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 29 contracts

Samples: Intercreditor Agreement (CURO Group Holdings Corp.), Transaction Support Agreement (JOANN Inc.), Restructuring Support Agreement (WeWork 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 8 contracts

Samples: Restructuring Support Agreement (Venator Materials PLC), Restructuring Support Agreement (Gamida Cell Ltd.), Management Incentive Plan (Intelsat S.A.)

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 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 4 contracts

Samples: Transfer Agreement (National CineMedia, Inc.), Agreement, Plan Support Agreement (Exide Technologies)

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 prospect of the Company PartiesHoldings and its subsidiaries.

Appears in 3 contracts

Samples: Exchange Agreement (Suncom Wireless Inc), Exchange Agreement (Highland Capital Management Lp), Exchange Agreement (Pardus Capital Management L.P.)

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: Backstop Commitment Agreement, Collateral Agreement, Backstop Commitment 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, 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: Ascena Retail (Ascena Retail Group, Inc.), Noteholder Warrant Agreement (GTT Communications, Inc.), Ascena Retail (Ascena Retail Group, Inc.)

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: Seadrill LTD, North Atlantic Drilling Ltd., cases.primeclerk.com

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

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... 14.11

Appears in 2 contracts

Samples: Backstop Commitment Agreement, Collateral 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 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 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 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: Intercreditor Agreement (Carvana Co.)

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 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 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 Parties.Holdings and its subsidiaries. -31-

Appears in 1 contract

Samples: Exchange Agreement (DiMaio Ahmad Capital LLC)

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.)

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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 Creditor 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

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)

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 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 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. 16.12.

Appears in 1 contract

Samples: Appgate, 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. (a) Each Consenting Stakeholder of the parties hereby confirms that its decision to execute this Agreement has been based upon its independent investigation of the operations, businessesbusiness, financial and other conditions, conditions and prospects of the Company PartiesCompany.

Appears in 1 contract

Samples: Restructuring Agreement (Satelites Mexicanos Sa De Cv)

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: Credit and Guaranty Agreement (QualTek Services 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 PartiesParty.

Appears in 1 contract

Samples: Restructuring Support Agreement (Accelerate Diagnostics, Inc)

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