Examples of Initial Commitment Party in a sentence
In the event of any such reallocation, the Commitment Pro Rata Share of each Initial Commitment Party shall be reduced by an amount equal tothe Reallocated Pro Rata Share multiplied by such Initial Commitment Party's Commitment Pro Rata Share as at the date of this Commitment Letter.
The Company shall provide to the Initial Commitment Party and its counsel a copy of the proposed Plan and the Disclosure Statement and any proposed amendment, modification, supplement or change to the Plan or the Disclosure Statement, and a reasonable opportunity to review and comment on such documents.
The Plan and Disclosure Statement shall be in form and substance reasonably acceptable to the Initial Commitment Party.
The Initial Commitment Party shall promptly provide summary copies of all invoices (redacted as necessary to protect privileges) to the Debtors and to the United States Trustee.
The BCA Approval Order and the Disclosure Statement Order shall be in form and substance reasonably acceptable to the Initial Commitment Party.
Following the Closing, the Company shall timely file a Form D with the SEC with respect to the Rights Offering Shares and the Unsubscribed Shares issued hereunder to the extent required under Regulation D of the Securities Act and shall provide, upon request, a copy thereof to each Initial Commitment Party.
On the Closing Date, except in the case of a Commitment Party Default, the Company shall issue to the Commitment Parties or their respective designees warrants to purchase 10,000,000 shares of Common Stock at a strike price equal to 150% of the Offering Price and with a term of five years from the Effective Date (the “Warrants”), pursuant to a warrant agreement in form and substance reasonably acceptable to the Initial Commitment Party and the Company.
No Transfer pursuant to Section 2.6(b) or Section 2.6(c) (except, in the case of Section 2.6(c), to the extent such Transfer is to an Initial Commitment Party) shall release a Commitment Party from any of its obligations under this Agreement in the event such transferee does not fulfill such obligations hereunder.
Order waiting time for intermediate inventory averages greater than one day at each plant.
The provisions of this Section 6.4(b) shall not apply to any Initial Commitment Party that is or becomes a party to a confidentiality or non-disclosure agreement with the Company Group Members, for so long as such agreement remains in full force and effect (including any amendments thereto).