Backstop Party definition

Backstop Party means the original signatories to the Backstop Commitment Agreement and any Person that, as of the Effective Date, is entitled to exercise Backstop Party Rights pursuant to, and as defined in, the Backstop Commitment Agreement.

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Backstop Party means investment Entities affiliated with Sopris.

Backstop Party means any “Commitment Party” party, as of the Restatement Date, to the Restated Backstop Commitment Letter.

Examples of Backstop Party in a sentence

• No Backstop Party or any of its Related Parties shall have any duties or obligations to the other Backstop Parties in respect of this Agreement, the Plan or the transactions contemplated hereby or thereby, except those expressly set forth herein.

• The Backstop Commitments of such transferring Backstop Party shall instead be assumed by the Backstop Parties that have exercised their Further Backstop Election in accordance with paragraph 2 of Part 2 (Backstop Undertakings) of Schedule 4 (Backstop Parties and Undertakings).

• If that Backstop Party then acquires a further US$10,000,000 in principal amount of Senior Claims after the Backstop Deadline and transfers US$5,000,000 in principal amount of its Senior Claims to any person, that person shall not be deemed to be a Backstop Party.

• To the extent applicable, such Backstop Party is a legal entity duly organized, validly existing and, if applicable, in good standing (or the equivalent thereof) under the laws of its jurisdiction of incorporation or organization.

• Such Backstop Party acknowledges and agrees that the Company is acting solely in the capacity of an arm’s length contractual counterparty to such Backstop Party with respect to the transactions contemplated hereby (including in connection with determining the terms of the Rights Offering).

More Definitions of Backstop Party

Backstop Party and “Backstop Parties” have the meanings assigned to them in the Preamble hereto.

Backstop Party means the Majority Lender.

Backstop Party means Silver Lake Sumeru, L.P. and/or its Affiliates and managed accounts, or another Person or Persons who may be selected by the Debtors and, if so selected, will enter into the Backstop Rights Purchase Agreement with Spansion Inc.. If the Debtors decide to proceed with the Rights Offering with a Backstop Party other than Silver Lake Sumeru, L.P. and/or its Affiliates, the identity of the Backstop Party will be disclosed in the Plan Supplement.

Backstop Party or “Backstop Parties” means, relating to any Backstop Commitment, either (A) an actual or beneficial holder or holders of such Backstop Commitment, including the signatory therefor, its affiliates and its and their respective accounts and funds advised or managed by any of them, or other entities that hold Subordinated Notes directly or indirectly on their behalf (or their applicable designees), or (B) an actual or beneficial holder or holders of Backstop Commitments (or their applicable designees), which for the avoidance of doubt, in the case of an investment fund or separate account managed or advised by an investment manager, adviser, or sub-adviser, shall mean such investment manager, adviser or sub-adviser on behalf of such investment fund or separate account unless otherwise identified by the Backstop Party on such Backstop Party’s signature page. With respect to any signatory to this Agreement, the applicable definition of Backstop Party as between clauses

Backstop Party means each holder of a Backstop Commitment that is party to this Agreement, subject to the replacement of such party in the event of a Backstop Party Default.

Backstop Party means each member of the Ad Hoc Committee of Noteholders, Azurite, or other Person that holds a Funding Commitment pursuant to this Agreement, including without limitation, any holder of a Funding Commitment that is a Related Purchaser, Existing Commitment Party Purchaser or a New Purchaser that has joined this Agreement pursuant to a joinder entered into pursuant to Section 2.6(b), Section 2.6(c), or Section 2.6(d), respectively.

Backstop Party means any “Commitment Party” party, as of the Signing Date, to the Backstop Commitment Letter.