Common use of Consummation of the Restructuring Clause in Contracts

Consummation of the Restructuring. The Companies shall take all actions reasonably necessary or appropriate to consummate the Restructuring in accordance with the terms and conditions set forth in the Plan and this RPSA, including, without limitation: (i) providing to counsel to the Ad Hoc Group initial drafts of the Solicitation Materials as early as reasonably practicable, but in no event fewer than five (5) business days prior to the commencement of solicitation of the Plan; (ii) providing to counsel to the Ad Hoc Group an initial draft of the Cash Management System Order (as defined below), an initial draft of the Solicitation Procedures Order (as defined below) and draft copies of all “first day” motions or applications and other “first day” documents, including the motions seeking approval of the Cash Management System Order, the Cash Collateral Order and the Solicitation Procedures Order (collectively, the “First Day Documents”), that the Companies intend to file with the Bankruptcy Court as early as reasonably practicable, but in no event fewer than five (5) business days prior to the date on which the Companies intend to file such First Day Documents; (iii) using reasonable efforts to provide to counsel to the Ad Hoc Group draft copies of all other motions, orders and other pleadings (the “Other Pleadings”), the Companies intend to file in the Chapter 11 Cases as early as reasonably practicable, but in no event fewer than three (3) business days prior to the date on which the Companies intend to file such Other Pleadings, unless emergency relief is required under the circumstances; (iv) providing to counsel to the Ad Hoc Group an initial draft of the form of the indenture for the issuance of the New Senior Secured Notes (the “New Senior Secured Notes Indenture”) and all forms of collateral documents related to the New Senior Secured Notes Indenture (the “New Senior Secured Notes Collateral Documents” and together with the New Senior Secured Notes Indenture, the “New Senior Secured Notes Indenture Documents”), and initial drafts of the Confirmation Order (as defined below), the Disclosure Statement Order (as defined below), which may be combined with the Confirmation Order, and the Plan Supplement on or before seven (7) business days prior to the filing of the Plan Supplement (as defined in the Plan); provided that counsel to the Ad Hoc Group shall provide preliminary comments (subject to further comment) to any and all drafts of the Solicitation Materials, First Day Documents or the New Senior Secured Notes Indenture within five (5) business days of receipt.

Consummation of the Restructuring. The Companies shall take all actions reasonably necessary or appropriate to consummate the Restructuring in accordance with the terms and conditions set forth in the Plan and this RPSA, including, without limitation: (i) providing to counsel to the Ad Hoc Group initial drafts of the Solicitation Materials as early as reasonably practicable, but in no event fewer than five (5) business days prior to the commencement of solicitation of the Plan; (ii) providing to counsel to the Ad Hoc Group an initial draft of the Cash Management System Order (as defined below), an initial draft of the Solicitation Procedures Order (as defined below) and draft copies of all “first day” motions or applications and other “first day” documents, including the motions seeking approval of the Cash Management System Order, the Cash Collateral Order and the Solicitation Procedures Order (collectively, the “First Day Documents”), that the Companies intend to file with the Bankruptcy Court as early as reasonably practicable, but in no event fewer than five (5) business days prior to the date on which the Companies intend to file such First Day Documents; (iii) using reasonable efforts to provide to counsel to the Ad Hoc Group draft copies of all other motions, orders and other pleadings (the “Other Pleadings”), the Companies intend to file in the Chapter 11 Cases as early as reasonably practicable, but in no event fewer than three (3) business days prior to the date on which the Companies intend to file such Other Pleadings, unless emergency relief is required under the circumstances; (iv) providing to counsel to the Ad Hoc Group an initial draft of the form of the indenture for the issuance of the New Senior Secured Notes (the “New Senior Secured Notes Indenture”) and all forms of collateral documents related to the New Senior Secured Notes Indenture (the “New Senior Secured Notes Collateral Documents” and together with the New Senior Secured Notes Indenture, the “New Senior Secured Notes Indenture Documents”), and initial drafts of the Confirmation Order (as defined below), the Disclosure Statement Order (as defined below), which may be combined with the Confirmation Order, and the Plan Supplement on or before seven (7) business days prior to the filing of the Plan Supplement (as defined in the Plan); provided that counsel to the Ad Hoc Group shall provide preliminary comments (subject to further comment) to any and all drafts of the Solicitation Materials, First Day Documents or the New Senior Secured Notes Indenture within five (5) business days of receipt.;

