RSA Effective Date. This Agreement shall become effective, and the obligations contained herein shall become binding upon the Parties, upon the first date (such date, the “RSA Effective Date”) that this Agreement has been executed and delivered by all of the following: each Chaparral Party; and Consenting Noteholders holding, in the aggregate, at least [60]% in principal amount outstanding of all Notes Claims.
RSA Effective Date. 2.1 This Agreement shall be effective and the rights and obligations herein shall be binding on and from the date that the Initial Consenting Creditors have duly executed and delivered signature pages to this Agreement (the “Effective Date”), which occurred on 2 March 2021.
2.2 Xxxxxxxx & Xxxxx, in its capacity as legal counsel to the Ad Hoc Group, notified the Initial Consenting Creditors that the Effective Date has occurred on 2 March 2021.
2.3 Xxxxxxxx & Xxxxx as counsel to the Ad Hoc Group, provided a Redacted Version (along with an announcement, in form and substance satisfactory to the Ad Hoc Group, summarising the terms of the Restructuring, the Backstop Deadline, the deadlines to become an Earlybird Creditor and Eligible Consenting Creditor and the steps required to accede to this Agreement as a Consenting Creditor and/or Backstop Party) to the Notes Trustee and Club Loan Agent for the purpose of distributing the same to Existing Creditors on 2 March 2021.
RSA Effective Date. 2.1 This Agreement shall be effective and the rights and obligations herein shall be binding on and from the date that the Initial Consenting Creditors have duly executed and delivered signature pages to this Agreement (the “Effective Date ”).”), which occurred on 2 March 2021.
2.2 On the Effective Date, Xxxxxxxx & Xxxxx, in its capacity as legal counsel to the Ad Hoc Group, shall notifynotified the Initial Consenting Creditors, that the Effective Date has occurred on 2 March 2021.
2.3 On the Effective Date, Xxxxxxxx & Xxxxx as counsel to the Ad Hoc Group, shall provideprovided a Redacted Version (along with an announcement, in form and substance satisfactory to the Ad Hoc Group, summarising the terms of the Restructuring, the Backstop Deadline, the deadlines to become an Earlybird Creditor and Eligible Consenting Creditor and the steps required to accede to this Agreement as a Consenting Creditor and/or Backstop Party) to the Notes Trustee and Club Loan Agent for the purpose of distributing the same to Existing Creditors. on 2 March 2021.
RSA Effective Date. This Agreement shall become effective (the “RSA Effective Date”), and the obligations contained herein shall become binding upon the Parties, upon the execution and delivery of counterpart signature pages to this Agreement by and among (a) VNR,
RSA Effective Date. This Agreement shall become effective, and the obligations contained herein shall become binding upon the Parties, upon the first date (the “RSA Effective Date”) that:
(a) The Backstop Agreement has been executed and is effective in accordance with its terms;
(b) The Company has paid in cash all invoiced, reasonable and documented costs, fees, and expenses of the Consenting Noteholders, including, without limitation, the invoiced, reasonable and documented fees and expenses of (a) Milbank, Tweed, Xxxxxx & XxXxxx LLP (“Milbank”), counsel to the Consenting Noteholders, (b) one maritime counsel to the Consenting Noteholders, (c) Morris, Nichols, Arsht & Xxxxxxx LLP (“Xxxxxx Xxxxxxx”), counsel to the Consenting Noteholders, and (d) Xxxxxxxx Xxxxx Capital, Inc. (“Xxxxxxxx”), financial advisor to the Consenting Noteholders, in each case, in accordance with their existing engagement letters; and
(c) This Agreement shall be executed by all of the following:
(i) the Company; and
(ii) the Consenting Noteholders; provided that signature pages executed by the Consenting Noteholders showing their holdings shall not be delivered to other Consenting Noteholders and shall be delivered to Weil, Gotshal & Xxxxxx LLP (“Weil”) in an unredacted form (to be held by Weil on a confidential and professionals’ eyes only basis; provided that Weil may disclose such signature pages on a confidential basis to the Company and its financial advisors), in each case, except as required by applicable law and subject to the provisions of Section 22 hereof.
