ContractBackstop Commitment Agreement • August 13th, 2018 • Halcyon Capital Management LP • Natural gas transmisison & distribution • New York
EX-10.2 3 d873326dex102.htm EX-10.2 EXECUTION VERSION BACKSTOP COMMITMENT AGREEMENT AMONG PARKER DRILLING COMPANY AND THE COMMITMENT PARTIES PARTY HERETO Dated as of December 12, 2018 PageBackstop Commitment Agreement • May 5th, 2020 • New York
AMENDMENT NO. 1 TO BACKSTOP COMMITMENT AGREEMENTBackstop Commitment Agreement • August 13th, 2018 • York Capital Management Global Advisors, LLC • Natural gas transmisison & distribution
This AMENDMENT NO. 1 TO BACKSTOP COMMITMENT AGREEMENT (this “Amendment”) is made effective as of August 3, 2018 (the “Effective Date”), by and between NextDecade Corporation, a Delaware corporation (“NextDecade” or the “Company”), and York Capital Management Global Advisors, LLC, severally on behalf of certain funds or accounts advised by it or its affiliates (the “Backstopper”). Each of NextDecade and the Backstopper are referred to herein as a “Party” and collectively as the “Parties.” Certain defined terms used but not defined herein shall have the meaning ascribed to such terms in the Original Agreement (defined below).
BACKSTOP COMMITMENT AGREEMENTBackstop Commitment Agreement • December 14th, 2020 • SREP III Flight - Investco, L.P. • Real estate investment trusts • New York
THIS BACKSTOP COMMITMENT AGREEMENT (this “Agreement”), dated as of December 7, 2020, is by and between Condor Hospitality Trust, Inc., a Maryland corporation (the “Company”), and SREP III Flight-Investco 2, L.P., a Delaware limited partnership (the “Backstop Investor”).
BACKSTOP COMMITMENT AGREEMENTBackstop Commitment Agreement • December 12th, 2017 • Reed's, Inc. • Bottled & canned soft drinks & carbonated waters • Delaware
THIS BACKSTOP COMMITMENT AGREEMENT (this “Agreement”), dated as of December 6, 2017, is by and between Reed’s, Inc., a Delaware corporation (the “Company”) and Raptor/Harbor Reeds SPV LLC, a Delaware limited liability company (the “Backstop Investor”).
EX-10.1 2 d746869dex101.htm FIRST AMENDMENT TO BACKSTOP COMMITMENT AGREEMENT FIRST AMENDMENT TO BACKSTOP COMMITMENT AGREEMENTBackstop Commitment Agreement • May 5th, 2020
This FIRST AMENDMENT TO BACKSTOP COMMITMENT AGREEMENT (this “Amendment”) is made and entered into as of June 21, 2014, by and among Momentive Performance Materials Holdings Inc. (as a debtor in possession and a reorganized debtor, as applicable, the “Company”) and Momentive Performance Materials Inc. (as a debtor in possession and a reorganized debtor, as applicable, “MPM”) on behalf of themselves and the other Debtors, on the one hand, and the undersigned Commitment Parties, on the other hand (collectively, the “Amending Commitment Parties” and, together with the Company and MPM, the “Amendment Parties”).
BACKSTOP COMMITMENT AGREEMENT AMONG WEATHERFORD INTERNATIONAL PLC THE OTHER DEBTORS AND THE COMMITMENT PARTIES PARTY HERETO Dated as of July 1, 2019Backstop Commitment Agreement • July 2nd, 2019 • WUS Holding, L.L.C. • Oil & gas field machinery & equipment • New York
THIS BACKSTOP COMMITMENT AGREEMENT (this “Agreement”), dated as of July 1, 2019, is made by and among Weatherford International Plc, an Irish public limited company (including as debtor in possession and a reorganized debtor, as applicable, the “Company”), and each of the other Debtors (as defined below), on the one hand, and each Commitment Party (as defined below), on the other hand. The Company, the other Debtors and each Commitment Party is referred to herein, individually, as a “Party” and, collectively, as the “Parties”. Capitalized terms that are used but not otherwise defined in this Agreement shall have the meanings given to them in Section 1.1 hereof or, if not defined therein, shall have the meanings given to them in the Plan (as defined below).
