Plan Effectiveness. All conditions precedent to the effectiveness of the Plan (other than those relating to the Closing hereunder) shall have been fully satisfied or waived in accordance with the Plan;
Plan Effectiveness. All conditions to the occurrence of the Effective Date shall have occurred;
Plan Effectiveness. The applicable conditions precedent in Section 9.1 of the Plan shall have been satisfied or waived.
Plan Effectiveness. All conditions to the Effective Date have been satisfied prior to the date hereof, and all of the events contemplated by the Plan which are to occur or become effective on the Effective Date shall have become effective or occurred, including without limitation the filing of the Company’s Amended and Restated Certificate of Incorporation, the Reverse Stock Split (as defined in the Plan), the cancellation of the Company’s obligations under the 5% Convertible Subordinated Notes, due on April 1, 2007 and the issuance of shares of Common Stock in respect thereof, and the cancellation of the Old Redback Common Stock Related Interests (as defined in the Plan), and no actions, motions, suits or disputes is pending or threatened with respect to the Confirmation Order, occurrence of the Effective Date, or any of the events contemplated by the Plan which are to occur or become effective on the Effective Date, and the Company does not have any reason to believe that any such action, motion, suit or dispute will be filed or arise. The transactions contemplated by this Agreement and the Investor Rights Agreement do not conflict with or violate the Plan, the Confirmation Order or the Lock-Up Agreements (as defined in the Plan). None of the Shares, Warrants, Warrant Shares and Conversion Shares shall constitute “Old Redback Interests,” “Post-Split Common Stock” or “Interests” under the Plan.
Plan Effectiveness. 3 ------------------ 2.2 Execution and Delivery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ---------------------- 2.3 Registration Rights Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ----------------------------- ARTICLE 3 REPRESENTATIONS AND WARRANTIES OF THE COMPANY . . . . . . . . . . . . . 3 3.1 Organization and Standing of the Company . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ---------------------------------------- 3.2 Partnership Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ------------------ 3.3 Governmental Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ---------------------- 3.4 Compliance with Other Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 --------------------------------- 3.5 Securities Act of 1933 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ---------------------- 3.6 No Brokers or Finders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 --------------------- 3.7 Capitalization; Status of Units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ------------------------------- ARTICLE 4 REPRESENTATIONS AND WARRANTIES OF UNITHOLDERS . . . . . . . . . . . . . 5 4.1 Representations by each Unitholder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ---------------------------------- ARTICLE 5 REPORTING REQUIREMENTS . . . . . . . . . . . . . . . . . . 5 ARTICLE 6
Plan Effectiveness. All conditions precedent to the effectiveness of the Plan (other than the execution and delivery of this Agreement) shall have been satisfied or waived in accordance with the provisions of the Plan.
Plan Effectiveness. The final orders confirming both the Plan of Reorganization and the Canadian Plans of Reorganization shall have been entered and shall be satisfactory to the Joint Lead Arrangers, all conditions precedent to the effectiveness, implementation or consummation thereof shall have been satisfied (and not waived without the prior written consent of the Joint Lead Arrangers), each of the Plan of Reorganization and the Canadian Plans of Reorganization shall have been consummated and implemented and, concurrently with the Closing Date, with respect to the Parent and its Subsidiaries, all prepetition claims, obligations under any debtor-in-possession credit facility, post-petition claims and administrative expenses shall have been discharged or otherwise treated in accordance with the Plan of Reorganization and the Canadian Plans of Reorganization.
Plan Effectiveness. The final orders confirming both the Plan of Reorganization and the Canadian Plans of Reorganization shall have been entered, all conditions precedent to the effectiveness, implementation or consummation thereof shall have been satisfied, and the Plan of Reorganization and the Canadian Plans of Reorganization shall have been consummated and implemented.
Plan Effectiveness. The Plan shall be amended, restated and continued by the Company as of March 27, 2009.
Plan Effectiveness. The Plan shall be amended, restated and continued by the Company as of the Effective Time; provided that if the Merger Agreement is not approved by the shareholders of the Company or does not otherwise become effective, then this amendment and restatement shall not take effect, and the Plan as amended through March 27, 2009, shall remain in effect.
