Execution Date Deliverables. Simultaneously with the execution of this Agreement on the Effective Date:
Execution Date Deliverables. Upon the execution and delivery of this Agreement, MHR shall deliver to MSI (i) a consent and waiver in the form attached hereto as Exhibit C (the “MHR Consent”), duly executed by an authorized officer of MHR and the Company and use its reasonable efforts to obtain as soon as possible a duly executed signature page thereto from each other Member of the Company, (ii) counterpart signature pages to the Services Agreement Amendment, which shall have been duly executed by the Company, MHR and MH Services, and to the Second A&R LLC Agreement, which shall have been duly executed by each Member (other than MSI) and (iii) a counterpart signature page to the amendment to the Eureka Hunter Incentive Plan in the form attached hereto as Exhibit D, which shall have been duly executed by the Company, and a duly executed consent to such amendment from each recipient of any award of plan incentive units thereunder and any award of Class B Common Units of the Company pursuant to the terms of the Initial LLC Agreement, which pages with respect to clauses (ii) and (iii) shall be held in escrow and released only upon the occurrence of the Initial Closing. With respect to each Member who is an individual, MHR shall use its reasonable efforts after the date hereof to obtain prior to the Initial Closing the counterpart signature page to a spousal acknowledgement (in form and substance consistent with the requirements of the Second A&R LLC Agreement and reasonably satisfactory to MSI) duly executed by the spouse of each such individual who is married, and shall continue to use such efforts to obtain such duly executed counterparts from and after the Initial Closing.