Backstop Commitment AgreementBackstop Commitment Agreement • November 2nd, 2020 • New York
This BACKSTOP COMMITMENT AGREEMENT (including exhibits and schedules attached hereto and incorporated herein, this “Agreement”), dated as of November [•], 2020, is made by and among 24 Hour Fitness Worldwide, Inc., a Delaware corporation (the “Company”), and each of the other Debtors (as defined below), on the one hand, and the Commitment Parties set forth on Schedule 1 hereto (each referred to herein, individually, as a “Commitment Party” and, collectively, as the “Commitment Parties ”), on the other hand. Each of the Debtors and each Commitment Party is referred to herein, individually, as a “Party” and, collectively, as the “Parties”. For the avoidance of doubt, references herein to the “Company” or the “Debtors” shall mean, (a) prior to the Effective Date (as defined in the RSA), the existing Company or Debtors, as applicable, and (b) after the Effective Date, the reorganized Company or reorganized Debtors, as applicable. Capitalized terms used but not defined herein shall have the
Backstop Commitment AgreementBackstop Commitment Agreement • May 20th, 2017 • New York
THIS BACKSTOP COMMITMENT AGREEMENT (this “Agreement”), dated as of May 15, 2017, is made by and among (i) GulfMark Offshore, Inc. (the “Company” or the “Debtor”), on the one hand, and (ii) each of the Commitment Parties (as defined below), on the other hand. The Debtor and each Commitment Party is referred to herein, individually, as a “Party” and, collectively, as the “Parties”.
FIRST AMENDED AND RESTATED BACKSTOP COMMITMENT AGREEMENTAMONG INVACARE CORPORATIONEACH OF THE COMPANY PARTIES LISTED ON SCHEDULE 1 HERETOANDTHE BACKSTOP PARTIES PARTY HERETO DATED AS OF MARCH 29, 2023Backstop Commitment Agreement • April 14th, 2023 • Invacare Corp • Orthopedic, prosthetic & surgical appliances & supplies • New York
BACKSTOP COMMITMENT AGREEMENT AMONGBackstop Commitment Agreement • January 29th, 2022 • New York
THIS BACKSTOP COMMITMENT AGREEMENT (including any Exhibits and Schedules hereto, this “Agreement”), dated as of January 12, 2022 is made by and among LATAM Airlines Group S.A., a company organized under the laws of Chile (the “Company” or “LATAM Parent”) and each of its direct and indirect debtor subsidiaries that have filed chapter 11 cases (the “Chapter 11 Cases”) under Title 11 of the United States Code, 11 U.S.C. §§ 101-1532 (as it may be amended from time to time, the “Bankruptcy Code”) in the Bankruptcy Court (as defined below) (together with the Company, each a “Debtor” and, collectively, the “Debtors”), on the one hand, and the Backstop Parties set forth on Schedule 1 hereto, as may be amended, supplemented or otherwise modified from time to time in accordance with this Agreement (each referred to herein, individually, as a “Backstop Party” and, collectively, as the “Backstop Parties”), on the other hand. The Company, the other Debtors and each Backstop Party is referred to her
EX-10.2 3 d548841dex102.htm EX-10.2 Execution Version BACKSTOP COMMITMENT AGREEMENT BY AND AMONG CLAIRE’S INC., CLAIRE’S STORES INC. AND THE BACKSTOP PARTIES HERETO Dated as of March 31, 2018Backstop Commitment Agreement • May 5th, 2020 • New York
BACKSTOP COMMITMENT AGREEMENT AMONG LEGACY RESERVES INC. AND THE BACKSTOP PARTIES PARTY HERETO Dated as of June 10, 2019Backstop Commitment Agreement • June 14th, 2019 • Legacy Reserves Inc. • Crude petroleum & natural gas • New York
This BACKSTOP COMMITMENT AGREEMENT (including exhibits and schedules attached hereto and incorporated herein, this “Agreement”), dated as of June 10, 2019, is made by and among Legacy Reserves Inc., a Delaware corporation (as a debtor in possession and a reorganized debtor, as applicable, the “Company” or “Legacy”) on behalf of itself and the other Debtors, on the one hand, and each of the Backstop Parties set forth on Schedule 1 hereto (each referred to herein, individually, as a “Backstop Party” and, collectively, as the “Backstop Parties”), on the other hand. The Company and each Backstop Party is referred to herein, individually, as a “Party” and, collectively, as the “Parties.” Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the term sheet attached to the RSA (as defined below) as Exhibit A (as the same may be amended, modified or supplemented, the “Restructuring Term Sheet”).
