Initial Commitment Parties definition

Initial Commitment Parties means the holders of new money commitments under the Investment Agreement that executed and delivered counterpart signature pages on September 12, 2017, solely in their capacities as such, including any respective successors or assigns (including any transferee of a transfer made pursuant to Section 2.6(a) of the Investment Agreement), all as provided in the Investment Agreement.

Initial Commitment Parties means JPMorgan Chase Bank, N.A., Bank of America, N.A., BofA Securities, Inc. and Xxxxxx Xxxxxxx Senior Funding, Inc.

Initial Commitment Parties means those Persons that entered into the Commitment Letter as of July 13, 2020 as the "Initial Commitment Parties" thereunder, and their permitted assigns;

Examples of Initial Commitment Parties in a sentence

• Shareholder Rights Plan The Company, the Initial Commitment Parties and the Majority Initial Consenting Noteholders shall use commercially reasonable efforts to negotiate a customary shareholder rights plan to be adopted by the Company.

• Documentation The Company and its advisors will work cooperatively with the Majority Initial Consenting Noteholders and the Initial Commitment Parties and their respective advisors to prepare and finalize all Definitive Documents (including, without limitation, all Court documents and the Plan) required to implement the Recapitalization Transaction.

• Tax Considerations The Recapitalization Transaction will be structured in a manner acceptable to the Company, the Initial Commitment Parties and the Majority Initial Consenting Noteholders to effectuate the terms and conditions outlined herein in a tax efficient and acceptable manner for the Company, the Initial Commitment Parties and the Majority Initial Consenting Noteholders.

• Notwithstanding anything to the contrary in this Commitment Letter, the New 1.5 Lien Term Sheet and the investor rights described in Schedule "H" to this Commitment Letter cannot be amended or modified without the consent of all Initial Commitment Parties.

• None of the Applicants nor the New 1.5 Lien Note Trustee shall have any liability or obligation in respect of any deliveries of the New 1.5 Lien Notes from CDS, DTC or such other depository as agreed by the Applicants and the Initial Commitment Parties or the Intermediaries to the Funding Electing Noteholders or the Funding Commitment Parties, as applicable.

More Definitions of Initial Commitment Parties

Initial Commitment Parties means each Commitment Party that is a party to this Agreement as of the date of this Agreement.

Initial Commitment Parties has the meaning set forth in the Backstop Commitment Agreement.

Initial Commitment Parties means each Person who is a Commitment Party as of the date hereof.

Initial Commitment Parties means those Commitment Parties who executed the Original Agreement on December 12, 2018.

Initial Commitment Parties means those Consenting Noteholders (and others) who have executed the Commitment Letter, and are defined as "Initial Commitment Parties" therein. "Initial Consenting Noteholders" means Noteholders who, on or prior to July 13, 2020 entered into the Support Agreement (including by way of a Joinder Agreement), provided that such Initial Consenting Noteholder continues to hold at least 80% of its respective principal amount of Relevant Senior Unsecured Notes as set out on its signature page to the Support Agreement. "Joinder Agreement" means a joinder agreement, the form of which will be appended to the form of Support Agreement, pursuant to which a Noteholder agrees, among other things, to be bound by and subject to the terms of the Support Agreement and thereby become a Consenting Noteholder. "Majority Commitment Parties" has the meaning given to it in the Commitment Letter. "Majority Initial Consenting Noteholders" means Initial Consenting Noteholders holding not less than 66 2/3% of the aggregate principal amount of the Senior Unsecured Notes held by all Initial Consenting Noteholders. "New 1.5 Lien Notes" means in aggregate the CAD$60 million in new 10% PIK interest convertible secured notes to be issued prior to or concurrent with the completion of the Recapitalization Transaction. "New Shares" means all Common Shares of CWS issued to Senior Unsecured Noteholders pursuant to the Plan. "Noteholders" means, collectively, the Senior Unsecured Noteholders. "Proceedings" means the Company's proceedings under the CBCA pursuant to which the Plan shall be implemented. "Pro Forma Common Shares" means all of the issued and outstanding common shares of CWS, as at immediately following the Effective Time and taking into account the Existing Shareholder Shares and the New Shares, but not taking into account the Backstop Shares issued pursuant to the Plan, and subject to dilution pursuant to conversion of the New 1.5 Lien Notes. "Record Date" means July 13, 2020. "Second Lien Noteholders" means a holder or holders of the Second Lien Notes, in their capacity as such.

Initial Commitment Parties has the meaning set forth in Section 6 hereof.

Initial Commitment Parties means each Commitment Party that is an SVP