Additional Consenting Creditors Clause Samples
The "Additional Consenting Creditors" clause defines the process by which creditors who were not original parties to a restructuring or agreement can later join as consenting participants. Typically, this clause outlines the requirements for such creditors to become bound by the terms of the agreement, such as executing a joinder or adherence document. By providing a clear mechanism for additional creditors to participate, the clause ensures broader support for the agreement and helps streamline the restructuring process by reducing the risk of holdouts.
Additional Consenting Creditors. Any holder of Secured Claims or Noteholder Claims may at any time become a party to this Agreement as a Consenting Creditor (a “Joining Party”) by executing a joinder agreement (the “Joinder”) substantially in the form attached as Exhibit D hereto, pursuant to which such Joining Party represents and warrants to the Company and the other Consenting Creditors that it agrees to be bound by the terms of this Agreement as a Consenting Creditor hereunder.
Additional Consenting Creditors. Any holder of Claims that is not a Party to this Agreement as of the Agreement Effective Date may, at any time after the Agreement Effective Date, become a Party by (i) executing a Joinder pursuant to which such holder shall be bound by the terms of this Agreement and (ii) promptly (and within two Business Days) delivering such executed Joinder to counsel to the Company Parties and Consenting Creditors.
Additional Consenting Creditors. Any holder of First Lien Claims may at any time become a party to this Agreement as a Consenting Creditor (a “Joining Party”) by executing a joinder agreement (the “Joinder”) substantially in the form attached as Exhibit C hereto, pursuant to which such Joining Party represents and warrants to the Company and the other Consenting Creditors that it agrees to be bound by the terms of this Agreement as a Consenting Creditor hereunder.
Additional Consenting Creditors. Each Additional Consenting Creditor shall submit via the Accession Portal an executed Accession Letter together with relevant supporting documents (to the extent applicable) in respect of all of its Existing Debt to the Information Agent (acting on behalf of the Company) prior to the RSA Fee Deadline.
Additional Consenting Creditors. The Consenting Creditors shall cause a meeting of the ad hoc group of holders of Existing Public Notes to be convened within one Business Day of the commencement of the Modified Offer and shall recommend that such holders of Existing Public Notes (i) tender all of the Existing Public Notes as to which such holders are the beneficial owner and/or the investment adviser or manager of discretionary accounts for the holders or beneficial owners of record or otherwise controlled by them to participate in the Exchange Offers in accordance with the terms or the Modified Offer, (ii) vote (or cause to be voted) all of such Existing Public Notes in favor of the Public Note Consent Solicitation, (iii) vote (or cause to be voted) all of such Existing Public Notes to accept the Standby Plan to the extent held on the Record Date (or subject to contractual right to cause such vote), and (iv) enter into this Agreement in accordance with Section 23.
Additional Consenting Creditors. Any First Lien Credit Agreement Lender that is not party to this Agreement as of the Agreement Effective Date may, from time to time, become a party to this Agreement as a Consenting Creditor (an “Additional Consenting Creditor”) by executing a Joinder, pursuant to which such Additional Consenting Creditor shall be bound by the terms of this Agreement as a Consenting Creditor hereunder; provided, however, that any Additional Consenting Creditor that becomes a party to this Agreement after the Open Market Buy-Back Date shall not be entitled to receive any portion of the Open Market Purchases or the Designated Voluntary Prepayment.