EX-99.2 3 d851020dex992.htm EX-99.2 BACKSTOP COMMITMENT AGREEMENTBackstop Commitment Agreement • May 5th, 2020 • New York
BACKSTOP COMMITMENT AGREEMENT (this “Agreement”), dated as of [ ], is by and among Caesars Entertainment Operating Company, Inc., a Delaware corporation (“CEOC”), and the investors identified on Schedule I hereto to the extent such parties are not Terminating Preferred Backstop Investors (each, a “Preferred Backstop Investor” and, collectively, the “Preferred Backstop Investors”).
AMENDED AND RESTATED BACKSTOP COMMITMENT AGREEMENTBackstop Commitment Agreement • July 24th, 2020 • California Resources Corp • Crude petroleum & natural gas • New York
This AMENDED AND RESTATED BACKSTOP COMMITMENT AGREEMENT (including exhibits and schedules attached hereto and incorporated herein, this “Agreement”) is made and entered into as of July 24, 2020, and amends and restates in its entirety the Backstop Commitment Agreement dated as of July 15, 2020 (the “Original Backstop Commitment Agreement”) by and among California Resources Corporation, a Delaware corporation (the “Company”), on behalf of itself and each of its affiliates listed on Schedule 1 hereto (collectively, together with the Company, the “Debtors”), on the one hand, and the Backstop Parties set forth on Schedule 2 hereto (as such list may be amended, supplemented or modified from time to time in accordance with this Agreement, including Sections 3 and 4 hereof) (each referred to herein, individually, as a “Backstop Party” and, collectively, as the “Backstop Parties”), on the other hand. The Company and each Backstop Party is referred to herein, individually, as a “Party” and, col
AMENDMENT NO. 1 TOBackstop Commitment Agreement • August 7th, 2018 • NextDecade Corp. • Natural gas transmisison & distribution
This AMENDMENT NO. 1 TO BACKSTOP COMMITMENT AGREEMENT (this “Amendment”) is made effective as of August 3, 2018 (the “Effective Date”), by and between NextDecade Corporation, a Delaware corporation (“NextDecade” or the “Company”), and Halcyon Capital Management LP, severally on behalf of certain funds or accounts advised by it or its Affiliates (the “Backstopper”). Each of NextDecade and the Backstopper are referred to herein as a “Party” and collectively as the “Parties.” Certain defined terms used but not defined herein shall have the meaning ascribed to such terms in the Original Agreement (defined below).
EX-10.2 3 d780593dex102.htm EX-10.2 EXECUTION VERSION BACKSTOP COMMITMENT AGREEMENT AMONG BRISTOW GROUP INC. AND THE COMMITMENT PARTIES PARTY HERETO Dated as of July 24, 2019 PageBackstop Commitment Agreement • May 5th, 2020 • New York
BACKSTOP COMMITMENT AGREEMENT AMONG ULTRA PETROLEUM CORP. AND THE COMMITMENT PARTIES PARTY HERETO Dated as of November 21, 2016Backstop Commitment Agreement • November 22nd, 2016 • Ultra Petroleum Corp • Crude petroleum & natural gas • New York
THIS BACKSTOP COMMITMENT AGREEMENT (this “Agreement”), dated as of November 21, 2016, is made by and among Ultra Petroleum Corp., a company incorporated under the laws of Yukon, Canada and the ultimate parent of each of the other Debtors (as the debtor in possession and a reorganized debtor, as applicable, the “Company”), on behalf of itself and each of the other Debtors (as defined below), on the one hand, and each Commitment Party (as defined below), on the other hand. The Company and each Commitment Party is referred to herein, individually, as a “Party” and, collectively, as the “Parties.” Capitalized terms that are used but not otherwise defined in this Agreement shall have the meanings given to them in Section 1.1 hereof or, if not defined therein, shall have the meanings given to them in the Plan Support Agreement.
