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 and the Plan shall not have been amended or modified in any material respect without the consent of the Investors;
Appears in 3 contracts
Samples: Investment Agreement (Bally Total Fitness Holding Corp), Investment Agreement (Bally Total Fitness Holding Corp), Investment Agreement (Harbinger Capital Partners Master Fund I, Ltd.)
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 and the Plan shall not have been amended or modified in any material respect without the consent of the InvestorsPlan;
Appears in 3 contracts
Samples: Investment Agreement (Bally Total Fitness Holding Corp), Investment Agreement (Bally Total Fitness Holding Corp), Investment Agreement (Harbinger Capital Partners Master Fund I, Ltd.)
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 by the Investors in accordance with the Plan its discretion and the Plan shall not have been amended or modified in any material respect without the consent of the Investors;
Appears in 1 contract
Samples: Investment Agreement (Harbinger Capital Partners Master Fund I, Ltd.)
