Form of Restructuring Sample Clauses
The 'Form of Restructuring' clause defines the specific methods or approaches by which a restructuring event may occur under an agreement. It typically outlines the acceptable forms such as debt rescheduling, changes in payment terms, or other modifications to financial obligations. By clearly specifying the permissible restructuring formats, this clause ensures all parties understand the scope of potential changes and helps prevent disputes over what constitutes a valid restructuring event.
Form of Restructuring. The Issuer and the Investor agree to initially seek to implement the Restructuring as a Consensual Restructuring; however, if (a) less than one-hundred percent (100%) of the outstanding principal amount of the 2016 Senior Notes are tendered (and not validly withdrawn) into the Exchange Offers, or (b) less than one-hundred percent (100%) of the outstanding principal amount of the 2013 Convertible Notes are tendered (and not validly withdrawn) into the Exchange Offers, or (c) the Parties determine for any reason that it would be more advantageous or expeditious for the Restructuring, then the Issuer shall implement the Chapter 11 Restructuring and shall promptly file the Bankruptcy Proceedings.
Form of Restructuring. The Issuer and the Investor agreed to initially seek to implement the Restructuring as a Consensual Restructuring; however, the Parties determined that the Issuer shall implement the Chapter 11 Restructuring through, and filed, the Bankruptcy Proceedings.
Form of Restructuring. (a) The principal terms of the Restructuring Transactions are set forth in the Restructuring Term Sheet and will be implemented through the Out-of-Court Restructuring and, if necessary, the UK Proceeding, in each case, on terms consistent with this Agreement, including the Restructuring Term Sheet.
(i) The Restructuring Transactions shall be implemented through the Out‑of‑Court Restructuring (without the UK Proceeding) if holders of at least 90% of the outstanding principal amount of the Unsecured Notes (the “Out-of-Court Threshold”) shall, by the Initial Exchange Deadline, either (A) have become party to this Agreement or (B) have validly tendered (and not validly withdrawn) their Unsecured Notes in connection with the Exchange Transaction. The Company Parties may waive or modify the Out‑of‑Court Threshold with the prior written consent of the Required Consenting Noteholders (email through Consenting Noteholder Advisor being sufficient).
(ii) If the Out-of-Court Threshold has not been satisfied or waived in accordance with this Agreement by the Initial Exchange Deadline (the “UK Proceeding Trigger Event”), then the Company Parties shall commence or continue the steps to implement a UK Proceeding on terms consistent with this Agreement and the Restructuring Term Sheet.
(b) The Restructuring Term Sheet is expressly incorporated herein by reference and made part of this Agreement as if fully set forth herein. The Restructuring Term Sheet sets forth certain material terms and conditions of the Restructuring Transactions. Notwithstanding anything else in this Agreement to the contrary, in the event of any inconsistency between this Agreement and the Restructuring Term Sheet, this Agreement shall control.
Form of Restructuring. The principal terms of the Restructuring are set forth in the Restructuring Term Sheet and will be implemented through the I Squared Infrastructure Sale and the Plan on terms consistent with this Agreement.
Form of Restructuring. (a) The Debtors shall, as soon as practicable but subject to the satisfaction or waiver of the conditions precedent contained in the Definitive Documentation, effectuate the Restructuring through confirmation and consummation of the Plan and the execution and delivery of the Definitive Documentation, in each case on terms and conditions consistent with the Term Sheet, in the Cases.
(b) Where the provisions of this Agreement and the Term Sheet refer or apply to the Chapter 11 Cases, the Bankruptcy Court and/or the Plan (including Definitive Documentation (as defined below) and any other documentation relating or relevant thereto) or events, circumstances or procedures in the United States (the “US Process”) but do not equally reference or apply to the Examinership Proceeding, the Irish court and/or the Scheme of Arrangement (including Definitive Documentation and any other documentation relating or relevant thereto) or equivalent events, circumstances or procedures in Ireland (the “Irish Process”), those provisions relating to the US Process shall be deemed to apply or refer equally to the Irish Process (and, if necessary, this Agreement and the Term Sheet will be deemed to include provisions relating to the Irish Process which correspond to provisions relating to the US Process) to ensure that the rights and obligations of the Parties under this Agreement apply equally to the Irish Process in the same way as the US Process, to the fullest extent necessary in order to implement the Restructuring in accordance with the terms, spirit and intent of this Agreement and the Term Sheet. For the avoidance of doubt, the foregoing will not require the provision of any additional funding to WIL-Ireland in addition to the funding contemplated in the US Process by this Agreement in the Term Sheet.