Non-consenting working interest owner means a working interest owner who does not enter into an agreement with Ascent pertaining to the operation of the Pointer N CRC JF Unit. At the time of this order, there are no non-consenting working interest owners identified by Ascent.
Consenting Party means a Party who agrees to participate in and pay its share of the cost of an Exclusive Operation.
First Amendment Closing Date has the meaning assigned to such term in the First Amendment.
Third Amendment Closing Date has the meaning assigned to such term in the Third Amendment.
Second Amendment Closing Date has the meaning assigned to such term in the Second Amendment.
Required Consenting Noteholders means, as of the relevant date, the Consenting Noteholders then holding greater than fifty and one-tenth percent (50.1%) of the aggregate outstanding principal amount of Senior Notes Claims that are held by all Consenting Noteholders subject to the Restructuring Supporting Agreement as of such date.
Fourth Amendment Closing Date the date on which all the conditions precedent set forth in Section 3 of the Fourth Amendment shall be satisfied or waived.
Consenting working interest owner means any working interest owner who enters into an agreement with SWN pertaining to the operation of the Posey B Unit.
Seller's Closing Certificate means the certificate of Seller in the form of Exhibit C attached hereto.
Settling Parties means the Defendants and the Class Representatives, on behalf of themselves, the Plan, and each of the Class Members.
Non-Consenting Bank means any Bank that does not approve any consent, waiver or amendment that (a) requires the approval of each Bank or each affected Banks in accordance with the terms of Section 10.05 and (b) has been approved by the Required Banks.
Financing Parties means Parties financing the Project, pursuant to Financing Documents.
Buyer Closing Certificate has the meaning set forth in Section 7.03(d).
Seller Closing Certificate has the meaning set forth in Section 7.02(d).
Non-Consenting Lenders has the meaning specified in Section 3.07(d).
Amendment Closing Date means the first date that all the conditions precedent set forth in this Amendment are satisfied or waived in accordance herewith.
Draft Closing Statement means a draft closing statement as of the close of business of the fifth (5th) Business Day immediately preceding the Closing Date setting forth an estimate of the Purchase Price (including all adjustments and prorations thereto).
Closing Date Acquisition Agreement shall have the meaning assigned to such term in the recitals hereto.
Pre-Closing Statement has the meaning set forth in Section 2.4(a).
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.
Closing Press Release has the meaning set forth in Section 5.4(b).
Non-Consenting Lender means any Lender that does not approve any consent, waiver or amendment that (a) requires the approval of all Lenders or all affected Lenders in accordance with the terms of Section 11.01 and (b) has been approved by the Required Lenders.
Acquisition Agreement Representations means the representations and warranties with respect to the Companies made by the Seller in the Acquisition Agreement to the extent a breach of such representations and warranties is material to the interests of the Lenders, but only to the extent that the Borrower or its Affiliates have the right to terminate its or their obligations under the Acquisition Agreement (or decline to consummate the Rockwood Acquisition) as a result of a breach of such representations in the Acquisition Agreement.
Buyer Representatives means the Buyer's accountants, counsel, environmental consultants, financial advisors and other authorized representatives.
Restatement Agreement has the meaning set forth in the introductory statement of this Agreement.
Seller’s Representatives means Seller’s accountants, employees, counsel, environmental consultants, financial advisors, and other representatives.