AMENDED AND RESTATED BACKSTOP COMMITMENT AGREEMENTBackstop Commitment Agreement • February 21st, 2023 • Revlon Consumer Products Corp • Perfumes, cosmetics & other toilet preparations • New York
THIS AMENDED AND RESTATED BACKSTOP COMMITMENT AGREEMENT (this “Agreement”), dated as of February 21, 2023, is made by and among (i) Revlon, Inc. (including as debtor in possession and as reorganized pursuant to the First Amended Plan, as applicable, “Holdings”), Revlon Consumer Products Corporation (“RCPC”), and their directly- and indirectly-owned subsidiaries listed on Schedule 1 (each, a “Debtor” and, collectively with Holdings and RCPC, the “Debtors”), on the one hand, and (ii) each of the Equity Commitment Parties, on the other hand. Each Debtor and each Equity Commitment Party is referred to herein, individually, as a “Party” and, collectively, as the “Parties.”
FIRST AMENDMENT TO BACKSTOP COMMITMENT AGREEMENTBackstop Commitment Agreement • October 23rd, 2019 • Weatherford Irish Holdings Ltd. • Oil & gas field machinery & equipment
This FIRST AMENDMENT (this “First Amendment”) to the Backstop Commitment Agreement, dated as of July 1, 2019 (together with the schedules, annexes and exhibits (including the term sheets) attached thereto, the “Backstop Agreement”), by and among: (i) Weatherford International Plc (the “Company”), (ii) each of the other Debtors (defined therein) (together with the Company, the “Company Parties” and each individually, a “Company Party”), and (iii) each of the entities signatory to the Backstop Agreement (collectively, the “Initial Commitment Parties”), is being entered into as of September 9, 2019, by and among (i) the Company Parties, (ii) the Backstop Parties and (iii) each of the additional entities that are signatories hereto (the “Additional Commitment Parties” and, together with the Initial Commitment Parties, the “Commitment Parties”). This First Amendment collectively refers to the Company Parties and the Commitment Parties as the “Parties” and each individually as a “Party.” Cap
Restructuring Support AgreementBackstop Commitment Agreement • June 22nd, 2017 • New York
THIS RESTRUCTURING SUPPORT AGREEMENT IS PROTECTED BY RULE 408 OF THE FEDERAL RULES OF EVIDENCE AND ANY OTHER APPLICABLE STATUTES OR DOCTRINES PROTECTING THE USE OR DISCLOSURE OF CONFIDENTIAL SETTLEMENT DISCUSSIONS.
