Exit Backstop Parties definition

Exit Backstop Parties means those Entities set forth on Exhibit B to the Term Sheet, together with their affiliates, and any affiliated investment funds, investment vehicles or Entity that is managed, advised or sub-advised by such Entity or such affiliate.
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Exit Backstop Parties means the parties identified on Exhibit 7 to the Restructuring Support Agreement, as may be updated or amended.
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Exit Backstop Parties means the parties identified on Exhibit 7 to the RestructuringSupport Agreement, as may be updated or amended.
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Examples of Exit Backstop Parties in a sentence

  • Any unsubscribed portion of the Exit Term Loans shall be allocated to the Exit Backstop Parties in accordance with their rights.

  • Because the Exit Backstop Parties require the Termination Payment to enter into the Exit Financing Letters, and because the Exit Facility is essential to the Debtors’ ability to consummate the RCS Plan, the Termination Payment is “necessary to preserve the value of the estate[s],” and the Debtors should be authorized to execute and perform under the Exit Financing Letters and the corresponding provisions under the Amended RSA.

  • In addition, the Debtors’ obligation to pay a Termination Payment upon the occurrence of an Termination Payment Event, including due to the confirmation of an alternative plan or the provision of exit financing by parties other than Barclays, the Exit Backstop Parties, or the Exit Facility Lenders should be approved under section 503(b) of the Bankruptcy Code as necessary to preserve the value of the Debtors’ estates.38.

  • To the extent a Holder of an Allowed DIP Claim does not elect to convert its DIP Claim into First-Out Exit Term Loans, such Holder shall have its DIP Claim paid in full in Cash, and to the extent such non-converting Holder does not otherwise fund in Cash its Pro Rata share of First- Out Exit Term Loans, any resulting deficit will be backstopped by the Exit Backstop Parties.

  • No Entity (other than the Consenting Lenders, the DIP Agent, the DIP Lenders, the DIP Backstop Parties and the Exit Backstop Parties) may rely on the absence of a specific reference in the Plan, the Plan Supplement (including the Schedule of Retained Causes of Action), or the Disclosure Statement to any Cause of Action against it as any indication that the Debtors or the Reorganized Debtors, as applicable, will not pursue any and all available Causes of Action of the Debtors against it.

  • Since the plant has closed, the public interest is no longer compelling a transfer.

  • As set forth above, the Exit Financing Letters and Amended RSA obligate the Debtors to undertake certain payment obligations and provide certain indemnification to, among others, Barclays and the Exit Backstop Parties, whether or not any of the transactions contemplated by the Exit Financing Letters and Amended RSA are consummated.

  • Further, providing advance certainty to the Exit Facility Lenders and Exit Backstop Parties that they will receive the agreed consideration for their substantial commitments will ensure that the Debtors will have financing acceptable to the Court at confirmation, thereby averting unnecessary delays and potential milestone defaults.

  • The Exit Backstop Parties also require prior assurance that the economic value of their negotiated rights with respect to the Company’s post-emergence capital structure will be preserved through payment of a customary Termination Payment (as defined below) if a different exit financing facility, plan, or restructuring is ultimately confirmed or consummated.

  • For the avoidance of doubt, the Debtors and the Reorganized Debtors do not reserve any Causes of Action or Litigation Claims that have been expressly released (including, for the avoidance of doubt, Claims against the Consenting Lenders, the DIP Agent, the DIP Lenders, the DIP Backstop Parties and the Exit Backstop Parties and Claims otherwise released pursuant to the Debtor Releases provided in Article X.B and the Exculpation contained in Article X.E of this Plan).

Related to Exit Backstop Parties

  • Backstop Parties means, collectively, the Initial Backstop Parties and the Additional Backstop Parties.

  • Backstop Commitment has the meaning set forth in Section 2.2(b).

  • Backstop Agreement has the meaning set forth in the recitals to this Agreement.

  • Backstop Commitment Agreement means that certain Backstop Commitment Agreement, by and between CEOC and the PropCo Preferred Backstop Investors party thereto from time to time, as the same may be amended, amended and restated, supplemented, or otherwise modified from time to time in accordance with its terms, the form of which shall be included in the Plan Supplement.

  • Investor Parties has the meaning set forth in the Preamble.

  • Commitment Parties means the “Commitment Parties” as defined in the Commitment Letter.

  • Oaktree means Oaktree Capital Management, LLC and its Affiliates, including any partnerships, separate accounts or other entities managed by Oaktree.

  • Exit Financing means the financing under the Exit Facility.

  • PIPE Investors means those certain investors participating in the PIPE Investment pursuant to the Subscription Agreements.

  • Investors means the Initial Investors and any transferee or assignee who agrees to become bound by the provisions of this Agreement in accordance with Section 9 hereof.

  • Majority Investors means, as of any date, the holders of a majority of the Investor Shares outstanding on such date.

  • Lead Investors means collectively, BlackRock, GSO, Magnetar and, solely for purposes of Section 2.02(b), Investment Partners V (II), LLC.

  • Existing Investors shall have the meaning given in the Preamble hereto.

  • CEC means the California Energy Commission or its successor agency.

  • Exit Facility means a credit facility that will be entered into by the City, the Exit Facility Agent and the other financial institutions party thereto on the Effective Date on substantially the terms set forth on Exhibit I.A.119.

  • Existing Stockholders means the stockholders of the Corporation immediately prior to the IPO as listed on Schedule A (including the Existing Stockholders Representative in its capacity as an Existing Stockholder) together with any Permitted Assignees.

  • Majority Members means Members holding a majority of the Units owned by all Members or if there is only one Member, such Member.

  • Co-Investors means each of (a) the Fund and the Fund Affiliates (excluding any of their portfolio companies) and (b) the Management Group.

  • Purchaser Group means, at any time, the group of companies comprised of the Purchasers, the Guarantor and the Guarantor’s subsidiaries at that time.

  • Purchaser Parties means, collectively, the Purchasers and any of their respective former, current or future directors, officers, employees, agents, general or limited partners, managers, members, stockholders, Affiliates or assignees or any former, current or future director, officer, employee, agent, general or limited partner, manager, member, stockholder, Affiliate or assignee of any of the foregoing.

  • Debt Financing Sources means the Persons that have committed to provide, or otherwise entered into agreements in connection with, the Debt Financing (including the parties to any joinder agreements, credit agreements or other definitive agreements relating thereto) and their respective Affiliates and such Person’s (and their respective Affiliates’), officers, directors, employees, attorneys, advisors, agents and representatives involved in the Debt Financing and their successors and permitted assigns.

  • Consenting Creditors has the meaning set forth in the preamble to this Agreement.

  • Initial Commitment means, as to the Lender, its obligation to make an Initial Loan to the Borrower pursuant to Section 2.01(a) in an aggregate amount not to exceed the amount set forth opposite the Lender’s name in Schedule 1.01A under the caption “Initial Commitment”, as such amount may be adjusted from time to time in accordance with this Agreement (including Section 2.14). The initial aggregate amount of the Initial Commitments is $75,000,000.

  • Debt Financing has the meaning set forth in Section 5.7.

  • Consortium Members means the members of the Consortium, formed by the Bidder for purposes of the Transaction in accordance with this RFP and shall include members who have submitted the Format for Consortium Agreement (Annexure 5) specified in the RFP.

  • Founders means all Members immediately prior to the consummation of the IPO.