Common use of REPRESENTATIONS OF THE CONSENTING CREDITORS Clause in Contracts

REPRESENTATIONS OF THE CONSENTING CREDITORS. Each Consenting Creditor makes the following representations and warranties to each of the other Parties at the times set out in Clause 13 (Times when representations made): (a) it is either: (i) the holder of its Supporting Claims; or (ii) a fund, investment manager or other entity advising or managing an Existing Senior Creditor, and, in each case, it is authorised and legally entitled and able to control the exercise of votes in relation to its Supporting Claims (or, in the case of sub-paragraph (ii) above, the Supporting Claims of the Existing Senior Creditor it advises or manages) in order to comply with the terms of this Agreement; and (b) the aggregate principal amount of its Supporting Claims is as set out in its Supporting Claims Notice (as applicable) or any further Supporting Claims Notices it provides to the Company and the Company Advisors via the Information Agent, provided, however, to the extent that this Agreement is executed on behalf of an Existing Senior Creditor, the foregoing representations and warranties shall apply to the investment manager or advisor in regard to such Existing Senior Creditor.

Appears in 4 contracts

Samples: Conditional Risk Sub Participation Agreement, Restructuring Support Agreement, Restructuring Support Agreement

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