SPECIAL PROVISION REGARDING CHASE LINCOLN FIRST COMMERCIAL CORPORATION Sample Clauses

SPECIAL PROVISION REGARDING CHASE LINCOLN FIRST COMMERCIAL CORPORATION. Notwithstanding anything to the contrary in this Agreement and the Plan Term Sheet, this Agreement applies only to the Credit Trading Group of Chase Lincoln First Commercial Corporation, in its capacity as a Term Lender (the "CHASE LINCOLN CREDIT TRADING GROUP"), and, the term "Term Lender" means only the Chase Lincoln Credit Trading Group and such business unit's position in the Term Loans and does not apply to (i) any securities, loans, other obligations or any other interests in the Term Loans that may be held, acquired or sold by, or any activities, services or businesses conducted or provided by, any other group or business unit within, or Affiliate of, Chase Lincoln First Commercial Corporation; or (ii) any Term Loans that may be beneficially owned by non-Affiliated clients of Chase Lincoln First Commercial Corporation or any Affiliate of Chase Lincoln First Commercial Corporation. Please acknowledge your agreement to the foregoing by executing this Agreement in the space set forth below, whereupon this Agreement will become a binding contract among the parties hereto. Very truly yours, BANK OF NEW YORK/MELLON, as Administrative Agent By:_____________________________ Name: Title: CEDARVIEW LEVERAGED OPPORTUNITES MA, LTD By: /s/ Burton Weinstein -------------------------- Name: Burton Weinstein Xxxxx: Xxxxxing Partner CEDARVIEW LEVERAGED OPPORTUNITIES MA II, LTD By: /s/ Burton Weinstein -------------------------- Name: Burton Weinstein Xxxxx: Xxxxxing Partner CEDARVIEW OPPORTUNITIES MASTER FUND, LP By: /s/ Burton Weinstein -------------------------- Name: Burton Weinstein Xxxxx: Xxxxxing Partner AII INVESTMENT HOLDINGS, LTD By: /s/ Burton Weinstein -------------------------- Name: Burton Weinstein Xxxxx: Xxxxxing Partner Notice Address: Cedarview Capital Management, LP One Penn Plaza, 45th FL Xxx Xxxx, XX 00000 CETUS CAPITAL, LLC By: /s/ Richard Maybaum -------------------------- Name: Richard Maybaum Xxxxx: Xxxxxing Director Notice Address: Cetus Capital, LLC 8 Sound Shore Drive Xxxxxxxxx, XX 00000 CHASE LINCOLN FIRST COMMERCIAL CORPORATION, but only as to its Credit Trading Group and that group's Term Loan position By: /s/ Samantha E. Hamerman -------------------------- Name: Samantha E. Hamerman Xxxxx: Xxxxxrized Signatory CLINTON-MAGNOLIA MASTER FUND, LTD. By CLINTON GROUP, INC., as investment adviser, By: /s/ Francis Ruchalski -------------------------- Name: Francis Ruchalski Title: Xxxxx Xxxxxxxxx Officer CLINTON MULTISTRATEGY MASTERFUND, LTD. ...
Sample 1
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SPECIAL PROVISION REGARDING CHASE LINCOLN FIRST COMMERCIAL CORPORATION. Notwithstanding anything to the contrary in this Agreement and the Plan Term Sheet, this Agreement applies only to the Credit Trading Group of Chase Lincoln First Commercial Corporation, in its capacity as a Term Lender (the “Chase Lincoln Credit Trading Group”), and, the term “Term Lender” means only the Chase Lincoln Credit Trading Group and such business unit’s position in the Term Loans and does not apply to (i) any securities, loans, other obligations or any other interests in the Term Loans that may be held, acquired or sold by, or any activities, services or businesses conducted or provided by, any other group or business unit within, or Affiliate of, Chase Lincoln First Commercial Corporation; or (ii) any Term Loans that may be beneficially owned by non-Affiliated clients of Chase Lincoln First Commercial Corporation or any Affiliate of Chase Lincoln First Commercial Corporation. Exhibit A Plan Term Sheet Lenox Group, Inc. PLAN TERM SHEET As of November 23, 2008 The following is a summary (the “Plan Term Sheet”) of certain material terms of a proposed Chapter 11 liquidating plan (the “Plan”) of the Company (as defined below). This Plan Term Sheet does not contain all the terms, conditions, and other provisions of the Plan and the transactions contemplated by this Plan Term Sheet are subject to conditions to be set forth in definitive documents. This Plan Term Sheet is proffered in the nature of a settlement proposal in furtherance of settlement discussions and is entitled to protection from any use or disclosure to any party or person pursuant to Federal Rule of Evidence 408 and any other rule of similar import. This Plan Term Sheet and the information contained herein are strictly confidential and contain material non-public information. It is being provided to the Term Loan Lenders and the Revolving Loan Lenders in accordance with the confidentiality provisions of the respective credit documents. This Plan Term Sheet does not constitute an offer of securities, nor is it an offer or solicitation for any chapter 11 plan, and is being presented for discussion and settlement purposes only.
Sample 1

