Consenting First Lien Creditors definition
Examples of Consenting First Lien Creditors in a sentence
Registration rights, if any, to be provided to the Backstop Parties and the Required Consenting First Lien Creditors will be set forth in the Governance Term Sheet.
The First Lien Credit Agreement Agent and the Consenting First Lien Creditors hereby agree, subject to the terms of this Agreement, to waive until May 31, 2016 (the “Waiver Termination Date”) (a) the requirement to implement, and ▇▇▇▇▇▇▇▇▇’▇ alleged failure to implement, a cure option under Section 2.05(c) of the First Lien Credit Agreement by the Deadline Date, (b) the Going Concern Event of Default, (c) the Financial Covenant Events of Default and (d) the RSA Events of Default.
Uniti shall have paid the APA Purchase Price (as defined below) and the IRU Purchase Price (as defined below) to the Windstream Entity or Entities designated by the mutual agreement of the Debtors, the Required Consenting First Lien Creditors, and the Requisite Backstop Parties (as defined in the Backstop Commitment Agreement).
This Agreement, and the obligations of all Parties hereunder, may be terminated by mutual written agreement among all of the following: (a) the Required Consenting First Lien Creditors and (b) each Company Party.
Tax Matters The Debtors and the Required Consenting Creditors shall cooperate in good faith to structure the Restructuring Transactions and related transactions in a tax-efficient manner for the Debtors and the Consenting First Lien Creditors to the extent practicable; provided that such structure shall be acceptable to the Company Parties and the Required Consenting First Lien Creditors.
Releases The Consenting First Lien Creditors shall be included in the definition of “Released Parties” and “Releasing Parties” (or any similar definition relating to beneficiaries and providers of a debtor release, third party release, and exculpation, as applicable) under the Plan.
Substantially simultaneously with the Petition Date, PDCL will be placed in a parallel insolvency proceeding in a court of competent jurisdiction in the Cayman Islands (the “Cayman Proceedings”) in order to effectuate and gain recognition of the Restructuring Transactions in the Cayman Islands, with the Cayman Restructuring Documents being acceptable to the Required Consenting First Lien Creditors as provided in the RSA.
Remaining Intercompany Interests (“Intercompany Interests”) shall be, at the option of the Debtors, subject to the consent of the Required Consenting First Lien Creditors or the Reorganized Debtors, either reinstated or cancelled and released without any distribution.
Governance The corporate governance documents relating to Reorganized PDC shall be on the terms set forth on Exhibit C hereto (the “Governance Term Sheet”) and such other terms as determined by the Required Consenting First Lien Creditors, after consultation in good faith with the Company Parties and with the Required Consenting Second Lien Creditors.
Finally, the Consenting First Lien Creditors shall be included as Released Parties and Releasing Parties under the Plan.