Common use of Independent Due Diligence and Decision Making Clause in Contracts

Independent Due Diligence and Decision Making. Each Consenting Stakeholder hereby confirms that its decision to execute this Agreement has been based upon its independent investigation of the operations, businesses, financial and other conditions, and prospects of the Company Parties.

Appears in 31 contracts

Samples: Restructuring Support Agreement (Vertex Energy Inc.), Restructuring Support Agreement (CURO Group Holdings Corp.), Transaction Support Agreement (JOANN Inc.)

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Independent Due Diligence and Decision Making. Each Consenting Stakeholder Creditor hereby confirms that its decision to execute this Agreement has been based upon its independent investigation of the operations, businesses, financial and other conditions, and prospects of the Company Parties.

Appears in 11 contracts

Samples: Transaction Support Agreement (EchoStar CORP), Restructuring Support Agreement (Venator Materials PLC), Restructuring Support Agreement (Gamida Cell Ltd.)

Independent Due Diligence and Decision Making. Each Consenting Stakeholder Creditor hereby confirms that its decision to execute this Agreement has been based upon its independent investigation of the operations, businesses, financial and other conditions, and prospects of the Company PartiesCompany.

Appears in 5 contracts

Samples: Confidentiality Agreement (National CineMedia, Inc.), Consent Agreement (Pacific Drilling S.A.), Restructuring Support Agreement

Independent Due Diligence and Decision Making. Each Consenting Stakeholder Noteholder hereby confirms that its decision to execute this Agreement has been based upon its independent investigation of the operations, businesses, financial and other conditions, conditions and prospects of the Company Partiesand DI.

Appears in 4 contracts

Samples: Restructuring Support Agreement (Dynegy Inc.), Restructuring Support Agreement (Dynegy Inc.), Restructuring Support Agreement

Independent Due Diligence and Decision Making. Each Consenting Stakeholder Noteholder hereby confirms that its decision to execute this Agreement has been based upon its independent investigation of the operations, businesses, financial and other conditions, conditions and prospects prospect of the Company PartiesHoldings and its subsidiaries.

Appears in 4 contracts

Samples: Exchange Agreement (Highland Capital Management Lp), Exchange Agreement (Suncom Wireless Inc), Exchange Agreement (DiMaio Ahmad Capital LLC)

Independent Due Diligence and Decision Making. Each Consenting Stakeholder hereby confirms that its decision to execute this Agreement has been based upon its independent investigation of the operations, businesses, financial and other conditions, and prospects of the Company Parties, and without reliance on any statement of any other Party or Entity (other than such express representations or warranties of the Company Parties contained herein).

Appears in 3 contracts

Samples: Restructuring Support Agreement (Ascena Retail Group, Inc.), Restructuring Support Agreement (GTT Communications, Inc.), Restructuring Support Agreement (Ascena Retail Group, Inc.)

Independent Due Diligence and Decision Making. Each Consenting Stakeholder and Shareholder hereby confirms that its decision to execute this Agreement agreement has been based upon its independent investigation of the operations, businesses, financial and other conditions, and prospects of the Company Parties.

Appears in 3 contracts

Samples: Plan Support and Lock Up Agreement, Backstop Commitment Agreement, Plan Support and Lock Up Agreement

Independent Due Diligence and Decision Making. Each Consenting Stakeholder Noteholder hereby confirms that its decision to execute this Agreement has been based upon its independent investigation of the operations, businesses, financial and other conditions, and prospects of the Company Parties.

Appears in 3 contracts

Samples: Restructuring Support Agreement (Party City Holdco Inc.), Restructuring Support Agreement (Valaris PLC), Restructuring Support Agreement

Independent Due Diligence and Decision Making. Each Consenting Stakeholder hereby confirms that its decision to execute this Agreement agreement has been based upon its independent investigation of the operations, businesses, financial and other conditions, and prospects of the Company Parties.

Appears in 3 contracts

Samples: Restructuring Support and Lock Up Agreement (Seadrill LTD), Restructuring Support and Lock Up Agreement (North Atlantic Drilling Ltd.), Restructuring Support Agreement

Independent Due Diligence and Decision Making. Each Consenting Stakeholder hereby confirms that its decision to execute this Agreement has been based upon its independent investigation of the operations, businesses, financial and other conditions, and prospects of the Company Parties. Each Consenting Stakeholder acknowledges and agrees that it is not relying on any representations or warranties other than as set forth in this Agreement.

Appears in 3 contracts

Samples: Restructuring Support Agreement (Pioneer Energy Services Corp), Restructuring Support Agreement (Foresight Energy LP), Restructuring Support Agreement (Foresight Energy LP)

Independent Due Diligence and Decision Making. Each Consenting Stakeholder Noteholder hereby confirms that its decision to execute this Agreement has been based upon its independent investigation of the operations, businesses, financial and other conditions, conditions and prospects of the Company PartiesCompany.

Appears in 2 contracts

Samples: Restructuring Support Agreement (Circus & Eldorado Joint Venture), Restructuring Support Agreement (Franklin Resources Inc)

Independent Due Diligence and Decision Making. Each Consenting Stakeholder hereby confirms that its decision to execute this Agreement has been based upon its independent investigation of the operations, businesses, financial and other conditions, and prospects of the Company PartiesParties and that it has been represented by counsel or other advisors (or has had ample opportunity to seek representation or advice from counsel or other advisors) in connection with this Agreement and the Restructuring Transactions.

Appears in 2 contracts

Samples: Plan Support Agreement (Vanguard Natural Resources, Inc.), Plan Support Agreement (Vanguard Natural Resources, Inc.)

