Recapitalization Documents. The Recapitalization Documents listed on Schedule 3.23 attached hereto constitute all of the material agreements, instruments and undertakings to which any of the Loan Parties is bound or by which any such Person or any of its Property is bound or affected relating to, or arising out of, the Recapitalization Transactions (including, without limitation, any agreements, instruments or undertakings assumed pursuant to the Recapitalization Agreement). None of such Recapitalization Documents have been amended, supplemented or otherwise modified, and all such material agreements, instruments and undertakings are in full force and effect as of the date hereof. As of the date hereof, no party to any of such Recapitalization Documents is currently in default thereunder and no party thereto, or any other Person, has the right to terminate any such material agreements, instruments and undertakings.
Recapitalization Documents. Each of the Recapitalization Documents shall have been duly executed and delivered by the respective parties thereto, shall be in full force and effect and shall be in form and substance satisfactory to each of the Banks. Each Bank shall have received a fully executed copy of each such document.
Recapitalization Documents. There shall occur and be continuing any Event of Default under and as defined in any Recapitalization Document; or
Recapitalization Documents. The Administrative Agent shall have received (with copies for each Lender) a fully executed copy of the Recapitalization Agreement, and, to the extent required by Section 5.1.3, all other documents and instruments delivered in connection with the consummation of the Recapitalization Transactions that are required to be delivered pursuant to the terms of the Recapitalization Agreement. The Recapitalization Agreement shall be in full force and effect and shall not have been modified or waived in any material respect, nor shall there have been any forbearance to exercise any material rights with respect to any of the terms or provisions relating to the conditions to the consummation of the Transactions in the Recapitalization Agreement unless otherwise agreed to by the Required Lenders.
Recapitalization Documents. Certified, fully executed copies of all Recapitalization Documents as in effect on the Closing Date.
Recapitalization Documents. The Administrative Agent shall have received, with a copy for each Lender, a copy of the Recapitalization Agreement and any of the other related documentation reasonably requested by the Administrative Agent, certified by a Responsible Officer of the Borrower.
Recapitalization Documents. Agent shall have received final executed copies of the Recapitalization Documents and all related agreements, documents and instruments as in effect on the Closing Date and the transactions contemplated by such documentation including the transactions contemplated by Section 9.18 thereof shall be consummated to the satisfaction of Agent;
Recapitalization Documents. The Company delivered to the Administrative Agent true, complete and correct copies of the Recapitalization Documents, together with all amendments and modifications thereto, on the Closing Date. The Recapitalization Documents (including the schedules and exhibits thereto) comprise a full and complete copy of all agreements between the parties thereto with respect to the subject matter thereof and all transactions related thereto, and there are no agreements or understandings, oral or written, or side agreements not contained therein that relate to or modify the substance thereof. The Recapitalization Documents have been duly authorized by all necessary corporate action on the part of each Borrower and each of its Subsidiaries party thereto, and, when executed and delivered by such Borrower and each such Subsidiary, shall be enforceable in accordance with their respective terms except as such enforcement may be limited by bankruptcy, insolvency, fraudulent conveyance, moratorium or similar state or federal debtor relief laws which affect the enforcement of creditors' rights in general and the availability of equitable remedies. The representations and warranties made by each Borrower and each of its Subsidiaries party thereto, and to the best knowledge of each Borrowers and each of its Subsidiaries after due inquiry, the representations and warranties made by any other Person contained in the Recapitalization Documents, are true and correct and no default or event of default exists thereunder.
Recapitalization Documents. Certified Copies of Charter Documents....................................105 -------------------------------------- 13.1.
Recapitalization Documents. Those documents executed by the Parent, the Borrower and certain other Persons, in connection with the Recapitalization, including (i) the Merger Agreement, (ii) the Securities Agreement, among the Parent, Andsonica Acquisition Corp., Holdings and the Security Holders listed therein, dated as of June 13, 2000, (iii) the Noncompetition and Nonsolicitation Agreement among Brentwood Private Equity L.L.C., Charlesbank Capital Partners L.L.C., Holdings and the Parent, dated as of June 13, 2000, (iv) the 18% Senior Merger Debentures, and (v) the other documents listed on Schedule 1.3 hereto.
