Examples of Original Restructuring Agreement in a sentence
On 19 December 2008, the Investor and the Company entered into the Original Restructuring Agreement.
Subsequently, they entered into several agreements to revise certain terms of the Original Restructuring Agreement.
Except as set forth on Schedule 2.1 attached hereto, the Company hereby makes the representations and warranties to the Investor as set forth in Section 4 of the Original Restructuring Agreement (as amended hereby) as if such representations and warranties were made as of the date hereof and set forth in their entirety in this Amendment, mutatis mutandis.
All capitalized terms used in this Amendment and not otherwise defined herein shall have the meanings assigned to them in the Original Restructuring Agreement.
The Parties have not relied upon, and shall not be entitled to rely upon, any prior or contemporaneous agreements, understandings, representations or statements (oral or written) other than this Agreement in effecting the transactions contemplated herein or otherwise (including, without limitation, the Original Restructuring Agreement and the Restructuring Term Sheet).
Notwithstanding the foregoing, it is expressly understood and agreed that this Agreement is an amendment and restatement of the Original Restructuring Agreement.
Effective as of the Effective Date, the Original Restructuring Agreement is hereby terminated, cancelled and of no further force and effect, and the parties thereunder are released of all of their obligations thereunder.
Upon the effectiveness of this Agreement, the Original Restructuring Agreement shall be deemed replaced and no longer in effect.
This Agreement together with the other Restructuring Documents and the Original Restructuring Agreement, represents the entire agreement and understandings between the parties concerning the Exchange and the other matters described herein and therein and supersedes and replaces any and all prior agreements and understandings solely with respect to the subject matter hereof and thereof.
All terms used and not defined herein are used as defined in the Original Restructuring Agreement (as amended hereby).