Backstop Purchaser definition

Backstop Purchaser means Avenue Special Situations Fund V, L.P., which has agreed to backstop the Offering pursuant to the terms of the Backstop Commitment Agreement.
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Backstop Purchaser means Aldermanbury Investments Limited and any of its Affiliates.
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Backstop Purchaser means Avenue Capital Management II, L.P., solely in its capacity as its investment advisor to Avenue Investments, L.P., Avenue International Master, L.P., Avenue Special Situations Fund IV, L.P., Avenue Special Situations Fund V, L.P., and Avenue CDP-Global Opportunities Fund, L.P.
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Examples of Backstop Purchaser in a sentence

  • If at the conclusion of such five (5) Business Day period, the Non-Defaulting Preferred Backstop Investors have not elected to exercise the Default Purchase Right in its entirety or have not found a third-party to replace the commitment of the Defaulting Backstop Purchaser, then the Company or CEOC may terminate this Agreement.

  • The Backstop Purchaser has knowledge and experience in financial and business matters; is familiar with the investments of the type that it is undertaking to purchase; is fully aware of the problems and risks involved in making an investment of this type; and is capable of evaluating the merits and risks of this investment.

  • The Backstop Purchaser is familiar with the business in which the Company is engaged.

  • The Backstop Purchaser acknowledges that, prior to executing this Agreement, it (and each of its representatives) has had the opportunity to ask questions of and receive answers or obtain additional information from a representative of the Company concerning the financial and other affairs of the Company.

  • The Backstop Purchaser is an “accredited investor” as that term is defined in Regulation D promulgated under the Securities Act of 1933, as amended (the “Securities Act”).

  • If the Backstop Purchaser is a corporation, partnership or limited liability company duly organized, the Backstop Purchaser is validly existing and in good standing under the laws of its state or country of organization.

  • Notwithstanding the foregoing, in no event shall this Section 6(c) obligate any Backstop Purchaser to dispose or hold separate any of its assets.

  • If at the conclusion of such 15 day period, the Company has been unable to find a third-party Reasonably Satisfactory to the Backstop Purchasers to replace the remaining commitment of the Defaulting Backstop Purchaser, then the Company may terminate this Agreement and each Non-Defaulting Backstop Purchaser may terminate its respective obligations under this Agreement.

  • Each Backstop Purchaser shall (A) promptly supply the Company with any information which may be required in order to obtain approval under the HSR Act or the merger control rules of any other jurisdiction or jurisdictions in which approval is required by Law related to the placement of Common Shares and Preferred Shares with the Backstop Purchasers, and (B) respond as promptly as practicable to any inquiries received from any Governmental Authority for additional information or documentation.

  • Such Backstop Purchaser acknowledges and agrees that except for the representations and warranties expressly contained in Section 3 herein none of the Company and its Subsidiaries nor any other Person on behalf of the Company or its Subsidiaries makes any other representation or warranty of any kind or nature, express or implied, in connection with the Transactions contemplated by this Agreement and the Ancillary Agreements.