Further Action by Holder. Subject to Section 1.1(b) above, as soon as practicable after commencement of the Consent Solicitation, the Holder shall instruct the DTC Participant(s) that act as custodian(s) for the Notes it beneficially owns to execute and deliver a letter of consent form, which will accompany the consent solicitation materials, and shall instruct such DTC Participant(s) to take all such further action as may be necessary to effect the consent of the Holder in the Consent Solicitation on behalf of such Holder. In addition, the Holder shall, at the written request of Bally, at any time and from time to time following the execution of this Agreement, execute and deliver to Bally all such further instruments and take all such further action as may be reasonably necessary or appropriate in order to confirm or carry out its obligations under this Agreement and the transactions contemplated hereby.
Appears in 2 contracts
Samples: Consent Agreement (Bally Total Fitness Holding Corp), Consent Agreement (Bally Total Fitness Holding Corp)
Further Action by Holder. Subject to Section 1.1(b) above, as As soon as practicable after commencement of the Consent Solicitation, the Holder shall instruct the DTC Participant(s) that act as custodian(s) for the Notes it beneficially owns to execute and deliver a letter of consent form, which will accompany the consent solicitation materials, and shall instruct such DTC Participant(s) to take all such further action as may be necessary to effect the consent of the Holder in the Consent Solicitation on behalf of such Holder. In addition, the Holder shall, at the written request of Bally, at any time and from time to time following the execution of this Agreement, execute and deliver to Bally all such further instruments and take all such further action as may be reasonably necessary or appropriate in order to confirm or carry out its obligations under this Agreement and the transactions contemplated hereby.
Appears in 2 contracts
Samples: Consent Agreement (Bally Total Fitness Holding Corp), Consent Agreement (Pardus Capital Management L.P.)