AMENDED & RESTATED RESTRUCTURING SUPPORT AND FORBEARANCE AGREEMENTBackstop Commitment Agreement • December 31st, 2014 • CAESARS ENTERTAINMENT Corp • Hotels & motels • New York
This Amended & Restated Restructuring Support and Forbearance Agreement dated as of December 31, 2014 amends, restates and replaces the Restructuring Support and Forbearance Agreement dated as of December 19, 2014 (as amended, supplemented, or otherwise modified from time to time, this “Agreement”), among: (i) Caesars Entertainment Operating Company, Inc. (“CEOC”), on behalf of itself and each of the Subsidiary Loan Parties (as defined in the Credit Agreement (as defined below)) identified on Exhibit A hereto (collectively, the “Company”), (ii) Caesars Entertainment Corporation (“CEC,” and together with the Company, the “Caesars Parties”), (iii) LeverageSource III (H Holdings), L.P. (“LS3”), (iv) LeverageSource V, L.P. (“LS5”), and (v) each of the undersigned noteholders, each of which is the holder of, or the investment advisor or the investment manager to a holder or holders of First Lien Bond Claims (as defined below) (and in such capacity having the power to bind such holder with r
AMENDMENT NO. 2 TO, AND WAIVER UNDER, THE BACKSTOP COMMITMENT AGREEMENTBackstop Commitment Agreement • April 9th, 2015 • Exide Technologies • Miscellaneous electrical machinery, equipment & supplies • New York
THIS AMENDMENT NO. 2 TO, AND WAIVER UNDER, (this “Amendment”) the Backstop Commitment Agreement, made by and among Exide Technologies and the Backstop Parties party thereto, dated January 7, 2015 (as amended, supplemented or otherwise modified from time to time, the “Backstop Commitment Agreement”), is made on March 31, 2015. All capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Backstop Commitment Agreement.
BACKSTOP COMMITMENT AGREEMENT AMONG HORNBECK OFFSHORE SERVICES, INC. AND THE COMMITMENT PARTIES PARTY HERETO Dated as of May 13, 2020Backstop Commitment Agreement • May 19th, 2020 • Hornbeck Offshore Services Inc /La • Water transportation • New York
This BACKSTOP COMMITMENT AGREEMENT (including exhibits and schedules attached hereto and incorporated herein, this “Agreement”), dated as of May 13, 2020, is made by and among (i) Hornbeck Offshore Services, Inc., a Delaware corporation (the “Company”), on behalf of itself and certain of its subsidiaries as set forth on Schedule 2 (each, a “Debtor” and collectively, the “Debtors”), on the one hand, and (ii) in each case in their capacity as such, the Consenting Unsecured Noteholders (as defined below) (the “Unsecured Commitment Parties”), the Consenting First Lien Lenders (as defined below) (the “First Lien Commitment Parties”) and the Consenting Second Lien Lenders (as defined below) (the “Second Lien Commitment Parties” and, together with the First Lien Commitment Parties, the “Secured Commitment Parties” and, collectively with the Unsecured Commitment Parties, each a “Commitment Party” and, collectively, the “Commitment Parties”) each as set forth on Schedule 1 hereto (as such list
RESTRUCTURING SUPPORT AGREEMENTBackstop Commitment Agreement • June 29th, 2020 • Chesapeake Energy Corp • Crude petroleum & natural gas • New York
THIS BACKSTOP COMMITMENT AGREEMENT (this “Agreement”), dated as of June 28, 2020, is made by and among Chesapeake Energy Corporation, a corporation incorporated under the Laws of Oklahoma (the “Company”), on behalf of itself and each of the other Debtors, on the one hand, and each Backstop Party, on the other hand. The Company and each Backstop Party are referred to herein, individually, as a “Party” and collectively, as the “Parties”. Capitalized terms that are used but not otherwise defined in this Agreement shall have the meanings given to them in Section 1.1 hereof or, if not defined therein, shall have the meanings given to them in the Restructuring Support Agreement or Restructuring Term Sheet, as applicable.
AMENDMENT TO BACKSTOP COMMITMENT AGREEMENTBackstop Commitment Agreement • December 30th, 2016 • Peabody Energy Corp • Bituminous coal & lignite surface mining
THIS AMENDMENT TO THE BACKSTOP COMMITMENT AGREEMENT (this “Amendment”), is made and entered into as December 28, 2016, by and among Peabody Energy Corporation, a Delaware corporation (the “Company”) on behalf of itself and each of its direct and indirect debtor subsidiaries (each a “Debtor” and, collectively, the “Debtors” and, together with their non-Debtor affiliates, the “Company Group”) on the one hand, and each Noteholder Co-Proponent (as defined in the Backstop Commitment Agreement (as defined below)) that is a Party hereto, on the other hand. The Company and each Noteholder Co-Proponent is referred to herein, individually, as a “Party” and, collectively, as the “Parties”.
