Management Discussions. The Parties agree to make a diligent, good-faith attempt to resolve all Disputes. If the Parties are unable to resolve a Dispute arising under this Agreement within three (3) Business Days after notice from one Party to the other, such Dispute will be submitted promptly to the senior executive officers of the Parties, who will meet, in person or by telephone, not later than ten (10) days after the date such Dispute was submitted to them. In the event that the officers cannot resolve the Dispute within five (5) Business Days after the matter is submitted to them, then, unless otherwise agreed, the Parties will refer such Dispute to mediation proceedings under Section 24.3.
Management Discussions. If representatives of the Parties cannot resolve a Dispute within 15 days, each Party shall prepare a written statement of its position and deliver it to the other Party within 10 days after the expiry of the initial 15 day period, and one or more senior officers from each Party shall meet in person within 15 days in an effort to resolve the Dispute. If the senior officers of either Party determine at any time that the Dispute cannot be resolved without referral of the Dispute to an independent third party, such Party shall notify the other Party that it wants to submit the Dispute to mediation or arbitration in accordance with Sections 17.1.3 or 17.2, respectively; provided, however, that no Party shall seek arbitration of any Dispute until a period of at least 20 days has elapsed since the Dispute was referred to such senior officers, without a resolution having been reached. The pendency of a Dispute shall not delay progress of the Work or relieve either Party from its duty to perform its obligations under this Agreement.
Management Discussions. The Company shall cause its senior management team, and use commercially reasonable efforts to cause representatives of Weil, Gotshal & Mxxxxx LLP and Mxxxxx Buckfire and Co., LLC (collectively, the “Company Advisors”), to discuss (at the option of the Company, in person or telephonically), on a bi-weekly basis during regular business hours and for reasonable durational periods (any such discussions to occur at mutually agreeable times), with representatives of Pxxx Xxxxx and Blackstone (collectively, the “Noteholder Advisors” and, together with the Company Advisors, collectively, the “Professional Advisors”) and any Holder party hereto who executes the Confidentiality Agreement (any such Holder, a “Restricted Holder”), the Company’s ongoing financial performance, operations and liquidity.”
Management Discussions. The Company shall (x) cause its senior management team, and use its commercially reasonable efforts to cause Mxxxxx Buckfire and other appropriate legal advisors, to discuss (at the option of the Company, in person or telephonically), on a bi-weekly basis during regular business hours and for reasonable durational periods, with the Agent, its legal advisor and Moelis and Company and such other professional advisors retained from time to time by Agent, and the Lenders identified to the Company as the steering committee (the “Steering Committee”), among other things, ongoing financial performance and operations, liquidity and progress with respect to any asset sale, merger, consolidation or other business combination, equity infusion, financing proposals (including, without limitation, progress reports on the proposed debtor in possession or exit financing (“DIP/Exit Financing”)), change of control transaction or restructuring or plan proposal (each, a “Proposed Transaction”); provided that, the Company shall have no obligation to discuss with the Agent, its legal advisors or the Steering Committee any competing DIP/Exit Financing transaction and (y) no later than Wednesday of each week (or the next succeeding Business Day if Wednesday is not a Business Day), deliver to the Agent (for further distribution to the Steering Committee), summaries of the material terms of each letter of intent, memorandum of understanding or similar indication of interest or other agreement received (or entered into) by the Company or its legal advisors (or any material modifications thereto) with respect to any Proposed Transaction (other than with respect to any competing DIP/Exit Financing), prepared by the Company exercising its reasonable judgment as to the information to be disclosed to the Agent and the Steering Committee (it being understood that no such weekly summary shall be required to the extent the Company has not received any such proposals or documents or there have been no material modifications to previously received proposals or documents which have been previously summarized).
