Backstop Commitments definition
Examples of Backstop Commitments in a sentence
The Backstop Commitments of such transferring Backstop Party shall instead be assumed by the Backstop Parties that have exercised their Further Backstop Election in accordance with paragraph 2 of Part 2 (Backstop Undertakings) of Schedule 4 (Backstop Parties and Undertakings).
The issuance of Reorganized Parent Participating Preferred Stock to the Commitment Parties in respect of the Backstop Commitments will be exempt from the registration requirements of the securities laws pursuant to Section 4(a)(2) and/or Regulation D of the Securities Act, or another available exemption from registration.
The Secured Backstop Commitments, together with the Unsecured Backstop Commitments are referred to herein as the “Backstop Commitments”.
The Backstop Commitments of the Backstop Parties are several, not joint, obligations of the Backstop Parties, such that no Backstop Party shall be liable or otherwise responsible for the Backstop Commitment of any other Backstop Party.
The Commitment Parties and the Debtors will enter into an agreement setting forth the terms and conditions of the Backstop Commitments described above (the “Backstop Commitment Agreement”), in form and substance reasonably acceptable to the Requisite Commitment Parties and the Debtors.