Related to SPECIAL PROVISION REGARDING CHASE LINCOLN FIRST COMMERCIAL CORPORATION

  • Fifth Amended and Restated Limited Liability Company Operating Agreement Dated as of November 30, 2012

  • Amendment of Limited Liability Company Agreement (a) Except as otherwise provided in this Section 8.1, this Agreement may be amended, in whole or in part, with: (i) the approval of the Board (including the vote of a majority of the Independent Directors, if required by the 0000 Xxx) without the Members approval; and (ii) if required by the 1940 Act, the approval of the Members by such vote as is required by the 0000 Xxx.

  • INVESTMENT MANAGEMENT AGREEMENT Separate written agreements entered into (i) by the Manager and the Master Fund and (ii) by the Manager and the Company, pursuant to which the Manager provides investment management services to the Master Fund.

  • Reference to and Effect Upon the Credit Agreement (a) Except as specifically amended above, the Credit Agreement and the other Loan Documents shall remain in full force and effect and are hereby ratified and confirmed.

  • SUCCESSOR TO THE HOLDING COMPANY The Holding Company shall require any successor or assignee, whether direct or indirect, by purchase, merger, consolidation or otherwise, to all or substantially all the business or assets of the Institution or the Holding Company, expressly and unconditionally to assume and agree to perform the Holding Company's obligations under this Agreement, in the same manner and to the same extent that the Holding Company would be required to perform if no such succession or assignment had taken place.

  • Amended and Restated Trust Agreement This Trust Agreement is the amended and restated trust agreement contemplated by the Trust Agreement dated as of [___], 20[___], between the Depositor and the Owner Trustee (the “Initial Trust Agreement”). This Trust Agreement amends and restates in its entirety the Initial Trust Agreement.

  • Maintenance of Corporate Separateness Holdings will, and will ------------------------------------- cause each of its Subsidiaries to, satisfy customary corporate formalities, including the maintenance of corporate records. Neither the Borrower nor any Subsidiary of the Borrower shall make any payment to a creditor of Holdings (other than a Guaranteed Creditor pursuant to any Credit Document or an Interest Rate Protection Agreement or Other Hedging Agreement entered into with any such Guaranteed Creditor) in respect of any liability of Holdings, and no bank account of Holdings shall be commingled with any bank account of the Borrower or any Subsidiary of the Borrower. Any financial statements distributed to any creditors of Holdings shall, to the extent permitted by GAAP, clearly establish the corporate separateness of Holdings from the Borrower and each of the Borrower's Subsidiaries. Finally, neither the Borrower nor any of its Subsidiaries shall take any action, or conduct its affairs in a manner, which is likely to result in the corporate existence of Holdings on the one hand and of the Borrower or any Subsidiary of the Borrower on the other hand being ignored, or in the assets and liabilities of the Borrower or any Subsidiary of the Borrower being substantively consolidated with those of Holdings in a bankruptcy, reorganization or other insolvency proceeding.

  • Limited Liability Company Agreement The Member hereby states that except as otherwise provided by the Act or the Certificate of Formation, the Company shall be operated subject to the terms and conditions of this Agreement.

  • Covenant to Provide Financial Information and Maintain Sufficient Capital The Administrator shall obtain and maintain the necessary capital to fulfill its obligations under this Agreement and shall remain solvent. The Administrator will report to the Issuer on a semi-annual basis its current and total assets, current and total liabilities, and total equity and the Company intends to include such amounts in its SEC reports.

  • Investment Management If and to the extent requested by the Advisor, the Sub-Advisor shall, subject to the supervision of the Advisor, manage all or a portion of the investments of the Portfolio in accordance with the investment objective, policies and limitations provided in the Portfolio's Prospectus or other governing instruments, as amended from time to time, the Investment Company Act of 1940 (the "1940 Act") and rules thereunder, as amended from time to time, and such other limitations as the Trust or Advisor may impose with respect to the Portfolio by notice to the Sub-Advisor. With respect to the portion of the investments of the Portfolio under its management, the Sub-Advisor is authorized to make investment decisions on behalf of the Portfolio with regard to any stock, bond, other security or investment instrument, and to place orders for the purchase and sale of such securities through such broker-dealers as the Sub-Advisor may select. The Sub-Advisor may also be authorized, but only to the extent such duties are delegated in writing by the Advisor, to provide additional investment management services to the Portfolio, including but not limited to services such as managing foreign currency investments, purchasing and selling or writing futures and options contracts, borrowing money or lending securities on behalf of the Portfolio. All investment management and any other activities of the Sub-Advisor shall at all times be subject to the control and direction of the Advisor and the Trust's Board of Trustees.

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