Bankruptcy Court shall mean the United States Bankruptcy Court for the Southern District of Texas having jurisdiction over the Chapter 11 Case.
Chapter 11 Case shall mean the jointly administered cases under chapter 11 of Bankruptcy Code styled In re Bristow Group Inc., et al., Case No. 19-32713 (DRJ) (Jointly Administered).
Qualified Plan shall mean a plan that (i) implements the transactions contemplated by the Term Sheet, on the terms and conditions set forth in the Term Sheet, and (ii) confirms the assumption pursuant to Section 365 of the Bankruptcy Code and the reinstatement, as applicable, of the Credit Agreement and the Leases (and the other Amended Facility Documents, as defined in the Term Sheet), (iii) provides for the treatment of the PK Air Credit Facility Claims and the MAG Lease Obligation Claims (as those terms are defined in the Filed Plan) as set forth in the Filed Plan, (iv) provides for any payments and performance required under the Credit Agreement and the Leases (and the other Amended Facility Documents, as defined in the Term Sheet), and (v) incorporates, and is consistent with, the terms of the TSA Approval Order and is otherwise reasonably acceptable to the Milestone Parties. For the avoidance of doubt, the Milestone Parties agree that, upon the entry of the TSA Court Order and the occurrence of the TSA Approval Date, the Filed Plan is a Qualified Plan; provided, however, if the Filed Plan is amended or modified in any way that adversely affects any of the rights, claims or protections of any of the Milestone Parties, then the Filed Plan shall no longer be a Qualified Plan.
Term Sheet shall mean the Term Sheet, dated as of August 30, 2019 among, inter alios, the Guarantor, the Agent and the Lenders, made binding on the parties by the TSA Court Order.
TSA Court Order shall mean the Order Granting Debtors Motion to Approve Term Sheet with PK AirFinance S.À R.L. and The Milestone Aviation Group Limited, entered on September 23, 2019, by the United States Bankruptcy Court for the Southern District of Texas, Houston Division, In re: BRISTOW GROUP INC., et al, Debtors, in Chapter 11, Case No. 19-32713, Docket No. 698.
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AMENDMENTS AND WAIVERS
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With effect from the Agreement Effective Date:
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each Loan under the Credit Agreement shall be increased by the amount set forth for such Loan in the column entitled Principal Increase in the table set forth in Schedule 2 hereto and the maturity of each Loan shall be extended by eighteen (18) months;