Recapitalization Documents Sample Clauses

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), and each Agent shall be satisfied with the terms and conditions contained in, 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 that are required to be delivered pursuant to the terms of the Recapitalization Agreement and agreements related thereto. 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 Recapitalization unless otherwise agreed to by the Required Lenders.

Recapitalization Documents. 68 11.2. Certified Copies of Charter Documents. . . . . . . . . . .69 11.3. Corporate Action. . . . . . . . . . . . . . . . . . . . .69 11.4.

Recapitalization Documents. 81 SECTION 4.26 Fees........................................................................... 82 SECTION 4.27 Government Consents for Conduct of Business.................................... 82 SECTION 4.28 Labor Disputes; Collective Bargaining Agreement; Employee Grievances ................................................. 83 SECTION 4.29

Recapitalization Documents. A copy, certified as true and correct -------------------------- by the Secretary or an Assistant Secretary of the Company, of each of (a) the Recapitalization Documents (including all exhibits and schedules thereto) and (b) the Management Notes.

Recapitalization Documents. The Indenture, the Senior Notes, the PIK Preferred Stock, the Warrants, the Holdings Indenture and the Holdings Debentures.

Recapitalization Documents. Certified, fully executed copies of all Recapitalization Documents as in effect on the Closing Date.

Recapitalization Documents. The Borrower shall have entered into each of the Recapitalization Documents to which it is a party on terms and conditions satisfactory to the Administrative Agent; there shall not have been any material modification, amendment, supplement or waiver to any Recapitalization Document without the prior written consent of the Administrative Agent, including any modification, amendment, supplement or waiver relating to the amount or type of consideration to be paid in connection with the transactions contemplated by any Recapitalization Document or the contents of any disclosure schedules and exhibits; and the Administrative Agent shall have received a final executed copy of each Recapitalization Document, together with all exhibits and schedules thereto, certified as such by an officer of the Borrower.