Examples of Private Placement Party in a sentence
Any party which purchases Claims from any Noteholder Co-Proponent, or otherwise is the transferee in respect of any Claims transferred by any Noteholder Co-Proponent, may not, in respect of such purchased or otherwise transferred Claims, become a Phase Two Commitment Party, a Phase Two Private Placement Party, an Additional Commitment Party or Additional Private Placement Party in respect of such Claims.
Any Defaulting Private Placement Party shall be liable to each non-Defaulting Private Placement Party, the Company and the Reorganized Company as a result of any breach of its obligations hereunder.
For the avoidance of doubt, nothing in this Section 2.5(a) shall relieve any Private Placement Party of its obligation to fulfill its Private Placement Commitment and all conditions in this Section 2.5(a) shall be several and not joint.
Termination by a Private Placement Party in this Section 9.3 shall only terminate this Agreement as to such Private Placement Party.
Its Eligibility Representations and Warranties are true and correct, and it acknowledges that its Eligibility Representations and Warranties must remain true and correct as of the Effective Date in order for such Private Placement Party to be eligible to acquire Private Placement Shares.
On and after the Closing Date, nothing in this Agreement shall limit or restrict in any way the ability of any Private Placement Party (or any permitted transferee thereof) to Transfer any of the New Money First Lien Issuer Notes or any interest therein.
For the avoidance of doubt, Claims held by Private Placement Parties are transferable only in accordance with the Plan Support Agreement; provided, that such transfer shall not relieve the Private Placement Party from its obligations under this Agreement.
Each Private Placement Party shall have delivered and paid an amount equal to the aggregate Per Share Purchase Price for such Private Placement Party’s Private Placement Percentage of the Private Placement Shares.
Any Private Placement Party shall have the right to terminate upon written notice to the Company if the Plan Effective Date has not occurred by June 14, 2017.
Holders of Allowed Second Lien Notes Claims and Allowed Class 5B Claims may, in their sole discretion, elect to participate in the rights and obligations set forth by this Agreement as an Additional Private Placement Party (to the extent they meet the qualifications set forth in the definition of such term) until the date that is twenty (20) Business Days following the Debtors’ filing of the PPA and BCA Approval Motion (the “Private Placement Enrollment Outside Date”).