Examples of Investor Commitment Letter in a sentence
Parent shall not attempt to enforce the Equity Investors Commitment Letter, the MD Investors Commitment Letter or the MSDC Investor Commitment Letter until the conditions set forth in this Section 2.6.1 have been satisfied.
Each Investor shall be entitled to enforce or cause the Purchaser to enforce the provisions of the Investor Commitment Letter against the other Investor in accordance with this Agreement, but only if, pursuant to Section 6, the Investors have determined to proceed with the Transaction to Closing.
MSDC Investor hereby represents and warrants to the other Investors that together with its affiliated investment funds it has, or has access to, and at Closing will have, unfunded capital commitments or otherwise have sufficient funds in an amount not less than the MSDC Cash Commitment and no internal or other approval is required for MSDC Investor to fulfill its obligations under the MSDC Investor Commitment Letter applicable to it.
Subject to the foregoing provisions of this Section 2.6.1, Parent shall have no right to enforce the Equity Investors Commitment Letter, MD Investors Commitment Letter or MSDC Investor Commitment Letter unless directed to do so by the Requisite Investors in accordance with this Section 2.6.1.
The Company and the Company Subsidiaries, on a consolidated basis, shall satisfy the conditions set forth on Exhibit J to the Investor Commitment Letter, subject to the right to cure any failure of such conditions in accordance with Exhibit J to the Investor Commitment Letter.
Not later than September 30, 2008, the Company shall have filed in the Cases the Plan reflecting the terms outlined in Exhibit A to the Investor Commitment Letter, not containing terms that are inconsistent with those outlined in Exhibit A to the Investor Commitment Letter and otherwise in form and substance reasonably satisfactory to Investor, and a disclosure statement accompanying the Plan (the “Disclosure Statement”) in form and substance reasonably satisfactory to Investor.
The Purchaser shall have no right to enforce any Investor Commitment Letter unless directed to do so by the Investors in accordance with Section 6.
As of the date hereof, Parent is not aware of any misrepresentation in any Investor Commitment Letter or the Equity Commitment Letter.
Parent shall not, and shall cause Sponsor and any of its or Sponsor’s Affiliates party thereto not to, without the prior written consent of the Company, amend, modify, supplement or waive any of the conditions or contingencies to funding contained in the Equity Commitment Letter or any Investor Commitment Letter, or any other provision of the Equity Commitment Letter or any Investor Commitment Letter, in any case in a manner that would reasonably be expected to be adverse to the Company.
Annex D hereto is hereby appended to the Investor Commitment Letter as “Annex I-A” thereto.