement of Chief Restructuring Officer. At their sole cost and expense, the Loan Parties (excluding Xx. Xxxx) have retained and engaged, and shall continue to retain and engage, a chief restructuring officer acceptable to the Lender pursuant to a retention agreement in form and substance acceptable to the Lender (the “CRO”). For purposes of the Forbearance Period, Xxxx Xxxx or Xxxxxxxx X. Xxxxxxx of Xxxxxxx Xxxxxxx & Associates is a CRO acceptable to the Lender, and the Loan Parties’ (excluding Xx. Xxxx) existing retention agreement with Xxxxxxx Xxxxxxx & Associates is in form and substance acceptable to the Lender. The Loan Parties shall comply with all of the terms of the CRO’s retention agreement and shall fully cooperate with the CRO in the performance of its duties and responsibilities under its retention agreement. Without limiting the generality of the foregoing sentence, the Loan Parties shall permit the CRO to (a) have unfettered access to the books and records of, and unconditionally inspect any of the property, locations, or operations of, the Loan Parties and (b) in the course thereof, make copies or abstracts of such books and records and discuss the affairs, finances, books and records, and valuation of the Loan Parties with their accountants, directors, officers, employees, and other representatives. The Loan Parties acknowledge and agree that (x) the CRO has been, and will continue to be, retained and engaged by the Loan Parties and not the Lender and has not been, and will not be, an agent of the Lender; and (y) the Lender shall not be responsible or otherwise liable for any actions or inactions taken by the Loan Parties resulting from their engagement of the CRO. The Loan Parties hereby authorize any of the Lender’s officers or other representatives to communicate directly with the CRO to discuss the Loan Parties’ affairs, finances, condition, and compliance with the terms of this Agreement and other Loan Documents and shall cause the CRO to cooperate with such Persons in all such communications and respond to all reasonable requests of such Persons for information regarding the Loan Parties.
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Engagement of Chief Restructuring Officer. The Borrower shall engage at all times a chief restructuring officer reasonably acceptable to the Required Lenders (it being understood that Xxxxxxx Xxxxxx is acceptable). In the event a chief restructuring officer ceases for any reason to act in that capacity the Borrower shall engage a successor chief restructuring officer reasonably acceptable to the Required Lenders within 10 Business Days (or such greater number of Business Days as shall be acceptable to the Required Lenders) of such event. The chief restructuring officer shall continue to be engaged by the Borrower so long as any Post-Petition Obligations remain outstanding or any DIP Commitments remain in effect. The scope of the chief restructuring officer’s engagement and the authority granted to such chief restructuring officer (including in each case any successor chief restructuring officer) must be reasonably satisfactory to the Required Lenders (it being understood that the scope of engagement of and authority, in each case, of the type provided to Xxxxxxx Xxxxxx is acceptable).
Sample 1
Engagement of Chief Restructuring Officer. The Loan Parties shall continue to engage and maintain the services of Xxxxxx Xxxxxxx, as chief restructuring officer of the Loan Parties (the “Chief Restructuring Officer”) on terms consistent with that certain Agreement for Services, dated November 26, 2018, by and between Xxxxxx Xxxxxxxx & Associates, Ltd., Parent, Borrower and Holdings (as amended by that certain Amendment Number 1 to Agreement for Services, dated November 28, 2018, as further amended by that certain Amendment Number 2 to Agreement for Services, dated April 10, 2019). The Chief Restructuring Officer shall continue to have the full and exclusive power and authority to (i) restructure the operations of Loan Parties and (ii) effect a transaction (the “Transaction”) providing for (A) the complete and indefeasible payment in full in cash and satisfaction of the Obligations or (B) the indefeasible payment in cash of a discounted amount of the Obligations with the express FOURTH LIMITED CONDITIONAL FORBEARANCE AGREEMENT --Page 8 502355849 v3 1205867.00001
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Engagement of Chief Restructuring Officer. Section 5(c) of the Second Forbearance Agreement is hereby incorporated herein by reference mutatis mutandis.
Sample 1

Related to Engagement of Chief Restructuring Officer

  • Chief Operating Officer The Chief Operating Officer shall be responsible for managing the day to day operations of the Company and shall see to it that all orders of the Chief Executive Officer are carried into effect.

  • President and Chief Executive Officer The president shall be the chief executive officer of the Trust, unless the Board of Trustees designates the chairman as chief executive officer. The chief executive officer shall see that all orders and resolutions of the Board of Trustees are carried into effect. The chief executive officer shall also be the chief administrative officer of the Trust and shall perform such other duties and have such other powers as the Board of Trustees may from time to time prescribe.

