rights of any Entity to purchase or demand the issuance of any of the foregoing and shall include: (1) conversion, exchange, voting, participation, and dividend rights; (2) liquidation preferences; (3) options, warrants, and call and put rights; and (4) restricted stock units, performance stock units, restricted stock awards, and share-appreciation rights, and (b) any 510(b) Equity Claim, in each case, as in existence immediately prior to the Effective Date.
Equity Security means an equity security as defined in section 101(16) of the Bankruptcy Code.
Estate(s) means, individually, the estate of each of the Debtors and, collectively, the estates of all of the Debtors created under section 541 of the Bankruptcy Code.
Exchange Act means the Securities Exchange Act of 1934, 15 U.S.C. §§ 78a et seq., as now in effect or hereafter amended, and any rules and regulations promulgated thereunder.
Exculpated Parties means, collectively, the Debtors, the Reorganized Debtors, the Prepetition RBL Secured Parties, the Postpetition Hedging Lenders, the Exit Facilities Lenders, the Exit Facilities Agent, the other parties to the Exit Facilities as of the Effective Date, the Consenting Noteholders, the Prepetition Notes Indenture Trustee, the Distribution Agents (solely in their capacity as such) and, in each case, the respective current and former subsidiaries, Affiliates (whether by operation of law or otherwise), officers, directors, principals, employees, members (including ex officio members and managing members), managers, partners, agents, financial advisors, attorneys, accountants, investment bankers, investment advisors, consultants, representatives, and other professionals that served in such capacity at any time.
Exculpation means the exculpation provision set forth in Article X.E hereof.
Executory Contract means an unexpired contract to which any Debtor is a party that is subject to assumption or rejection under section 365 of the Bankruptcy Code.
Exhibit means an exhibit annexed to either this Plan or as an appendix to the Disclosure Statement (as such exhibits are amended, modified or otherwise supplemented from time to time).
Exit Facilities means, collectively, (i) the Exit Revolving Credit Facility, (ii) the Exit Second Out Term Loan Facility, and (iii) if necessary, the Exit Last Out Term Loan Facility.
Exit Facilities Agent means Citibank, N.A. in its capacity as administrative agent and collateral agent under the Exit Facilities Credit Agreement and the other Exit Facilities Loan Documents.
Exit Facilities Credit Agreement means the Amended and Restated Senior Secured Credit Agreement, in substantially the form Filed with the Plan Supplement, which credit agreement shall contain terms and conditions consistent in all respects with those set forth on the Exit Facilities Term Sheet and, to the extent any terms and conditions are not set forth on or contemplated therein, such other terms and conditions as are mutually agreed between the Debtors and the Exit Facilities Agent, and reasonably acceptable to the Required Consenting RBL Lenders and the Required Consenting Noteholders.
Exit Facilities Lenders means each of the lenders under the Exit Facilities Credit Agreement, solely in their respective capacities as such.
Exit Facilities Loan Documents means the Exit Facilities Credit Agreement and any guarantee, security agreement, pledge or collateral agreement, note, deed of trust, mortgage, or other document (including UCC financing statements), instrument, contract, or agreement entered into or delivered with respect to, or in connection with, the Exit Facilities Credit Agreement, each of which shall be consistent with, and subject to the consent rights set forth in, the Restructuring Support Agreement and the Term Sheets.