RSA Effective Date. This Agreement shall become effective, and the obligations contained herein shall become binding upon the Parties, upon the first date (such date, the “RSA Effective Date”) that this Agreement has been executed by all of the following: (i) each Debtor; (ii) the holders of at least one-half of the aggregate outstanding principal amount of Senior Secured Credit Facility Claims; (iii) the holders of at least two-thirds of the aggregate outstanding principal amount of 2026 Notes Claims; (iv) the holders of at least 45% of the aggregate outstanding principal amount of Bond Green Bonds Claims; (v) the holders of at least two-thirds of the aggregate outstanding principal amount of Xxxx Xxxxx Bonds Claims; provided that the RSA Effective Date with respect to any Joining Party shall be the date that such Joining Party executes a Joinder Agreement; and (vi) the Forbearance Agreements shall be in full force and effect and the Debtors shall be in full compliance therewith.
RSA Effective Date. This Agreement shall become effective, and the obligations contained herein shall become binding upon the Parties, upon the first date (such date, the “RSA Effective Date”) that:
(a) each of the Backstop Commitment Agreement and the Exit Commitment Letters has been executed and is effective in accordance with its respective terms;
(b) this Agreement has been executed by all of the following:
(i) each PVA Entity;
(ii) Consenting RBL Lenders (A) holding, in aggregate, at least 66.67% in principal amount of all claims outstanding under the RBL Credit Facility Agreement (the “RBL Claims”) and (B) comprising, in aggregate, at least one-half in number of all RBL Lenders;
(iii) the RBL Agent; and
(iv) Consenting Noteholders holding, in aggregate, at least 66.67% in principal amount of all claims outstanding under the Indenture (the “Note Claims”);
(c) each Swap Agreement (as defined in the RBL Credit Facility Agreement) shall, before the Petition Date, have been terminated and the proceeds thereof received by the RBL Agent as a payment of the obligations under the RBL Credit Facility Agreement; provided, that, prior to such payment, the RBL Agent shall, before the Petition Date, deposit $5 million of such proceeds (but in no event more than all such proceeds) in a deposit account of a PVA Entity, which amount shall be made available for the PVA Entities, subject to the terms of the DIP Orders.
RSA Effective Date. This Agreement shall become effective (the “RSA Effective Date”), and the obligations contained herein shall become binding upon the Parties, upon the execution and delivery of counterpart signature pages to this Agreement by and among (a) VNR, (b) Consenting Second Lien Note Holders holding, in aggregate, at least two thirds in principal amount outstanding of all Second Lien Note Claims, and (c) Consenting Senior Note Holders holding, in aggregate, at least a majority in principal amount outstanding of all 2020 Note Claims; provided, that, this Agreement shall also be effective, and the obligations contained herein binding upon each of them, upon execution and delivery of counterpart signature pages to this Agreement by Consenting RBL Lenders holding, in aggregate, at least two-thirds in principal amount outstanding and more than one-half in number of all RBL Facility Claims.
RSA Effective Date. This Agreement shall become effective, and the obligations contained herein shall become binding upon the Parties, upon the first date (such date, the “RSA Effective Date”) that this Agreement has been executed by all of the following: (i) each Debtor; (ii) the holders of at least a majority of the aggregate outstanding principal amount of Bond Green Bonds Claims (as of the relevant date, the “Required Consenting Bond Green Bondholders”); and (iii) the Bond Green Bonds Trustee; provided, however, that the Debtors shall have paid or reimbursed all outstanding, reasonable, invoiced, and documented fees and expenses of the Green Bonds Advisors and the Bond Green Bonds Trustee incurred as of March 8, 2024; provided, further, that, notwithstanding anything set forth in the Term Sheet, the Debtors shall have no obligation to pay any fees or expenses of the Green Bonds Advisors and the Bond Green Bonds Trustee under this Agreement on account of the Bond Green Bonds Claims in excess of the amount specified in the Letter Agreement,3 taking into account all such payments primarily made to such persons, whether before or after the Petition Date; provided further, that the Letter Agreement shall not constitute an amendment, waiver, or other modification of any rights of the Bond Green Bonds Trustee to recover its fees and expenses pursuant to the Bond Green Bonds Indenture, Bond Green Bonds Loan Agreement, or any related document (other than this Agreement) or prevent Wilmington Trust, N.A. from seeking reimbursement of its fees and expenses relating to any appointment as a member of any official committee of unsecured creditors appointed in the Chapter 11 Cases.
RSA Effective Date. The Original Support Agreement became effective on March 1, 2019 (such date, the “RSA Effective Date”).
