Examples of Initial Consenting Noteholder in a sentence
Bennett Jones LLP shall be entitled to rely on a communication in any form acceptable to Bennett Jones LLP, in its sole discretion, from any Initial Consenting Noteholder for the purpose of determining whether such Initial Consenting Noteholder has agreed to, waived, consented to or approved a particular matter, and the principal amount of Notes held by such Initial Consenting Noteholder.
On the Plan Implementation Date, in accordance with the steps and sequence set out in Section 5.4, each Initial Consenting Noteholder shall receive its Initial Consenting Noteholder’s Pro-Rata Share of 5% of the New Common Shares issued and outstanding on the Plan Implementation Date in respect of the Structuring Equity.
This Agreement and the obligations hereunder may be terminated by mutual written consent to terminate this Agreement among: (i) the Company, (ii) the Majority Consenting Lenders, (iii) the Committee, and (iv) each Initial Consenting Noteholder.
Any such termination of the Agreement as to all Parties shall be effective upon the giving of written notice by the Initial Consenting Noteholder in accordance with Section 16(q).
The Company hereby acknowledges and agrees that the termination of this Agreement and the obligations hereunder as a result of a Consenting Creditor Termination Event, and the delivery of any notice by the Majority Consenting Lenders, the Committee, a Consenting Noteholder or an Initial Consenting Noteholder, pursuant to any of the provisions of this Section 5.02 shall not violate the automatic stay imposed in connection with the Bankruptcy Cases.
Notwithstanding any of the foregoing, no material amendment to the Plan or the Recapitalization Transaction that is inconsistent with the Term Sheet shall be made without the consent of each Initial Consenting Noteholder (as such term is defined in the Term Sheet).
Goodmans LLP shall be entitled to rely on a communication in any form acceptable to Goodmans LLP, in its sole discretion, from any Initial Consenting Noteholder for the purpose of determining whether such Initial Consenting Noteholder has agreed to, waived, consented to or approved a particular matter, and the principal amount of Notes held by such Initial Consenting Noteholder.
Notwithstanding anything herein to the contrary, nothing herein shall require any Initial Consenting Noteholder or Initial Consenting First Lien Lender to provide any information that it determines, in its sole discretion, to be sensitive or confidential.
The RSA shall not have terminated, and no event shall have occurred that, with the passage of time or giving of notice, would give rise to the right of the Required Consenting Noteholders to terminate the RSA; provided that the foregoing shall not apply to any automatic termination event arising out of Section 12.04(c) of the RSA with respect to any Consenting Noteholder that is not an Initial Consenting Noteholder (as defined in the RSA).
No event that gives rise to an Expiry Date may be waived, except in a writing signed by Noteholders holding at least 75% of the aggregate principal amount of Notes held by all Noteholders that have signed a support agreement in connection with the Recapitalization, and including each Initial Consenting Noteholder.