Common use of New Organizational Documents Clause in Contracts

New Organizational Documents. On or immediately prior to the Effective Date, the New Organizational Documents shall be amended in a manner reasonably acceptable to the Debtors and acceptable to BCEI and the Required Consenting Noteholders and consistent with the TSA and the Merger Agreement (and subject to the consent, approval, and consultation rights set forth in each), as may be necessary to effectuate the transactions contemplated by the Plan. Each of the Reorganized Debtors will file its New Organizational Documents with the applicable Secretaries of State and/or other applicable authorities in its respective state, province, or country of organization in accordance with the applicable laws of the respective state, province, or country of organization. The New Organizational Documents will prohibit the issuance of non-voting BCEI Common Stock, to the extent required under section 1123(a)(6) of the Bankruptcy Code. After the Effective Date, the Reorganized Debtors may amend and restate their respective New Organizational Documents, and the Reorganized Debtors may file such amended certificates or articles of incorporation, bylaws, or such other applicable formation documents, and other constituent documents as permitted by the laws of the respective states, provinces, or countries of organization and the New Organizational Documents.

New Organizational Documents. On or immediately prior to the Effective Date, the New Organizational Documents shall be amended in a manner reasonably acceptable to adopted automatically by the applicable Reorganized Debtors and acceptable to BCEI shall be amended or amended and the Required Consenting Noteholders and consistent with the TSA and the Merger Agreement (and subject to the consentrestated, approval, and consultation rights set forth in each)as applicable, as may be necessary required to effectuate be consistent with the transactions contemplated by provisions of the Plan, the Restructuring Support Agreement, and the Restructuring Transactions Memorandum. Each To the extent required under the Plan or applicable non-bankruptcy law, each of the Reorganized Debtors will file its New Organizational Documents with the applicable Secretaries Secretary of State and/or other applicable authorities in its respective state, province, province or country of organization if and to the extent required in accordance with the applicable laws of the respective state, province, province or country of organization. The New Organizational Documents will authorize the issuance of the New Equity and will prohibit the issuance of non-voting BCEI Common Stockequity Securities, to the extent required under section 1123(a)(6) of the Bankruptcy Code. After the Effective Date, the Reorganized Debtors may amend and restate their respective New Organizational DocumentsDocuments in accordance with the terms thereof and in compliance with the laws of their jurisdiction or organization, and the Reorganized Debtors may file such amended certificates or articles of incorporation, bylaws, or such other applicable formation documents, and other constituent documents as permitted by the laws of the respective states, provinces, or countries of organization incorporation and the New Organizational Documents.