Requisite Consenting Holders definition

Requisite Consenting Holders means, as of any date of determination, the Consenting Holders who collectively constitute the Consenting Holders of at least a majority of the aggregate principal amount of the Notes held by all Consenting Holders on such date.
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Requisite Consenting Holders means the Requisite Senior Secured Noteholders and the Requisite Convertible Noteholders, each in their capacity as such, and references herein to the consent of, agreement of, or other action by Requisite Consenting Holders, shall mean the consent of, agreement of, or other action by, each of the Requisite Senior Secured Noteholders and the Requisite Convertible Noteholders, voting on such consent, agreement, or other action as a separate class.
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Requisite Consenting Holders means (x) for purposes of Section 8.3, (i) before the Effective Time, the holders of the outstanding shares of Company Common Stock and Company Preferred Stock that constitute the Company Requisite Vote and (ii) from and after the Effective Time, the former holders of Company Common Stock and Company Stock Options who would be entitled to at least a majority of the Contingent Shares and the Deferred Cash Consideration upon distribution of such amounts in accordance with the provisions of Article II, and (y) for purposes of Section 9.6, (i) before the Effective Time, the holders of the outstanding shares of Company Common Stock and Company Preferred Stock that constitute the Company Requisite Vote and (ii) from and after the Effective Time, the former holders of Company Preferred Stock and Company Common Stock that constituted the Company Requisite Vote.
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Examples of Requisite Consenting Holders in a sentence

  • Each of the conditions set forth in Section 9.1 of this Plan may be waived in whole or in part with the consent of both the Debtor and Requisite Consenting Holders, in their respective sole discretion.

  • Requisite Consenting Holders has the meaning set forth in the Transaction Support Agreement.

  • On or after the Effective Date, the Reorganized Debtor shall be authorized to take any such actions as may be necessary or appropriate to Reinstate Claims or Interests or render Claims or Interests not Impaired, as provided for under the Plan, provided, however, that any such action that would be subject to the consent of the Requisite Consenting Holders pursuant to any Definitive Documentation remains subject to such consent notwithstanding this provision.

  • Subject to any requirement of Bankruptcy Court approval pursuant to section 1129(a)(5) of the Bankruptcy Code, the number and identity of the members of the New Board shall be selected and approved by the Requisite Consenting Holders, with the constitution of the New Board of the Reorganized Debtor to be identified in the Plan Supplement prior to the Combined Hearing.

  • On or after the Effective Date, each current employee who is currently party to an employment agreement with the Debtor (each, an “Employment Agreement”) shall either: (a) have such Employment Agreement assigned to Newco; or (b) receive a new employment agreement on terms satisfactory to such employee and to the Requisite Consenting Holders.

  • In accordance with Section 5.8.2 of the Plan, the number and identity of the members of the New Board of the Reorganized Debtor were selected and approved by the Requisite Consenting Holders and the constitution of the New Board of the Reorganized Debtor was identified in the Plan Supplement.

  • The Plan and the Plan Supplement, including all exhibits, supplements, appendices and schedules thereto, and any modifications to any of the foregoing, shall be in form and substance acceptable to the Debtor and Requisite Consenting Holders.

  • On or after the Effective Date, each current employee who is currently party to an employment agreement with the Issuer (each, an “Employment Agreement”) shall either: (i) have such Employment Agreement assigned to Newco; or (ii) receive a new employment agreement on terms satisfactory to such employee and to the Requisite Consenting Holders.

  • Neither the Company nor any of the Guarantors shall be entitled to delegate any of its duties hereunder and shall not assign any of its rights or remedies set forth in this Agreement without the prior written consent of the Requisite Consenting Holders.

  • Each Party hereby covenants and agrees to cooperate with each other in good faith in connection with, and will exercise commercially reasonable efforts with respect to, the negotiation, drafting, and execution and delivery of the Definitive Documents consistent with the Transaction Term Sheet and either the Implementation Steps Memo or such other transaction structure or means of implementation as directed by the Requisite Consenting Holders in their sole discretion.