Recapitalization Agreement. The Recapitalization shall have been consummated, or substantially concurrently with the initial Extensions of Credit hereunder and the borrowings under the Second-Lien Credit Agreement shall be consummated, substantially in accordance with the Recapitalization Agreement and all material conditions precedent to the consummation of the Recapitalization set forth in such Recapitalization Agreement shall have been satisfied or waived with the consent of the Lead Arrangers (such consent not to be unreasonably withheld or delayed). The Recapitalization Agreement, the structure and terms of the Recapitalization (including the Seller Note) and the documentation for each component of the Recapitalization shall be reasonably satisfactory in all material respects in form and substance to the Lead Arrangers, and such documentation shall not have been amended, supplemented or otherwise changed in a manner materially adverse to the Lenders without the consent of the Lead Arrangers (such consent not to be unreasonably withheld or delayed). It is expressly acknowledged by the Lead Arrangers that (i) the terms and conditions of the Recapitalization Agreement (and all exhibits, annexes and schedules thereto), dated as of October 6, 2006 and (ii) the structure and terms of the Recapitalization specified therein, are so satisfactory.
Recapitalization Agreement. The Company shall have executed the Recapitalization Agreement in substantially the form of Exhibit N hereto (the "Recapitalization Agreement") and shall have caused each of the holders of the Company's Common Stock purchase warrants listed on the signature page thereto (the "Warrant Holders") to have executed the Recapitalization Agreement, providing for the Warrant Holders surrender to the Company of the common stock purchase warrants described in Schedule A to the Recapitalization Agreement in exchange for an aggregate of approximately 5,970,083 shares of the Company's Common Stock and the transaction contemplated thereby shall have been consummated.
Recapitalization Agreement. The Recapitalization Agreement and the other Transaction Documents (as defined in the Recapitalization Agreement), which shall have been duly executed and delivered by each of the parties thereto and the transactions contemplated thereby shall have been consummated; and
Recapitalization Agreement. “Recapitalization Agreement” shall mean the Agreement and Plan of Recapitalization, Redemption and Purchase dated as of December 18, 1997, by and among the Partnership, the Xxxxxx Partners, the GPC Partners, Xxxxxx Engineering Corporation, Xxxxxx Recycling Corporation and DCG.
Recapitalization Agreement. The representations and warranties set within Section 6.2 of the Recapitalization Agreement dated as of the date of Closing among the Company and the other parties named therein (the "Recapitalization Agreement") (a copy of which representations and warranties are attached hereto as Schedule 2.7) are hereby incorporated by reference and the Company hereby expressly restates such representations and warranties as its own. Except as set forth on Schedule 2.7 hereto, all of the representations and warranties contained in the Recapitalization Agreement (including the exhibits and schedules attached thereto) are true and correct in all material respects and the terms of the Recapitalization Agreement have not been revised or amended.
Recapitalization Agreement. On the Closing Date, (i) the Recapitalization Agreement has not been amended or modified, nor has any condition thereof been waived by Holdings or the Borrower, (ii) all conditions to the obligations of Holdings and the Borrower to consummate the transactions contemplated by the Recapitalization Agreement have been satisfied, (iii) all funds advanced on the Closing Date by the Lenders have been used in accordance with Section 5.18 and (iv) the transactions contemplated by the Recapitalization Agreement have been consummated in accordance with the Recapitalization Agreement and all applicable Laws.
Recapitalization Agreement. Except as specifically amended hereby, the Recapitalization Agreement shall continue in full force and effect in accordance with the provisions thereof as in existence on the date hereof. After the date hereof, any reference to the Recapitalization Agreement shall be deemed to be a reference to the Recapitalization Agreement as amended hereby.
Recapitalization Agreement. The Family acknowledges and agrees that, at the effective time of the Company Merger, the Agreement and Plan of Recapitalization, Redemption and Purchase, dated December 18, 1997, by and among Holdings, Holdings GP, the Company, Xxxxxx X. Xxxxxx, Xxxxxx Packaging Corporation, Xxxxxx Family Growth Partnership, Xxxxxx Engineering Corporation, Xxxxxx Capital Corporation and Xxxxxx Recycling Corporation shall terminate and cease to have any further force or effect.
Recapitalization Agreement. As of the Closing Date, to the best knowledge of the Borrower, the representations and warranties of the Transferors set forth in the Recapitalization Agreement are true and correct.
Recapitalization Agreement. The agreements contained herein shall be without prejudice to any of the rights, benefits and indemnities in favor of Subtenant or Sublandlord under the Recapitalization Agreement between Sublandlord and Subtenant or its affiliates.