BACKSTOP COMMITMENT AGREEMENT AMONG EP ENERGY CORPORATION EACH OF THE OTHER DEBTORS LISTED ON SCHEDULE 1 HERETO AND THE COMMITMENT PARTIES PARTY HERETO Dated as of October 18, 2019Backstop Commitment Agreement • October 21st, 2019 • EP Energy LLC • Crude petroleum & natural gas • New York
THIS BACKSTOP COMMITMENT AGREEMENT (this “Agreement”), dated as of October 18, 2019, is made by and among (i) EP Energy Corporation (the “Company”), each of its direct and indirect subsidiaries listed on Schedule 1 hereto (together with the Company, each a “Debtor” and collectively, the “Debtors”), on the one hand, and (ii) each of the Commitment Parties (as defined below), on the other hand. Each Debtor and each Commitment Party is referred to herein, individually, as a “Party” and, collectively, as the “Parties”.
BACKSTOP COMMITMENT AGREEMENTBackstop Commitment Agreement • March 20th, 2009 • AbitibiBowater Inc. • Paper mills • Ontario
This Backstop Commitment Agreement (this "Agreement"), dated as of ●, 2009 is entered into by and among AbitibiBowater Inc., a corporation under the laws of Delaware ("ABH"); Abitibi-Consolidated Inc., a corporation under the laws of Canada ("ACI"); Abitibi-Consolidated Company of Canada, a company under the laws of Quebec ("ACCC" and, together with ABH and ACI, the "Companies") and the other signatory hereto (the "Backstop Party", whether individually or collectively as a group of affiliated entities, as applicable). WHEREAS, the Companies and an informal committee of holders of one or more Notes (the "Noteholders") have reached agreement regarding the principal aspects of a recapitalization of the Companies and certain of their affiliates (the "Recapitalization"), as more fully described in the term sheet attached hereto as Schedule A (the "Term Sheet"), which Recapitalization and Term Sheet are intended to form the basis of a plan of arrangement (the "Plan") under the Canada Busi
BACKSTOP COMMITMENT AGREEMENT AMONGBackstop Commitment Agreement • August 19th, 2020 • New York
THIS BACKSTOP COMMITMENT AGREEMENT (this “Agreement”), dated as of June 28, 2020, is made by and among Chesapeake Energy Corporation, a corporation incorporated under the Laws of Oklahoma (the “Company”), on behalf of itself and each of the other Debtors, on the one hand, and each Backstop Party, on the other hand. The Company and each Backstop Party are referred to herein, individually, as a “Party” and collectively, as the “Parties”. Capitalized terms that are used but not otherwise defined in this Agreement shall have the meanings given to them in Section 1.1 hereof or, if not defined therein, shall have the meanings given to them in the Restructuring Support Agreement or Restructuring Term Sheet, as applicable.
BACKSTOP COMMITMENT AGREEMENT AMONG PARTY CITY HOLDCO INC. EACH OF THE OTHER DEBTORS LISTED ON SCHEDULE 1 HERETO AND THE COMMITMENT PARTIES PARTY HERETO Dated as of September 1, 2023Backstop Commitment Agreement • September 1st, 2023 • Party City Holdco Inc. • Retail-miscellaneous retail • New York
THIS BACKSTOP COMMITMENT AGREEMENT (including any Exhibits and Schedules hereto, this “Agreement”), dated as of September 1, 2023, is made by and among (i) Party City Holdco Inc. (including as debtor in possession and as reorganized pursuant to the Plan, as applicable, “PCHI”), and each of its direct and indirect debtor subsidiaries listed on Schedule 1 hereto (each, a “Debtor” and, collectively with PCHI, the “Debtors”), on the one hand, and (ii) each of the Commitment Parties, on the other hand. Each Debtor and each Commitment Party is referred to herein, individually, as a “Party” and, collectively, as the “Parties.”
