Execution of Second Amendment. The Administrative Agent shall have received counterparts of this Second Amendment, executed by a duly authorized offer of each party thereto.
Execution of Second Amendment. The Purchasers shall have received a counterpart of this Second Amendment duly executed and delivered by the Company, the Guarantor and the Purchasers.
Execution of Second Amendment. Borrowers and the Lenders shall each have executed and delivered this Second Amendment.
Execution of Second Amendment. This Second Amendment may be executed and delivered in any number of counterparts and by way of electronic signature and delivery, each such counterpart, when executed and delivered, shall be deemed an original, and all of which together shall constitute the same agreement. Each individual executing this Second Amendment on behalf of a Required Amendment Party has been duly authorized and empowered to execute and deliver this Second Amendment on behalf of said Required Amendment Party. [Signature pages follow.] -*/ ,=> 38'!4>'%, 692"> %!>6-> +!, +!,6>->2>6->6&!> & 06!2>>( ,>:/1-26> %2!!+!,6 > > > > , >! &>-$>'75> '2! 6> , >', '3" 6>5; 5' ' 3'#5> )'56! >-,> <&' '6> > , > <&' '6> >6->6&!>( ,> ;//-26> %2!!+!,6> Exhibit 1 Plan Support Agreement
i. Windstream Holdings, Inc. (“Holdings”), Windstream Services, LLC (“Services”), and each of their direct and indirect subsidiaries listed on Exhibit A-1 and Exhibit A-2 to this Agreement (collectively, together with Holdings and Services, the “Company Parties”); ii. the undersigned holders of, or investment advisors, sub-advisors, or managers of discretionary accounts that hold, First Lien Claims that have executed and delivered counterpart signature pages to this Agreement, a Joinder, or a Transfer Agreement to counsel to the Company Parties (collectively, the “Consenting First Lien Creditors”); iii. Xxxxxxx Investment Management LP and its affiliated funds in their capacity as holders of First Lien Claims, Second Lien Claims, and Unsecured Notes Claims (collectively, “Xxxxxxx” and, together with the Consenting First Lien Creditors, the “Consenting Xxxxxxx and First Lien Creditors”); iv. Uniti Group Inc. and each of its direct and indirect subsidiaries listed on Exhibit B to this Agreement (collectively, the “Uniti Parties”); and v. the undersigned holders of, or investment advisors, sub-advisors, or managers of discretionary accounts that hold, Midwest Notes Claims that have executed and delivered counterpart signature pages to this Agreement, a Joinder, or a Transfer Agreement to counsel to the Company Parties (collectively, the “Consenting Midwest Noteholders” and, together with the Consenting Xxxxxxx and First Lien Creditors, the “Consenting Creditors”). 1 Capitalized terms used but not defined in the preamble and recitals to this Agreement have the meanings ascribed to them in Section 1, the Restructuring Term Sheet, or the Uniti Term Sheet, as applicable.
Execution of Second Amendment. The Company, the Agent and the Majority Banks shall have signed a copy hereof and the same shall have been delivered to the Agent.
Execution of Second Amendment. The Administrative Agent and the Required Lenders shall have executed this Second Amendment and shall have received a counterpart to this Second Amendment, duly executed by each Credit Party.
Execution of Second Amendment. The Administrative Agent shall have received evidence of the execution, delivery and effectiveness of that certain Second Amendment to Credit and Guaranty Agreement dated as of the date hereof by and among the Parent Borrower, Ventas SSL Ontario II, Inc., Ventas SSL Ontario III, Inc., Ventas, Inc. and certain subsidiaries of Ventas, Inc. and the lenders party thereto, amending that certain Credit and Guaranty Agreement, dated as of March 13, 2008, as amended.
Execution of Second Amendment. Simultaneous with the execution of this Second Agreement, LCC, Talaris, and BN shall execute the Second Amendment, which Talaris shall then immediately record with the King County Office of the Recorder. On the same day, Talaris shall provide LCC and BN the recording number of the executed Second Amendment. Upon return of the recorded Second Amendment from King County, Talaris shall provide LCC and BN a copy of said document stamped with the King County recording information.
Execution of Second Amendment. The Lender shall have received a fully executed copy of this Second Amendment, together with all exhibits, annexes and attachments thereto.
Execution of Second Amendment. The exchange of copies of this Second Amendment and of signature pages by facsimile, “portable document format” (“.pdf”) form or other electronic transmission shall constitute effective execution and delivery of this Second Amendment as to the Parties and may be used in lieu of the original Second Amendment for all purposes. Signatures of the Parties transmitted by facsimile, .pdf or other electronic means shall be deemed to be their original signatures for all purposes.
