Examples of Amended Commitment Letter in a sentence
Except as set forth herein, this Agreement supersedes all prior agreements between the parties with respect to its subject matter, including, without limitation, the Commitment Letter, the Amended Commitment Letter, the Term Sheet and the Amended Term Sheet and constitutes (along with the documents referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter.
In the event of any litigation or dispute involving this Agreement, the Amended Commitment Letter and/or the Amended Term Sheet, the Purchasers shall not be responsible or liable to the Company or any other Person for any special, indirect, consequential, incidental or punitive damages.
Please refer to the Oaktree Motion, Commitment Letter, Supplemental Motion, Amended Commitment Letter and Oaktree Order for the complete terms thereof.
The Oaktree Order approved the Oaktree Motion, as supplemented by the Chapter 11 Trustee’s Supplemental Motion to Break-up Fee Motion Seeking Court Approval of Procedures to Confirm Plan Funder (Docket No. 334) (the “Supplemental Motion”), and as further supplemented by Oaktree Capital Management, L.P.’s Notice of Amended Commitment Letter (Docket No. 385) (the “Amended Commitment Letter”).
As the terms of the Amended Commitment Letter were substantially different from the terms of the Commitment Letter, the amendment was determined to be derecognition of debt in accordance with IFRS 9, Financial Instruments.
The Company incurred transaction costs of $241,872 in connection with the Amended Commitment Letter.
On September 16, 2022, the Company was advanced an incremental $10,000,000 pursuant to the Amended Commitment Letter.
Pursuant to the terms of the Amended Commitment Letter and the Amended Term Sheet, Onex Corporation has previously received an initial payment of $1,750,000.00 (the "Initial Installment") of the Commitment Fee.
As a commitment fee for entering into the Amended Commitment Letter and causing certain of its Affiliates to enter into this Agreement, Onex Corporation , the parent company of certain of the Purchasers, is entitled to receive a fee (the "Commitment Fee") equal to 1.75% of the aggregate purchase price for all of the Shares purchased by all of the Purchasers.
This Amendment shall be subject to the waiver of jury trial, jurisdiction and service of process provisions as set forth in the Amended Commitment Letter as if such provisions were restated in full herein mutatis mutandis, and such provisions shall survive to the extent contemplated by the sixth paragraph of Section 10 of the Amended Commitment Letter.