Examples of Debt Backstop Agreement in a sentence
The Restructuring Support Agreement, the Equity Backstop Agreement, and the Debt Backstop Agreement each contain certain provisions that give the parties thereto the ability to terminate the applicable agreement upon the occurrence or non-occurrence of certain events, including failure to achieve certain milestones in these Chapter 11 Cases.
Termination of the Restructuring Support Agreement, the Equity Backstop Agreement, or the Debt Backstop Agreement could result in protracted Chapter 11 Cases, which could significantly and detrimentally impact the Debtors’ relationships with vendors, suppliers, employees, and major customers.
The Restructuring Support Agreement, the Equity Backstop Agreement, and the Debt Backstop Agreement shall not have been terminated in accordance with their terms and remain in full force and effect and the parties thereto shall be in compliance therewith.
Subject to the conditions to the Effective Date, the Debtors reserve the right, subject to the terms of the Restructuring Support Agreement, the Equity Backstop Agreement, and the Debt Backstop Agreement, to revoke or withdraw the Plan prior to the entry of the Confirmation Order and to file subsequent plans of reorganization.
Each Consenting Creditor that is a Backstop Party entitled to receive a Structuring Premium and the Company hereby agree to work in good faith to negotiate and execute the Equity Backstop Agreement and the Debt Backstop Agreement as promptly as practicable after the date of this Agreement, with each such agreement to be in customary form for agreements of such type.
The Consenting Creditors and the Company hereby acknowledge and agree that the economic terms regarding the Equity Backstop Agreement and the Debt Backstop Agreement, including the associated fees and structuring premiums, shall be as described in the Term Sheet.
The Debt Backstop Agreement contains substantially similar representations and warranties, covenants and conditions, and termination rights to the Equity Backstop Commitment Agreement.
Each deadline for submitting the national communications is decided on by the Conference of the Parties.
Both the Equity Backstop Agreement and Debt Backstop Agreement were negotiated at arm’s length, and in good faith, by the Debtors and the Backstop Parties, who, as the Debtors’ potential future equityholders, share the Debtors’ goal of an expeditious, value- maximizing restructuring.
The Debtors have previously agreed not to seek termination based on the original April 15, 2019 milestone dates (or the April 17, 2019 extended milestone dates) for execution of the Equity Backstop Agreement and the Debt Backstop Agreement.