Restructuring Conditions. Section 1.3 of the Third Amendment set forth certain "restructuring conditions" governing the Borrowers' implementation of their business improvement plan. Such "restructuring conditions" are hereby amended and restated in their entirety as set forth below in this Section 1.3. Nothing contained herein, however, shall be deemed to modify or retract the terms and conditions that were applicable under the Third Amendment during the period from and including the Third Amendment Effective Date through and including the date immediately preceding the Fourth Amendment Effective Date. All actions performed by or on behalf of the Borrowers during such period in furtherance of their obligations under the Third Amendment are hereby confirmed and ratified, and the Agent and the Lenders shall be entitled to retain the full benefit of such performance. There shall be no disgorgement, refund or rescission with respect to any payment made by or on behalf of the Borrowers and received by the Agent or the Lenders pursuant to the terms of the Third Amendment. Except to the extent expressly modified by the terms set forth below, each of the terms and conditions set forth in the Third Amendment is hereby confirmed and ratified and shall remain in full force and effect as provided therein. From and after the Fourth Amendment Effective Date, subject to strict compliance with the terms and conditions set forth herein, the Lenders agree to refrain from enforcing their rights and remedies based on the Existing Defaults while the Company and its consultants continue to implement their plan for improvement of the Company's financial condition, provided that (i) except to the extent and on the terms set forth expressly herein, the Agent and the Lenders do not waive the Existing Defaults and (ii) the agreement contained herein shall not create a waiver of the right of the Agent or the Lenders, upon the occurrence of an Event of Default hereunder or under the Loan Documents, to enforce available rights and remedies at any time, in their sole discretion, in accordance with the Credit Agreement (as modified herein) and the other Loan Documents. Absent an earlier Event of Default, the Borrowers shall be permitted to implement their restructuring efforts during the period from the Third Amendment Effective Date through January 31, 2002 (the "Restructuring Period"). The Borrowers' restructuring opportunity shall be governed by and subject to the following terms and conditions:
Restructuring Conditions. The following conditions (the "Restructuring Conditions") shall be conditions precedent to the obligations of the parties hereunder, and all of such Restructuring Conditions will be effected as simultaneously as practical.
Restructuring Conditions. From and after the Sixth Amendment Effective Date, and subject to strict compliance with the terms and conditions set forth herein (but without waiving the Existing Defaults), the Banks agree to refrain from enforcing their rights and remedies based on the Existing Defaults (including, without limitation, the termination of the Commitments) while the Loan Parties and their consultants attempt to formulate and implement their plan for improvement of the Loan Parties’ financial condition, provided that the agreement contained herein shall not create a waiver of the right of the Agent or the Banks, upon the occurrence of a Restructuring Event of Default (as defined in Section 1.6 hereof), to enforce available rights and remedies at any time (including, without limitation, the termination of the Commitments), in their sole discretion, in accordance with the Credit Agreement (as modified herein) and the other Loan Documents. Absent an earlier Restructuring Event of Default, the Loan Parties shall be permitted to implement their restructuring efforts during the period from the Sixth Amendment Effective Date through April 30, 2003 (the “Restructuring Period”). The Loan Parties’ restructuring opportunity shall be governed by and subject to the following terms and conditions:
Restructuring Conditions. Subject to strict compliance with the terms and conditions set forth herein, the Lenders agree to forbear from enforcing their rights and remedies based on the Existing Defaults while the Borrowers and their consultants develop and implement their plan for improvement of the Borrowers' business and financial condition, provided that (i) the Lenders' waiver of the Existing Defaults shall be solely in accordance with the terms and conditions set forth herein and (ii) such agreement to forbear shall not create a waiver of the right of the Agent or the Lenders, upon the occurrence of a default hereunder or a Default (other than the Existing Defaults) under the Loan Documents, to enforce available rights and remedies at any time, in their sole discretion, in accordance with the Credit Agreement (as modified herein) and the other Loan Documents. Absent an earlier default hereunder or Default (other than the Existing Defaults) under the Loan Documents, the period during which the Lenders shall forbear is from the Second Amendment Effective Date through November 30, 2001 (the "Restructuring Period"). The Lenders' forbearance shall be governed by and subject to the following terms and conditions:
Restructuring Conditions. All conditions to the obligation of CSFB to consummate the ICON Restructuring under the Term Sheet shall have been satisfied or waived.
Restructuring Conditions. CSFB shall have executed and delivered a counterpart copy of the Stockholders Agreement, and all other conditions to the obligation of the Company to consummate the Icon Restructuring under the Term Sheet shall have been satisfied or waived.
Restructuring Conditions. All conditions to the obligation of HF LLC to consummate the ICON Restructuring under the Term Sheet shall have been satisfied or waived.
Restructuring Conditions. HF LLC shall have executed and delivered a counterpart copy of the Stockholders Agreement, and all other conditions to the obligation of the Company to consummate the ICON Restructuring under the Term Sheet shall have been satisfied or waived.
Restructuring Conditions. Subject to strict compliance with the terms and conditions set forth herein, the Lenders agree to refrain from enforcing their rights and remedies based on the Existing Defaults while the Company and its consultants implement their plan for improvement of the Company's financial condition, provided that (i) except to the extent and on the terms set forth expressly herein, the Agent and the Lenders do not waive the Existing Defaults and (ii) the agreement contained herein shall not create a waiver of the right of the Agent or the Lenders, upon the occurrence of an Event of Default hereunder or under the Loan Documents, to enforce available rights and remedies at any time, in their sole discretion, in accordance with the Credit Agreement (as modified herein) and the other Loan Documents. Absent an earlier Event of Default, the Borrowers shall be permitted to implement their restructuring efforts during the period from the Third Amendment Effective Date through September 14, 2001 (the "Restructuring Period"). The Borrowers' restructuring opportunity shall be governed by and subject to the following terms and conditions:
Restructuring Conditions. Implementation of the Restructuring (and, if applicable, the closing of the several Private Subscriptions between the Company and each Consenting Noteholder) is subject to the satisfaction (or waiver by the Ad Hoc Committee) of the following conditions (the “Restructuring Conditions”):
