Backstop Purchase Agreement definition

Backstop Purchase Agreement means the Backstop Purchase Agreement approved by the Bankruptcy Court in the Backstop Order, a copy of which is attached hereto as Exhibit B.
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Backstop Purchase Agreement means an agreement to be executed after the Petition Date by and between the Debtors and the Backstop Parties setting forth, among other things, the commitments of the Backstop Parties with respect to the Rights Offering, the right of the Backstop Parties to the Commitment Premium, the payment or reimbursement by the Debtors of the fees, costs and expenses incurred by the Priority Backstop Parties and indemnities in favor of the Backstop Parties, which agreement shall be in form and substance reasonably acceptable to the Debtors and the Requisite Backstop Parties.
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Backstop Purchase Agreement has the meaning set forth in the recitals to this Agreement.
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Examples of Backstop Purchase Agreement in a sentence

  • Each of the Consenting Subordinated Noteholders agrees that any Backstop Commitment Fee (as defined in the Subscription and Backstop Purchase Agreement) owing to them shall be deferred and paid until the earlier of the effective date of the Amended Plan or the date of termination of this Agreement.

  • In addition, Bally and the Consenting Subordinated Noteholders each agree that (i) the definition of Restructuring Support Agreement in the Subscription and Backstop Purchase Agreement is hereby amended to mean this Agreement, and (ii) the entry into and the effectiveness of this Agreement shall neither violate nor constitute material breaches of Sections 2.3(c), 2.3(d), 6(a), 7(a), or 8.10(d) of the Subscription and Backstop Purchase Agreement.

  • All capitalized terms used and not otherwise defined herein shall have the respective meanings set forth in the Backstop Purchase Agreement.

  • There will be no over-subscription privilege in the Rights Offering, such that any Rights Offering Securities that are not subscribed for and purchased by a Rights Offering Participant will not be offered to other Rights Offering Participants, but rather will be purchased by the Backstop Parties pursuant to their respective commitments under the Backstop Purchase Agreement.

  • Any Backstop Party’s rights, obligations or interests under the Backstop Purchase Agreement may be freely assigned, delegated or transferred, in whole or in part, by such Backstop Party to (a) any other Backstop Party, (b) any Affiliate (as defined in the Restructuring Support Agreement) of a Backstop Party, or (c) any other Person that is approved in writing by the Requisite Backstop Parties prior to such assignment, delegation or transfer.

  • The Backstop Parties will not be required to fund their respective commitments under the Backstop Purchase Agreement or the aggregate Per Share Purchase Price for Subscription Rights exercised by them in connection with the Rights Offering until the date that is five (5) Business Days prior to the anticipated Effective Date.

  • Capitalized terms used and not defined herein shall have the meanings ascribed to them in the Subscription and Backstop Purchase Agreement.

  • All New Interests issued under the Plan (including pursuant to the Rights Offering and under the Backstop Purchase Agreement) shall be deemed to have been duly authorized, validly issued, fully paid, and non-assessable and not to have been issued in violation of any preemptive rights, rights of first refusal or similar rights or any applicable law.

  • The Company shall not permit any amendment or modification to be made to, or any waiver of any provision or remedy under, the Backstop Purchase Agreement.

  • Subject to, and in accordance with the Backstop Purchase Agreement, as consideration for the commitments of the Backstop Parties under the Backstop Purchase Agreement, the Backstop Parties shall receive the Commitment Premium, which shall be deemed fully earned as of the date of the Restructuring Support Agreement.


More Definitions of Backstop Purchase Agreement

Backstop Purchase Agreement means that certain agreement, dated as of July 27, 2020, by and between the Debtors and the Backstop Parties, setting forth, among other things, the commitments of the Backstop Parties with respect to the Rights Offering, the right of the Backstop Parties to the Commitment Premium, the payment or reimbursement by the Debtors of the fees, costs and expenses incurred by the Priority Backstop Parties and indemnities in favor of the Backstop Parties.
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Backstop Purchase Agreement means the Backstop Purchase Agreement, dated as of [ ], 2017, by and between the Debtors and the Backstop Parties setting forth, among other things, the terms and conditions of the Rights Offerings, the Backstop Commitments, the issuance of Equity Put Option Shares and the Notes Put Option Shares, the payment of the Liquidated Damages Payment and the Backstop Expenses, and the rights to indemnification of the Backstop Parties and certain other indemnified parties, such agreement to contain representations, warranties, covenants, conditions to closing, termination rights, indemnities, reimbursements and other terms and provisions that are consistent in all material respects with the Restructuring Term Sheet and otherwise reasonably acceptable to the Requisite Parties, and the disclosures to the representations and warranties made by the Debtors in the Backstop Purchase Agreement shall be reasonably acceptable to the Requisite Backstop Parties.
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Backstop Purchase Agreement has the meaning set forth in the Plan.
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Backstop Purchase Agreement means the Backstop Purchase Agreement, dated as of September 21, 2017 (together with all exhibits, schedules and attachments thereto, as amended, restated, supplemented or otherwise modified from time to time in accordance with its terms), by and between the Debtors and the Backstop Parties, a copy of which was filed with the Bankruptcy Court [Docket No. 434].
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Backstop Purchase Agreement means that certain Purchase Agreement, dated as of the date hereof, by and between the Company, and the Persons set forth on Schedule I thereto.
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Related to Backstop Purchase Agreement

  • Unit Purchase Agreement means the Common Unit and Class B Unit Purchase Agreement, dated as of December 1, 2006, among the Partnership and the purchasers named therein.

  • Series B Purchase Agreement means that certain Series B Preferred Stock Purchase Agreement, dated as of November 10, 2015, as amended and supplemented to date, by and among the Company and the investors signatory thereto.

  • Stock Purchase Agreement means the agreement between the Company and a Purchaser who acquires Shares under the Plan that contains the terms, conditions and restrictions pertaining to the acquisition of such Shares.

  • Share Purchase Agreement has the meaning set forth in the Recitals.

  • Securities Purchase Agreement means that certain securities purchase agreement, dated as of the Subscription Date, by and among the Company and the initial holders of the Notes pursuant to which the Company issued the Notes, as may be amended from time to time.