Common use of Specified Issuances Clause in Contracts

Specified Issuances. The Reddy Parties shall: (a) consult with the Investor with respect to the steps (the “Specified Issuance Steps”) to be taken by the Reddy Parties to ensure that (i) each of the Specified Issuances described in clauses (i) through (iii) of the definition of Specified Issuances are exempt from the registration and prospectus delivery requirements of Section 5 of the Securities Act pursuant to Section 1145(a) of the Bankruptcy Code or Section 4(2) of the Securities Act and (ii) the Specified Issuances described in clause (iv) of the definition of Specified Issuances are exempt from the registration and prospectus delivery requirements of Section 5 of the Securities Act pursuant to Section 4(2) of the Securities Act, and (b) following preparation thereof, promptly provide copies of drafts of all documents, instruments, questionnaires, agreements and other materials to be entered into, delivered, distributed or otherwise used in connection with the Specified Issuances (the “Specified Issuance Documentation”) for review and comment by the Investor. Any comments received by the Reddy Parties from the Investor or its Representatives with respect to the Specified Issuance Steps or the Specified Issuance Documentation shall be considered by them in good faith and, to the extent the Reddy Parties disagree with any such comments, they shall inform the Investor thereof and discuss the same with the Investor prior to taking such Specified Issuance Steps or delivering, distributing, entering into or using any such Specified Issuance Documentation.

Specified Issuances. The Reddy Parties shall: Debtors shall (a) consult with the Investor Backstop Equity Investors with respect to the steps (the “Specified Issuance Steps”) to be taken by the Reddy Parties Debtors to ensure that (i) each of the Specified Issuances described in clauses (i) through (iiia)-(c) of the definition of Specified Issuances are exempt from the registration and prospectus delivery requirements of Section 5 of the Securities Act pursuant to Section section 1145(a) of the Bankruptcy Code or and/or Section 4(2) of the Securities Act and (ii) the Specified Issuances described in clause (ivd) of the definition of Specified Issuances are exempt from the registration and prospectus delivery requirements of Section 5 of the Securities Act pursuant to Section 4(2) of the Securities Act, and and (b) following preparation thereof, promptly provide copies of drafts of all documents, instruments, questionnaires, agreements and other materials to be entered into, delivered, distributed or otherwise used in connection with the Specified Issuances (the “Specified Issuance Documentation”) for review and comment by the InvestorBackstop Equity Investors. Any comments received by the Reddy Parties Debtors from the Investor Backstop Equity Investors or its their respective Representatives with respect to the Specified Issuance Steps or the Specified Issuance Documentation shall be considered by them in good faith and, to the extent the Reddy Parties Debtors disagree with any such comments, they shall inform the Investor Backstop Equity Investors thereof and discuss the same with the Investor Backstop Equity Investors prior to taking such Specified Issuance Steps or entering into, delivering, distributing, entering into distributing or using any such Specified Issuance Documentation.

Specified Issuances. The Reddy Aquilex Parties shall: (a) consult with the Investor Backstop Parties with respect to the steps (the “Specified Issuance Steps”) to be taken by the Reddy Aquilex Parties to ensure that (i) each of the Specified Issuances described in clauses (i) through (iii) of the definition of Specified Issuances are exempt from the registration and prospectus delivery requirements of Section 5 of the Securities Act pursuant to Section 1145(a) of the Bankruptcy Code or Section 4(2) of the Securities Act and (ii) the Specified Issuances described in clause (iv) of the definition of Specified Issuances are exempt from the registration and prospectus delivery requirements of Section 5 of the Securities Act pursuant to Section 4(2) of the Securities Act, ; and (b) following preparation thereof, promptly provide copies of drafts of all documents, instruments, questionnaires, agreements and other materials to be entered into, delivered, distributed or otherwise used in connection with the Specified Issuances (the “Specified Issuance Documentation”) for review and comment by the InvestorBackstop Parties. Any comments received by the Reddy Aquilex Parties from the Investor Backstop Parties or its their respective Representatives with respect to the Specified Issuance Steps or the Specified Issuance Documentation shall be considered by them in good faith and, to the extent the Reddy Aquilex Parties disagree with any such comments, they shall inform the Investor Backstop Parties thereof and discuss the same with the Investor Backstop Parties prior to taking such Specified Issuance Steps or delivering, distributing, entering into or using any such Specified Issuance Documentation.