BACKSTOP COMMITMENT AGREEMENT BY AND AMONG AVAYA HOLDINGS CORP., THE OTHER DEBTORS AND THE COMMITMENT PARTIES PARTY HERETO Dated as of February 14, 2023Backstop Commitment Agreement • February 14th, 2023 • Avaya Holdings Corp. • Services-prepackaged software • New York
THIS BACKSTOP COMMITMENT AGREEMENT (this “Agreement”), dated as of February 14, 2023, is made by and among Avaya Holdings Corp., a Delaware corporation (including as debtor in possession and a reorganized debtor, as applicable, the “Company”), and each of the other Debtors (as defined below), on the one hand, and each Commitment Party (as defined below), on the other hand. The Company, the other Debtors and the Commitment Parties are referred to herein, collectively, as the “Parties,” and each, individually, a “Party.” Capitalized terms that are used but not otherwise defined in this Agreement shall have the respective meanings given to them in Section 1.1 hereof or, if not defined therein, shall have the meanings given to them in the Plan (as defined below).
BACKSTOP COMMITMENT AGREEMENTBackstop Commitment Agreement • December 20th, 2022 • Cooper-Standard Holdings Inc. • Motor vehicle parts & accessories • New York
BACKSTOP COMMITMENT AGREEMENT, dated as of December 19, 2022 (this “Agreement”), among Cooper-Standard Automotive Inc., an Ohio corporation (the “Company”), and the parties set forth on Schedule 1 hereto (together with their respective successors and permitted assigns, each a “Backstop Party” and collectively, the “Backstop Parties”). The Company and each Backstop Party is referred to herein, individually, as a “Party” and, collectively, as the “Parties.”
BACKSTOP AGREEMENT AMONG AMC ENTERTAINMENT HOLDINGS, INC., EACH OF THE OTHER CREDIT PARTIES LISTED ON SCHEDULE 1 HERETO, AND THE BACKSTOP PARTIES PARTY HERETO Dated as of July 10, 2020Backstop Commitment Agreement • July 10th, 2020 • Amc Entertainment Holdings, Inc. • Services-motion picture theaters • New York
THIS BACKSTOP COMMITMENT AGREEMENT (together with the exhibits attached hereto and as may be amended, restated, supplemented, or otherwise modified from time to time in accordance with the terms hereof, this “Agreement”), dated as of July 10, 2020, is made by and among:
EXECUTION VERSION BACKSTOP COMMITMENT AGREEMENT AMONG CONSTELLATION OIL SERVICES HOLDING S.A., EACH OF THE OTHER DEBTORS LISTED ON SCHEDULE 1 HERETO AND THE COMMITMENT PARTIES PARTY HERETO Dated as of February 21, 2019 Rights .....Backstop Commitment Agreement • May 5th, 2020 • New York
and Properties............................................................................................ 18 Section 4.8 Licenses and Permits. .............................................................................. 18 Section 4.9 No Unlawful Payments ............................................................................. 19 Section 4.10 Compliance with Money Laundering Laws .............................................. 19 Section 4.11 Compliance with Sanctions Laws ............................................................. 19 Section 4.12 Investment Company Act ......................................................................... 20 Section 4.13 Insurance ................................................................................................... 20
ContractBackstop Commitment Agreement • December 22nd, 2014 • CAESARS ENTERTAINMENT Corp • Hotels & motels • New York
THIS AGREEMENT IS NOT, AND SHALL NOT BE DEEMED, A SOLICITATION FOR CONSENTS TO ANY PLAN PURSUANT TO SECTIONS 1125 AND 1126 OF THE BANKRUPTCY CODE OR A SOLICITATION TO TENDER OR EXCHANGE OF ANY OF THE NOTES OR BONDS ISSUED PURSUANT TO THE FIRST LIEN INDENTURES. EACH CONSENTING CREDITOR’S VOTE ON THE PLAN SHALL NOT BE SOLICITED UNTIL THE CONSENTING CREDITORS HAVE RECEIVED THE DISCLOSURE STATEMENT AND RELATED BALLOT(S), AS APPROVED BY THE BANKRUPTCY COURT
