Required Commitment Parties definition

Required Commitment Parties means Commitment Parties holding at least 50.1% in principal amount of the commitments to purchase the New Secured Notes held by all such Commitment Parties at such time; provided that at all times, each of Hemen and Centerbridge shall be part of the Required Commitment Parties; provided, further, that each of the (a) Majority Ad Hoc Group Parties, (b) Barclays, (c) each Select Commitment Party and (d) each Additional Commitment Party shall be part of the Required Commitment Parties (and their prior written consent shall be required) with respect to (i) material modifications to the Investment Agreement, the RSA and the exhibits to each such document, and the terms of any other Definitive Documents to the extent such modifications are adverse to any member of the Ad Hoc Group, Barclays, any Select Commitment Party or any Additional Commitment Party, (ii) any economic modifications to the Investment Agreement, the RSA and the exhibits to each such document, and the terms of any other Definitive Documents to the extent such economic modifications are adverse to the New Commitment Parties, any Select Commitment Party or any Additional Commitment Party, without regard to materiality and (iii) any Definitive Documents; provided, however, that notwithstanding the foregoing, in no event will any Commitment Party be a Required Commitment Party at any point in time that such Person is also in default under the RSA or Investment Agreement.

Required Commitment Parties means Commitment Parties holding at least 50.1% in principal amount of the commitments to purchase the New Secured Notes held by all such Commitment Parties at such time; provided that at all times, each of the Original Commitment Parties shall be part of the “Required Commitment Parties”; provided, further, that the Majority Ad Hoc Group Parties, Barclays, each Select Commitment Party and each Additional Commitment Party shall be part of the “Required Commitment Parties”) with respect to (i) material modifications, or material deviation from the Term Sheets with respect to, this Agreement, the Investment Agreement and the exhibits to each such document and the terms of any other Definitive Documents to the extent such modifications are adverse to the New Commitment Parties, any Select Commitment Party or Additional Commitment Party, (ii) any economic modifications to this Agreement, the Investment Agreement and the exhibits to each such document and material modifications, or material deviations from the Term Sheets with respect to, the terms of any other Definitive Documents to the extent such economic modifications are adverse to the New Commitment Parties, Select Commitment Party or Additional Commitment Party, without regard to materiality and (iii) any Definitive Documents; provided, however, that notwithstanding the foregoing, in no event will any Commitment Party be a Required Commitment Party at any point in time that such Person is also a Defaulting Party.”

Required Commitment Parties means Commitment Parties holding at least 50.1% in principal amount of the commitments to purchase the New Secured Notes held by all such Commitment Parties at such time; provided that at all times, each of the Original Commitment Parties shall be part of the “Required Commitment Parties”; provided, further, that each Select Commitment Party shall be part of the “Required Commitment Parties” with respect to (i) material modifications to this Agreement, the Investment Agreement and the exhibits to each such document and the terms of any other Definitive Documents to the extent such modifications are adverse to such Select Commitment Party and (ii) any economic modifications to this Agreement, the Investment Agreement and the exhibits to each such document and the terms of any other Definitive Documents to the extent such economic modifications are adverse to such Select Commitment Party, without regard to materiality; provided, however, that notwithstanding the foregoing, in no event will any Commitment Party be a Required Commitment Party at any point in time that such Party is also in breach of this Agreement or the Investment Agreement.

Examples of Required Commitment Parties in a sentence

• The Debtors shall (i) as soon as reasonably practicable (but in no event more than seven (7) Business Days after the date hereof) file a motion to approve this Agreement with the Bankruptcy Court, in form and substance reasonably acceptable to the Required Commitment Parties; and (ii) use commercially reasonable efforts to expeditiously obtain the entry by the Bankruptcy Court of the Backstop Commitment Agreement Order as soon as practicable thereafter.

• Neither this Agreement nor any of the rights, interests or obligations under this Agreement may be assigned by any of the Parties without the prior written consent of the Company, with respect to any assignment by any Commitment Party, or the Required Commitment Parties, with respect to any assignment by the Debtors.

• The conditions to the occurrence of the Effective Date set forth in the Plan and the Confirmation Order shall have been satisfied in all material respects in accordance with the terms of the Confirmation Order and the Plan, or waived by the Required Commitment Parties, and the Effective Date shall have occurred or be deemed to have occurred.

• The conditions to the occurrence of the Effective Date set forth in the Plan and the Confirmation Order shall have been satisfied in all material respects in accordance with the terms of the Plan, or waived by the Required Commitment Parties, and the Effective Date shall have occurred or be deemed to have occurred.

• For the avoidance of doubt, all Definitive Documents shall contain terms, conditions, representations, warranties and covenants consistent with the Restructuring Support Agreement, and shall otherwise be in form and substance reasonably acceptable to the Required Commitment Parties (as defined in the Investment Agreement, as amended by the Amendment), in accordance with Section 3.02 of the Restructuring Support Agreement..

More Definitions of Required Commitment Parties

Required Commitment Parties means, as of the date of determination, at least two unaffiliated Commitment Parties holding a majority of the aggregate amount of Backstop Commitments of the Initial Commitment Parties (excluding any Defaulting Commitment Parties and their corresponding Backstop Commitments).

Required Commitment Parties means, as of the date of determination, a majority of the aggregate amount of Backstop Commitments of the Initial Commitment Parties (excluding any Defaulting Commitment Parties and their corresponding Backstop Commitments); provided that, with respect to any matter subject to the Crestview Consent Right, “Required Commitment Parties” shall also require the Crestview Commitment Parties.

Required Commitment Parties is hereby deleted and replaced in its entirety with the following:

Required Commitment Parties means Commitment Parties holding at least 50.1% in aggregate amount of the Subscription Commitments (as determined by Direct Subscription Commitment Percentage) of all Commitment Parties on the date on which the applicable consent, waiver or approval is solicited (excluding any Defaulting Commitment Parties (as defined below) and their corresponding Subscription Commitments and Direct Subscription Commitment Percentage).

Required Commitment Parties means those Commitment Parties whose allocated amount of the Backstop Cap and Management Commitments (as defined below) collectively is more than 66.67% of the sum of the aggregate Backstop Cap and aggregate Management Commitments held by all of the Commitment Parties (excluding any Defaulting Commitment Parties (as defined below)).

Required Commitment Parties has the meaning ascribed to it in the Investment Agreement.

Required Commitment Parties means Commitment Parties with an aggregate Commitment Percentage of more than 50%.