ContractBackstop Agreement Backstop Agreement • May 5th, 2020 • New York
EX-10.1 2 ex101ericksonbackstopagree.htm EXHIBIT 10.1 BACKSTOP AGREEMENT BACKSTOP AGREEMENT BETWEEN ERICKSON INCORPORATED AND THE INVESTORS IDENTIFIED AS SUCH HEREIN Dated as of [●], 2017 TABLE OF CONTENTS PAGE 1.The Rights Offering 3 2.The Backstop Commitment 5 3.Representations and Warranties of the Company. 11 4.Representations and Warranties of the Investors 15 5.Additional Covenants of the Company 17 6.Additional Covenants of the Investors 22 7.Conditions to the Obligations of the Investors 23 8.Conditions to the Obligations of the Company 26 9.Survival of Representations and Warranties 27 10.Termination 27 11.Commercially Reasonable Efforts 30 12.Notices 31 13.Survival 33 14.Headings 33 15.Severability 33 16.Assignment; Third Party Beneficiaries 33 17.Complete Agreement 33 18.Governing law; Waiver of Trial by Jury 34 19.Counterparts 34 20.Amendments and Waivers 34 21.Specific Performance 35 22.Other Interpretive Matters 35 23.Further Assurances 36 24.No Reliance 36 25.No Interpre
