First Restructuring definition
Examples of First Restructuring in a sentence
Except as otherwise provided in this Agreement or in the Amended and Restated Debentures or Warrant Amendments, the remaining terms, conditions, representations, warranties and covenants set forth in the Debenture Purchase Agreement, the First Restructuring Agreement, the Warrants and the Warrant Amendments shall be binding on the Company and the Holders.
For the avoidance of doubt, it is acknowledged and agreed that, from and after the First Restructuring Closing, the withdrawal of such recommendation, consent or approval by the special committee of the board of directors of holdings shall not affect the obligations of the Global Parties hereunder with respect to the Second Restructuring Closing.
At the First Restructuring Closing, Holdings and Victory Fund shall amend the warrant attached as Exhibit A-1 hereto to provide that the calculation of the number of shares issuable upon the exercise of such warrant shall be determined on a pro forma basis after giving effect to the consummation of the Second Restructuring Closing.
Effective at the First Restructuring Closing, the Original Junior Notes shall be amended to provide for the conversion of Original Junior Notes into shares of Series B Preferred Stock instead of shares of Common Stock.
At the First Restructuring Closing, the Global Parties shall pay to VPM, as collateral agent for the Junior Lenders, a monthly maintenance fee in an amount equal to $2,500, which shall be payable in cash monthly in arrears.
This Agreement is not intended to modify or supersede the First Restructuring Agreement or any of the documents executed in connection therewith except with respect to specific amendments to the Loans that apply to periods on or after December 1, 1996.
These Demand Registration rights are in addition to the rights granted in the Purchase Agreement and the First Restructuring Agreement.
Effective at the First Restructuring Closing, the Original Junior Notes shall be amended and restated to provide the following terms for the Original Junior Notes (other than the portion of the Original Junior Notes converted into Series B Preferred Stock pursuant to Part I above): Aggregate Principal Amount: $16,490,901.29 (as reduced or increased from time to time in accordance with the terms hereof).
If at any time, payment of all or any part of the Loan Reduction Payment is rescinded or must otherwise be returned by BTCo upon insolvency, bankruptcy or reorganization of any Loan Party or otherwise, the Obligations (as defined in the First Restructuring Agreement and as evidenced by the 1997 Note) shall be reinstated.
This Agreement may be terminated, with respect to any Party, by such Party, by delivering written notice of such termination to the other Parties in accordance with Section 6.8, if none of the transactions constituting the Restructuring as set forth in Section 2.1 shall have occurred on or prior to the First Restructuring End Date.