OpCo. The OpCo New Board shall consist of three voting members to be designated by CEC (or New CEC), one of whom shall be independent and reasonably acceptable to the Requisite Consenting Bond Creditors. The independent director shall be a member of all committees of the OpCo New Board. There also shall be one non-voting observer, reasonably acceptable to OpCo, to be designated by the Requisite Consenting Bond Creditors. The observer shall be given notice of and an opportunity to attend the portion of all meetings, including applicable committee meetings, of the OpCo New Board concerning business and strategy session matters and other matters that would have an adverse material economic impact on PropCo (and receive all materials given to OpCo board members in connection with such matters), including with regard to matters related to capital expenditures, budgeting, planning, and construction of capital improvements for existing and new casino, gaming, and related facilities, subject to appropriate limitation in respect of privilege issues.
OpCo. “Opco” shall mean Xxxxxx Packaging Company, L.P., a Delaware limited partnership (formerly known as Xxxxxx Packaging Holdings I, L.P.).
OpCo. (i) The Borrower shall cease to own directly 100% of the Equity Interests of OpCo Holdings, (ii) OpCo Holdings shall cease to own directly 100% of the Equity Interests of OpCo or (iii) any sale of all or substantially all of the assets of OpCo and its Subsidiaries shall occur, in each case, other than as a result of any foreclosure under the OpCo Loan Documents or as a result of any sale in accordance with Section 6.19(c) and Section 7.18 where the Net Cash Proceeds of such disposition have been applied to prepayment of the Term Loans pursuant to Section 2.05(b)(ii); or
OpCo. OpCo is an indirect, wholly owned subsidiary of CEC and an Affiliate of PropCo.
OpCo. Until the AT&T Fall-Away Date, to the extent that any Stockholder Party (including their respective Permitted Transferees) other than Avellan has rights to nominate and appoint any representative(s) to the board of managers or other applicable governing body of OpCo, then the AT&T Holders shall also have such corresponding rights to a manager, observer or other applicable representative (the “AT&T OpCo Representative”) based on the foregoing provisions of this Section 3(f), mutatis mutandis.
OpCo. The Parties have agreed to engage a wholly-owned subsidiary of Resin Canada ("OpCo") to conduct the day to day operations of the Joint Venture. The Parties further agree that OpCo's activities shall be subject to the strategic direction and control of the Management Committee and the express provisions of an operating agreement approved by the Parties, a form of which is attached hereto as Schedule "C" (the "Operating Agreement").
OpCo. Either (i) a Change of Control occurs for OPCO without the ---- written consent of the Borrower (which shall not be given without the consent of the Required Lenders) or (ii) OPCO shall generally not pay its debts as such debts become due, or shall admit in writing its inability to pay its debts generally, or shall make a general assignment for the benefit of creditors; or any proceeding shall be instituted by or against the OPCO or any of its Subsidiaries seeking to adjudicate it a bankrupt or insolvent, or seeking liquidation, winding up, reorganization, arrangement, adjustment, protection, relief, or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief of debtors, or seeking the entry of an order for relief or the appointment of a receiver, trustee or other similar official for it or for any substantial part of its property and, in the case of any such proceeding instituted against OPCO or any of its Subsidiaries, either such proceeding shall remain undismissed for a period of 60 days or any of the actions sought in such proceeding shall occur; or OPCO or any of its Subsidiaries shall take any corporate action to authorize any of the actions set forth above in this paragraph (k);
OpCo. On or before the date the Confirmation Order becomes a Final Order, the Company shall cause Opco to become a party to this Agreement, and the Acquiror and Parent shall consent to amend this Agreement to include Opco as a party hereto.
