Exit Transactions definition

Exit Transactions means the actions described under “Shareholders—The Exit Transactions.”

Exit Transactions means (a) the United States Bankruptcy Court for the Southern District of New York’s issuance of an order confirming the Reorganization Plan (the “Confirmation Order”) at Docket No. 3960 which Confirmation Order shall not be stayed or vacated, and which shall be otherwise in full force and effect without modification in any way materially adverse to the Lenders without the consent of the Administrative Agent, (b) the completion of the Exit Financing Approval Process (as defined in the Confirmation Order) in accordance with the terms of the Confirmation Order pursuant to the Exit Financing Term Sheet Documents (as defined in the Confirmation Order), which Exit Financing Term Sheet Documents shall be in form and substance reasonably acceptable to the Administrative Agent, and (c) the satisfaction or waiver of all conditions precedent to the effectiveness of the Reorganization Plan (to the extent such waiver is not materially adverse to the Lenders) and occurrence of the Effective Date (as defined in the Reorganization Plan) under the Reorganization Plan (which may occur substantially simultaneously with the Effective Date (as defined in this Agreement)) which Reorganization Plan is in full force and effect, without modification in any way materially adverse to the Lenders without the consent of the Administrative Agent.

Exit Transactions means, collectively, the entry of the Confirmation Order, the Canadian Confirmation Order the transactions contemplated by the Approved Plan, the entry into the Second Out Term Loan Facility and the deemed funding of the loans thereunder, the deemed funding of the Rolled Up Term Loans on the Closing Date, the funding of the New Money Term Loans on the Closing Date, the consummation of the other transactions contemplated by this Agreement and the Approved Plan, the consummation of any other transactions in connection with the foregoing, and the payment of the fees and expenses incurred in connection with any of the foregoing (including the Transaction Expenses).

Examples of Exit Transactions in a sentence

• Upon issuance of the requested Order, Joint Follow-On Transactions and Joint Exit Transactions may arise as described above.

• Except for the Chapter 11 Cases and the Canadian Recognition Proceeding, there are no actions, suits or proceedings pending or, to the knowledge of any Credit Party, threatened in writing against any Credit Party or any of its Subsidiaries (a) that would reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect or (b) that involves this Agreement or the Exit Transactions.

• All references herein to Holdings and the other Subsidiaries shall be deemed to be references to such Persons, and all the representations and warranties of the Credit Parties contained in this Agreement and the other Credit Documents shall be deemed made, in each case, after giving effect to the Exit Transactions to occur on the Closing Date, unless the context otherwise requires.

• The Administrative Agent and the Lenders shall have received a solvency certificate from an Authorized Officer of the U.S. Subsidiary Borrower (after giving effect to the Exit Transactions) substantially in the form attached hereto as Exhibit B.

• The Major Holders, in exercising their rights under this section shall have complete discretion over the terms and conditions of any Exit Transactions effected thereby, including, without limitation, price, payment terms, conditions to closing, representations, warranties, affirmative covenants, negative covenants, indemnification, holdbacks and escrows.

More Definitions of Exit Transactions

Exit Transactions shall have the meaning set forth in the recitals hereto.

Exit Transactions means, collectively, the entry of the Confirmation Order, the Canadian Confirmation Order the transactions contemplated by the Approved Plan, the entry into the First Out Term Loan Facility and the funding (including any deemed funding) of the loans thereunder, the deemed funding of the Term Loans on the Closing Date, the consummation of the other transactions contemplated by this Agreement and the Approved Plan, the consummation of any other transactions in connection with the foregoing, and the payment of the fees and expenses incurred in connection with any of the foregoing (including the Transaction Expenses).

Exit Transactions means, collectively, the entry of the Confirmation Order, the transactions contemplated by the Approved Plan, the entry into the First Out Term Loan Facility and the deemed funding of the loans thereunder, the deemed funding of the Loans on the Closing Date, the consummation of the other transactions contemplated by this Agreement and the Approved Plan, the consummation of any other transactions in connection with the foregoing, and the payment of the fees and expenses incurred in connection with any of the foregoing (including the Transaction Expenses).

Exit Transactions means the Plan of Reorganization and the transactions contemplated thereby.

Exit Transactions shall have the meaning assigned to such term in Section 4.02(e).

Exit Transactions means the Plans of Reorganization and the transactions contemplated thereby.

Exit Transactions means the entry by the Borrower, the Guarantors, the Administrative Agent and each Lender into the credit facilities (collectively, the “Exit Facility”) as more fully described in the Exit Facility Term Sheet.