Consummation of the Restructuring. The Companies Maxcom Telecomunicaciones shall, and shall cause each of its subsidiaries to take all actions reasonably necessary or appropriate desirable to consummate the Restructuring in accordance with the terms and conditions set forth in the Plan and this RPSARSA, including, without limitation: (i) providing provide to counsel to the Ad Hoc Group initial drafts of the Solicitation Materials as early as reasonably practicable, but in no event fewer less than five three (53) business days prior to the commencement of solicitation of the Plan; (ii) providing commencing the Chapter 11 Cases on or before July 23, 2013 (the “Outside Petition Date,” and the actual commencement date, the “Petition Date”); (iii) filing on the Petition Date and seeking approval on (A) an interim and final basis of motions for (1) prepackaged Plan scheduling procedures, (2) adequate protection for the holders of Senior Notes in the form attached hereto as Exhibit E, and (3) continued use of the Company’s cash management system in accordance with current practices, and (B) any other substantive interim and final motions that the Company may file with the Bankruptcy Court (including, without limitation, the Approval Order (as defined in the Recapitalization Agreement)), each of which motions and associated proposed orders shall be in form and substance reasonably satisfactory to counsel to the Ad Hoc Group an initial draft of the Cash Management System Order (as defined below), an initial draft of the Solicitation Procedures Order (as defined below) and draft copies of all “first day” motions or applications and other “first day” documents, including the motions seeking approval of the Cash Management System Order, the Cash Collateral Order and the Solicitation Procedures Order (collectively, the “First Day Documents”), that the Companies intend to file with the Bankruptcy Court as early as reasonably practicable, but in no event fewer than five (5) business days prior to the date on which the Companies intend to file such First Day DocumentsGroup; (iiiiv) using reasonable efforts taking all steps reasonably necessary or desirable to provide obtain an order of the Bankruptcy Court, that is reasonably satisfactory in form and substance to counsel to the Ad Hoc Group draft copies of all other motionsGroup, orders and other pleadings (confirming the “Other Pleadings”), Plan on or before the Companies intend to file deadlines set forth in the Chapter 11 Cases as early as reasonably practicable, but in no event fewer than three (3) business days prior to the date on which the Companies intend to file such Other Pleadings, unless emergency relief is required under the circumstancesthis RSA; (ivv) providing implementing all steps that are reasonably necessary to counsel to the Ad Hoc Group an initial draft obtain orders of the form Bankruptcy Court confirming the Plan pursuant to section 1129 of the indenture for Bankruptcy Code in a manner that is consistent in all material respects with the issuance terms set forth in the Plan; (vi) taking all steps reasonably necessary to cause the effective date of the New Senior Secured Notes (the “New Senior Secured Notes Indenture”) and all forms of collateral documents related Restructuring to the New Senior Secured Notes Indenture (the “New Senior Secured Notes Collateral Documents” and together with the New Senior Secured Notes Indenture, the “New Senior Secured Notes Indenture Documents”), and initial drafts of the Confirmation Order (as defined below), the Disclosure Statement Order (as defined below), which may be combined with the Confirmation Order, and the Plan Supplement occur on or before seven the deadlines set forth in Section 6.04 hereof; (7vii) business days prior taking no actions, directly or indirectly, or encourage any other person to take any actions, that are inconsistent with or are likely to materially interfere with, frustrate, delay or prevent (A) consummation of the filing Restructuring as set forth in the Plan or (B) the timely approval, confirmation and consummation of the Plan Supplement in accordance with the terms and conditions of the Plan and this RSA, subject to Section 6.02(b) in all respects; and (viii) obtaining any and all required regulatory and/or third-party approvals for the Restructuring as defined set forth in the Plan); provided that counsel to the Ad Hoc Group shall provide preliminary comments (subject to further comment) to any and all drafts of the Solicitation Materials, First Day Documents or the New Senior Secured Notes Indenture within five (5) business days of receipt.