Restructuring Agreement. In connection with the Equitix Acquisition, Bidco and Equitix Holdco, among others, have entered into the Restructuring Agreement on or around the date of this Announcement, pursuant to which the parties have agreed certain restructuring steps to occur as soon as reasonably practicable following the Effective Date, to effect the Equitix Acquisition (which shall result in Equitix Holdco owning 50 per cent. of the shares in Xxxx Xxxxx Investments Limited). Bidco and Equitix Holdco have agreed that the Equitix Acquisition will be effected through the subscription by Equitix Holdco in cash for loan notes issued by Aqueduct Midco Limited, the holding company of Bidco, pursuant to the Equitix Bridge Loan, for the purposes of partially funding the Acquisition. Such loan notes shall be transferred by Equitix Holdco to Aqueduct Newco 2 Limited, an indirectly wholly-owned subsidiary of Bidco (the “KKR Investor”), in consideration for the KKR Investor procuring the issuance of the AssetCo Issuance Shares to Equitix Holdco. Prior to the issuance of the AssetCo Issuance Shares to Equitix Holdco, Bidco shall be required to arrange for the listing of Xxxx Xxxxx to be cancelled, and for Xxxx Xxxxx to be re-registered as a private limited company. Such re-registration will take place following the Effective Date. The Restructuring Agreement also includes certain co-operation provisions as between Equitix Holdco, Bidco and certain of their affiliates. In particular, these include obligations for Equitix to co- operate and provide information required for the regulatory filings and third-party consents to be sought by Bidco in connection with the Transaction. There are also customary conduct of business gap controls that will apply between the Effective Date and the Equitix Acquisition Effective Date, before Equitix Holdco acquires the AssetCo Issuance Shares. The Restructuring Agreement includes customary standstill provisions pursuant to which Equitix Holdco has agreed that it shall not acquire Xxxx Xxxxx Shares or any interest in the Xxxx Xxxxx Group without the prior consent of Bidco until the earlier of (i) the Effective Date, and (ii) six months following the termination of the Restructuring Agreement (provided that such six month cooling off period will not apply to acquisitions by Equitix Holdco of any interests with a net asset value of up to 15% of the total net asset value of Xxxx Xxxxx Investments Limited and its subsidiaries). After completion of the Transaction...
Restructuring Agreement. 11.20 There is an Event of Default under, and as defined in, the Restructuring Agreement. Acceleration
Restructuring Agreement the Restructuring Agreement duly executed by the parties thereto together with evidence, in a form and substance satisfactory to the Lenders, that the Closing Date has occurred;
Restructuring Agreement. (i) The Restructuring Agreement shall have been executed and delivered by the parties thereto and shall be full force and effect.
Restructuring Agreement. Reference is hereby made to that certain Amended and Restated Restructuring Agreement (as amended and in effect from time to time, the “Restructuring Agreement”), dated as of March 9, 2007 by and between Great Lakes Aviation, Ltd., an Iowa corporation (the “Debtor”), and Raytheon Aircraft Credit Corporation, a Kansas corporation (“RACC”). Capitalized terms used and not otherwise defined herein shall have the meanings assigned to them in the Restructuring Agreement.
Restructuring Agreement the Restructuring Agreement of even date herewith by and among the Borrower and Lender, among others.
Restructuring Agreement. In the event of any conflict between this Article 8 and the provisions of Section 8.3 of the Restructuring Agreement, which provides, among other things, that except as otherwise provided therein MMT and LMC are each to bear responsibility for fifty percent (50%) of all liabilities and obligations of M4 and its general partner attributable to the period prior to the Closing, the provisions of Section 8.3 of the Restructuring Agreement shall prevail.
Restructuring Agreement. Notwithstanding that the date in the preamble of the Restructuring Agreement was inadvertently left blank, each of Borrower, Parent, and GECC hereby agrees and acknowledges that the Restructuring Agreement was made and entered into as of March 18, 2005.
Restructuring Agreement. The Lenders and the Administrative Agent agree that the Restructuring shall not constitute a Default or Event of Default under this Agreement or any other Loan Document, including, without limitation under Sections 6.4, 6.8, 6.10, 6.11, 6.13 or 6.14 of this Agreement, it being understood that the foregoing shall not excuse a breach of the covenants in Section 6.17 of this Agreement. The Borrower will not, and will not permit any Subsidiary to, amend, modify or waive any provision of the Restructuring Agreement in a manner that would materially and adversely affect the rights of the Lenders under any specific provision of this Agreement that refers to the Restructuring Agreement; provided that nothing in this Agreement shall prohibit or limit amendments or modifications of the Restructuring Agreement so long as, for purposes of this Agreement, the terms and provisions of the Restructuring Agreement in effect prior to such amendment or modification continue to apply.
Restructuring Agreement. The restructuring agreement by and among the Borrowers, the Prepetition Lenders, SCTSC, the Bondholders, and the Enron Parties (the "RESTRUCTURING AGREEMENT") has been executed by at least 66% of the Bondholders and shall be in full force and effect. No party to the Restructuring Agreement has exercised any termination rights with respect thereto.