Management Discussions. The Company shall cause its senior management team, and use its commercially reasonable efforts to cause Mxxxxx Buckfire & Co., LLC (“Mxxxxx Buckfire”) and other appropriate legal advisors, to discuss (at the option of the Company, in person or telephonically), on a bi-weekly basis during regular business hours and for reasonable durational periods, with the Agent, its legal advisor and Moelis and Company (“Moelis”) and such other professional advisors retained from time to time by the Agent, and the Lenders identified to the Company as the steering committee (the “Steering Committee”), the ongoing financial performance, operations and liquidity of the Company.”
(ii) amending and restating clause “(l)” thereof in its entirety to read as follows:
Management Discussions. The Company shall (i) cause its senior management team, and use its commercially reasonable efforts to cause Xxxxxx Buckfire and other appropriate legal advisors, to discuss (at the option of the Company, in person or telephonically), on a bi-weekly basis during regular business hours and for reasonable durational periods (any such discussions to occur at mutually agreeable times), with Xxxx Xxxxx and Blackstone and such other professional advisors retained from time to time by the Noteholder Group (it being understood that the fees and expenses of any such additional advisors shall not be required to be paid by the Company or any of its Affiliates to the extent such payment would result in the termination of the Second Forbearance Period pursuant to Section 2 of the Lenders’ Forbearance Agreement), the ongoing financial performance and operations and progress with respect to the restructuring process; and (ii) deliver to Xxxx Xxxxx and Blackstone (other than with respect to equity financing proposals) the same information in the same time frame as that which is provided under Section 5(h) of the Lenders’ Forbearance Agreement.
Management Discussions. In addition to any discussions ---------------------- provided for in Sections 5.2 (a) or 7.4 (b), Parent and Borrowers ---------------- ------- shall make available their chief financial officer, treasurer or other relevant members of management for a telephonic meeting upon the request of Agent or any of the Lenders acting through the Agent (but not more frequently than one call per month for all Lenders) to discuss the financial results of Parent and its Subsidiaries reflected in the monthly Financial Statements delivered to Agent and the Lenders pursuant to Section 5.2 (a) --------------- or (b). Such meetings shall take place within 5 Business Days --- of the dissemination of such Financial Statements.
Management Discussions. If representatives of the Parties cannot resolve a Dispute within fifteen (15) Days, each Party shall prepare a written statement of its position and deliver it to the other Party within ten (10) 1 Time limit on indemnities to be resolved in conjunction with resolution of insurance issues. Days after the expiry of the initial fifteen (15) Day period, and one or more senior officers from each Party shall meet in person within fifteen (15) Days in an effort to resolve the Dispute. If the senior officers of either Party determine at any time that the Dispute cannot be resolved without referral of the Dispute to an independent third party, such Party shall notify the other Party that it wants to submit the Dispute to mediation or arbitration in accordance with Sections 17.1.3 or 17.2, respectively; provided, however, no Party shall seek arbitration of any Dispute until a period of at least twenty (20) Days has elapsed since the Dispute was referred to such senior officers, without a resolution having been reached. The pendency of a Dispute shall not delay progress of the Work or relieve either Party from its duty to perform its obligations under this Agreement.
Management Discussions. The Parties agree to make a diligent, good-faith attempt to resolve all Disputes. If the Authorized Representatives of the Parties are unable to resolve a Dispute arising under this Contract within ten (10) calendar days after written notice from one Party to the other, such Dispute will be submitted promptly to a senior executive officer of each Party, who will meet, in person or by telephone, not later than ten (10) calendar days after the date such Dispute was submitted to them. If the officers cannot resolve the Dispute within five (5) Business Days after the first meeting to resolve the matter, then, upon mutual agreement of the Parties, the Parties will refer such Dispute to mediation proceedings under Section 17.3. If the Parties do not mutually agree to refer such Dispute to mediation, then the Parties shall be free to pursue all rights and remedies available under the law.
Management Discussions. The Company shall use commercially reasonable efforts to promptly reply to due diligence inquiries from Deutsche Bank, including, without limitation, furnishing requested materials and making senior management available for due diligence conference calls, upon the reasonable request of Deutsche Bank.