Independent Due Diligence and Decision Making. Each Consenting Stakeholder and Shareholder hereby confirms that its decision to execute this Agreement agreement has been based upon its independent investigation of the operations, businesses, financial and other conditions, and prospects of the Company Parties.an...

Appears in 1 contract

Samples: Plan Support and Lock Up Agreement

Independent Due Diligence and Decision Making. Each Consenting Stakeholder Term Lender hereby confirms that its decision to execute this Agreement has been based upon its independent investigation of the operations, businesses, financial and other conditions, and prospects of the Company Parties.

Appears in 1 contract

Samples: Plan Support Agreement (Pier 1 Imports Inc/De)

Independent Due Diligence and Decision Making. Each Consenting Stakeholder hereby confirms that its decision to execute this Agreement has been based upon its independent investigation of the operations, businesses, financial and other conditions, and prospects of the Company Parties. Each Consenting Stakeholder acknowledges and agrees that it is not relying on any representations or warranties other than as set forth in this Agreement or any other Definitive Document.

Appears in 1 contract

Samples: Restructuring Support Agreement (Spirit Airlines, Inc.)

Independent Due Diligence and Decision Making. Each Consenting Stakeholder Lender hereby confirms that its decision to execute this Agreement has been based upon its independent investigation of the operations, businesses, and financial and other conditions, and prospects of the Company Parties.

Appears in 1 contract

Samples: Restructuring Support Agreement (Pennsylvania Real Estate Investment Trust)

Independent Due Diligence and Decision Making. Each Consenting Stakeholder Supporting Noteholder hereby confirms that its decision to execute this Agreement has been based upon its independent investigation of the operations, businesses, financial and other conditions, and prospects of the Company Parties.

Appears in 1 contract

Samples: Transaction Support Agreement (Carvana Co.)

Independent Due Diligence and Decision Making. Each Consenting Stakeholder hereby confirms that its decision to execute this Agreement has been based upon its independent investigation of the operations, businesses, financial financial, and other conditions, and prospects of the Company Parties.

Appears in 1 contract

Samples: Restructuring Support Agreement (QualTek Services Inc.)

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Independent Due Diligence and Decision Making. Each Consenting Stakeholder Debtholder hereby confirms that its decision to execute this Agreement has been based upon its independent investigation of the operations, businesses, financial and other conditions, conditions and prospects of the Company PartiesCompany.

Appears in 1 contract

Samples: Restructuring Support Agreement (Revel AC, Inc.)

Independent Due Diligence and Decision Making. Each Consenting Stakeholder Subordinated Noteholder hereby confirms that its decision to execute this Agreement has been based upon its independent investigation of the operations, businesses, financial and other conditions, conditions and prospects of the Company PartiesCompany.

Appears in 1 contract

Samples: Recapitalization Support Agreement (21st Century Oncology Holdings, Inc.)

Independent Due Diligence and Decision Making. Each Consenting Stakeholder Noteholder hereby confirms that its decision to execute this Agreement has been based upon its independent investigation of the operations, businesses, financial and other conditions, and prospects of the Company PartiesCompany.

Appears in 1 contract

Samples: Restructuring Support and Lock Up Agreement

Independent Due Diligence and Decision Making. Each Consenting Stakeholder Sponsoring Noteholder hereby confirms that its decision to execute this Agreement has been based upon its independent investigation of the operations, businesses, financial and other conditions, conditions and prospects of the Company PartiesCompany.

Appears in 1 contract

Samples: Restructuring Support Agreement (ProSomnus, Inc.)

Independent Due Diligence and Decision Making. Each Consenting Stakeholder Senior Noteholder hereby confirms that its decision to execute this Agreement has been based upon its independent investigation of the operations, businesses, financial and other conditions, and prospects of the Company Parties.

Appears in 1 contract

Samples: Restructuring Support Agreement (Extraction Oil & Gas, Inc.)

Independent Due Diligence and Decision Making. Each Consenting Stakeholder Noteholder hereby confirms that its decision to execute this Agreement has been based upon its independent investigation of the operations, businesses, financial financial, and other conditions, and prospects of the Company Parties.

Appears in 1 contract

Samples: Restructuring Support Agreement (Frontier Communications Corp)

Independent Due Diligence and Decision Making. Each Consenting Stakeholder Creditors hereby confirms that its decision to execute this Agreement has been based upon its independent investigation of the operations, businesses, financial and other conditions, and prospects of the Company Parties.

Appears in 1 contract

Samples: Restructuring Support Agreement (View, Inc.)

Independent Due Diligence and Decision Making. Each Consenting Stakeholder hereby confirms that its decision to execute this Agreement has been based upon its independent investigation of the operations, businesses, financial and other conditions, and prospects of the Company PartiesParty.

Appears in 1 contract

Samples: Restructuring Support Agreement (Accelerate Diagnostics, Inc)

Independent Due Diligence and Decision Making. Each of the Consenting Stakeholder Creditors hereby confirms that its decision to execute and deliver this Agreement has been based upon its independent investigation of the operations, businesses, financial and other conditions, and prospects of the Company Parties.

Appears in 1 contract

Samples: Restructuring Support Agreement (Denbury Resources Inc)

Independent Due Diligence and Decision Making. Each Consenting Stakeholder Supporting Noteholder hereby confirms that its decision to execute this Agreement has been based upon its independent investigation of the operations, businesses, financial and other conditions, conditions and prospects of the Company PartiesCompany.

Appears in 1 contract

Samples: Restructuring Support Agreement (Egalet Corp)

Independent Due Diligence and Decision Making. Each Consenting Stakeholder hereby confirms that its decision to execute this Agreement has been based upon its independent investigation of the operations, businesses, financial and other conditions, and prospects of the Company PartiesCompany.

Appears in 1 contract

Samples: Restructuring Support Agreement (WESTMORELAND COAL Co)

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