Retention of Investment Banker. The Borrower shall retain the ------------------------------ services of an investment banker reasonably acceptable to the Administrative Agent and the Lenders to pursue a sale of all or substantially all of the assets or capital stock of the Borrower or its Subsidiaries. The Administrative Agent shall receive an executed copy of the engagement letter with such investment banker by August 1, 2001, which engagement letter shall, among other things, provide that such investment banker shall be authorized to report to the Administrative Agent as soon as practicable and in any event no later than Friday of each calendar week commencing with the calendar week of August 6, 2001 regarding the status of the sale.
Retention of Investment Banker. The Borrower shall not terminate or modify the engagement of Lazard Frères & Co. LLC as Investment Banker as set forth in that certain engagement letter, dated as of November 24, 2015, among Lazard Frères & Co. LLC and RCS Capital Corporation without the consent of the Required Lenders and the Administrative Agent. For purposes of this Agreement, an email from the Secured Party Legal Advisor (as defined below) that the Required Lenders have consented to a particular action to which they have consent rights under this Agreement shall be conclusive evidence of such consent.
Retention of Investment Banker. On or before January 31, 2003 the Company shall retain an investment banking firm reasonably satisfactory to the Required Holders (the "Investment Banker") to work with the Company's management towards a refinancing, restructuring or recapitalization of the Company (such refinancing, restructure or recapitalization being referred to herein as the "Recapitalization Transaction") with the goal of repayment of the Bank Credit Obligations and the Senior Note Obligations in full on or before September 1, 2003. The Company shall cause an offering memorandum for the Recapitalization Transaction to be prepared and distributed no later than April 30, 2003 and shall have obtained a firm commitment or signed letter of intent to consummate the Recapitalization Transaction in form and substance reasonably satisfactory to the Required Holders no later than July 31, 2003. The Company shall organize and participate in monthly status conferences among the Required Holders and the Investment Banker and cause the Investment Banker to provide no less frequently than monthly a status report in detail satisfactory to the Required Holders concerning the progress of the Recapitalization Transaction, including, without limitation, information as to who has been provided with the offering memorandum and the status of responses with respect thereto. The Company acknowledges that the holders of Notes have specifically relied upon the agreements of the Company with respect to the Recapitalization Transaction described above and that the failure of the Company to timely comply with such agreements shall, at the option of the Required Holders, constitute an Event of Default under and for all purposes of this Agreement, the Other Agreements and the other Financing Documents."
Retention of Investment Banker. On or prior to the tenth (10th) Business Day after the Effective Date, the Company, at its sole cost and expense, shall engage an investment banker reasonably acceptable to the Collateral Agent, for the purpose of working with and assisting the Company to sell certain assets of the Company, including the branded proprietary nutraceutical product line (See Note 3 of the Company’s financial statements - Discontinued Operations - as of March 31, 2011 as filed with the Securities Exchange Commission on May 17, 2011 on Form 10Q), and the Stock Liquidation. The Company shall provide such person with full cooperation and in connection therewith, the Company authorizes such person to provide Collateral Agent with such information regarding the sale process as Collateral Agent may request, including the names of all prospective purchasers, the terms of any offers and such other information as Collateral Agent may deem appropriate. In addition, Collateral Agent shall be authorized to participate with the Company and such person in connection with any and all negotiations relating to any such sale.
Retention of Investment Banker. Retain on or before April 30, 1998 and maintain and continue the retention of an investment banking firm of national and industry standing for the purpose of marketing the Borrower and the Subsidiaries or the assets of the Borrower and Subsidiaries (other than the Disposition Assets) for sale.
Retention of Investment Banker. The Borrowers shall have retained an investment banker or similar financial advisor, who is in form and substance satisfactory to Agent, to sell the Eagle & Tayxxx Company and Eagle Window and Door Center, Inc. as provided in the Business Plan.
Retention of Investment Banker. Not later than forty-five (45) days after the Closing Date the Borrowers shall have retained the accountant and investment banker as required, and on the terms provided for, in Section 5.03 (b) and (c).
Retention of Investment Banker. The Borrowers shall provide the Lender copies of any proposal for the engagement of an investment banker or business broker received by the Borrowers relating to any Borrower or division thereof. On or before September 30, 2008, the Borrowers shall retain an investment banker on terms and conditions satisfactory to the Lender. Such retention shall authorize the investment banker, on behalf of the Borrowers and its shareholders, to commence a marketing effort for all, or substantially all, of the assets of the Borrowers, to evaluate any proposals made pursuant to such efforts, to identify the highest and best proposal and facilitate such sales or other transactions on behalf of the Borrower as the Consultant may deem necessary to repay the Obligations, in full on or before the Forbearance Termination Date.
Retention of Investment Banker. 56 502181848 v5 1205867.00001 -iii-
Retention of Investment Banker. Section 5(d) of the Second Forbearance Agreement is hereby incorporated herein by reference mutatis mutandis. 6.25 Additional Covenants of Loan Parties in respect of the Chief Restructuring Officer and Investment Banker Engagements. Section 5(e) of the Second Forbearance Agreement is hereby incorporated herein by reference mutatis mutandis. 6.26
