Examples of Modified Plan Agreement in a sentence
The Debtor and the Committee agree and are hereby prohibited from further "shopping" this Modified Plan Agreement to third parties and, except as otherwise provided herein, later withdrawing its support of the Modified Plan Agreement.
By signing this letter where appropriate below, UDC, the Debtor and the Committee agree that this letter will suffice as an agreement binding the signatories to support confirmation of a Chapter 11 Plan containing terms consistence with the Modified Plan Agreement, and not containing other provisions materially altering the provisions herein, subject only to the fiduciary obligations, if any, of the Debtor and the Committee to consider higher and better offers, if any.
This Modified Plan Agreement is expressly subject to: (a) execution and filing with the bankruptcy court of a definitive Chapter 11 Plan, the related documents contemplated herein and approval by the court with jurisdiction over the Debtor's Chapter 11 Case; and (b) approval of the Securitized Pools 11 Servicing Fee (provided that UDC may unilaterally waive this Section 20(b)).
All parties will work cooperatively with one another regarding sharing of expected public disclosure of this Modified Plan Agreement to provide each party sufficient time to prepare for the reaction to such public disclosure.
This Modified Plan Agreement shall supersede and replace that certain latter agreement dated as of November 14, 1997 by and among the Debtor, UDC and the Committee (the "November 14 Agreement"), and upon execution of this Modified Plan Agreement, the November 14 Agreement shall be of no further force or effect.
Signatures by the Chairperson of the Committee to this Modified Plan Agreement will be accepted by the Debtor and UDC as a binding commitment and agreement by the Committee to support confirmation of a chapter 11 plan containing terms consistent with the terms of this Modified Plan Agreement ("Chapter 11 Plan"), except as otherwise provided in paragraphs 16, 17, 20 and 21 of this Modified Plan Agreement.
Absent such binding agreement by the Committee, UDC and the Debtor reject such Modified Plan Agreement, and reserve the right to file and seek approval of the Plan Agreement as previously disclosed to the Committee.
Wherever in paragraphs 3 and 4 of this Modified Plan Agreement there are references to servicing of the Securitized Pools, such references shall not be deemed to reference the 1997-2 securitized loan pool unless the Debtor or UDC becomes the servicer of that pool.
This Modified Plan Agreement can be signed by all parties in counterparts.