  • Chief Compliance Officer The Chief Compliance Officer of the Trust will be responsible for administering its compliance policies and procedures, shall have sufficient authority and independence within the organization to compel others to adhere to the compliance policies and procedures, shall report directly to the Board of Trustees, shall annually furnish a written report on the operation of the compliance policies and procedures to the Board of Trustees and shall perform such other duties as prescribed by the Board of Trustees.

  • President Unless the Trustees otherwise provide, the President shall preside at all meetings of the shareholders and of the Trustees. Unless the Trustees otherwise provide, the President shall be the chief executive officer.

  • Labour Management Relations Committee In recognition of the mutual benefits of open communications and on-going consultation between the faculty and the employer, the Labour/Management Relations Committee will meet on a regular basis and have equal representation for the Union and the Employer. The LMRC will serve as an open forum for the free and candid discussion of matters of mutual concern to faculty members and management.

  • LABOUR MANAGEMENT RELATIONS 9:01 No employee or group of employees shall undertake to represent the Union at meetings with the Employer without the proper authorization of the Union. The Employer shall not meet with any employee or group of employees undertaking to represent the Union without the proper authorization of the Union. In representing an employee or group of employees, a representative of the Union shall be the spokesperson. In order that this may be carried out, the Union shall supply the Employer with the names of its Officers and representatives. Likewise the Employer shall supply the Union with a list of its Designated Authorities and Chairs where the Chair is not the Designated Authority. Neither the Union nor the Employer shall be required to recognize such representatives until written notification has been received. 9:02 The Union and the Employer acknowledge the mutual benefit of joint consultation and agree, therefore, that there shall be a joint labour/management committee consisting of three (3) representatives from and selected by each party. There shall be one (1) regularly scheduled Labour/Management Committee meeting in each four (4) month term or semester (January to April, May to August, September to December). In addition, meetings shall be arranged at the request of either party through the Labour Relations Department, by submitting in writing the topics to be discussed. Such meetings shall take place, at a mutually-agreeable time, within ten (10) working days of the receipt of the request for the meeting. Meetings shall not be used to discuss matters which are the subject of a grievance nor to discuss any matters which are, at the time, the subject of collective bargaining. The committee shall function in an advisory capacity only, making recommendations to the Union and/or the Employer with respect to its discussions and conclusions, and shall not have the power to add to or modify the terms of this agreement. A representative of each party shall be designated Co-Chairperson, and the two persons so designated shall alternate in presiding over meetings.

  • CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER CERTIFICATION The undersigned Chief Executive Officer and Chief Fiscal Officer of the Recipient, as both are designated in Appendix B of the Agreement, hereby request the Director to disburse financial assistance moneys made available to Project in Appendix C of the Agreement (inclusive of any amendment thereto) to the payee as identified below in the amount so indicated which amount equals the product of the Disbursement Ratio and the dollar value of the attached cost documentation which was properly billed to the Recipient in exclusive connection with the performance of the Project. The undersigned further certify that:

  • Disease Management If you have a chronic condition such as asthma, coronary heart disease, diabetes, congestive heart failure, and/or chronic obstructive pulmonary disease, we’re here to help. Our tools and information can help you manage your condition and improve your health. You may also be eligible to receive help through our care coordination program. This voluntary program is available at no additional cost you. To learn more about disease management, please call (000) 000-0000 or 0-000-000-0000. Our entire contract with you consists of this agreement and our contract with your employer. Your ID card will identify you as a member when you receive the healthcare services covered under this agreement. By presenting your ID card to receive covered healthcare services, you are agreeing to abide by the rules and obligations of this agreement. Your eligibility for benefits is determined under the provisions of this agreement. Your right to appeal and take action is described in Appeals in Section 5. This agreement describes the benefits, exclusions, conditions and limitations provided under your plan. It shall be construed under and shall be governed by the applicable laws and regulations of the State of Rhode Island and federal law as amended from time to time. It replaces any agreement previously issued to you. If this agreement changes, an amendment or new agreement will be provided.

  • Xxxxxx, President s/ Xxxxx Xxxx ---------------------------------- Xxxxx Xxxx

  • Board-Superintendent Relationship The Board shall be primarily responsible for formulating and adopting policy. The Superintendent shall be the chief administrative officer for the district and shall be responsible for implementing Board policy. He shall organize the administrative and supervisory staff, and select, place, and transfer personnel with the concurrence of the Board. He is responsible for administering the instruction of students and the business affairs of the school district. The Board members agree, individually and collectively, to promptly refer all criticisms, complaints, and suggestions called to their attention to the Superintendent for action, study and/or recommendation, as appropriate.

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