Amendment. Subsections (A) and (F) of Section 10(a)(ii) of the Backstop Agreement are hereby amended and restated in their entirety as follows: “(A) obtain entry of the PSA Approval Order by the Bankruptcy Court by no later than the earlier of (i) December 21, 2016 and (ii) prior to the start of the hearing for approval of the Disclosure Statement;” “(F) obtain the entry by the Bankruptcy Court of the Final Cash Collateral Order (as defined in the Plan Support Agreement) by no lat
...er than December 21, 2016, which order is reasonably acceptable in all respects to the Requisite Plan Sponsors and the Debtors;” Section 2. Effectiveness. This Amendment shall become effective and binding on the Amendment Parties in accordance with the terms of the Backstop Agreement upon the execution and delivery by the Company and the Requisite Investors of an executed signature page hereto. Section 3. Miscellaneous. 3.1 Except as specifically set forth herein, the terms of the Backstop Agreement shall remain in full force and effect and are hereby ratified and confirmed. 3.2 This Amendment may be executed in several counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same agreement. Execution copies of this Amendment delivered by facsimile, PDF or otherwise shall be deemed to be an original for the purposes of this paragraph.
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Amendment.
Subsections (A) and Subsection (F) of Section 10(a)(ii) of the Backstop Agreement
are is hereby amended and restated in
their its entirety as follows:
“(A) obtain entry of the PSA Approval Order by the Bankruptcy Court by no later than the earlier of (i) December 21, 2016 and (ii) prior to the start of the hearing for approval of the Disclosure Statement;” “(F) obtain the entry by the Bankruptcy Court of the Final Cash Collateral Order (as defined in the Plan Support Agreement) by no later than
...December 21, 2016, January 9, 2017, which order is reasonably acceptable in all respects to the Requisite Plan Sponsors and the Debtors;” Section 2. Effectiveness. This Amendment shall become effective and binding on the Amendment Parties in accordance with the terms of the Backstop Agreement upon the execution and delivery by the Company and the Requisite Investors of an executed signature page hereto. Section 3. Miscellaneous. 3.1 Except as specifically set forth herein, the terms of the Backstop Agreement shall remain in full force and effect and are hereby ratified and confirmed. 3.2 This Amendment may be executed in several counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same agreement. Execution copies of this Amendment delivered by facsimile, PDF or otherwise shall be deemed to be an original for the purposes of this paragraph.
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Amendment.
Subsections (A) and (a) Subsection (F) of Section
10(a)(ii) 6(a)(ii) of the
Backstop Agreement are PSA is hereby amended and restated in
their its entirety as follows:
“(A) obtain entry of the PSA Approval Order by the Bankruptcy Court by no later than the earlier of (i) December 21, 2016 and (ii) prior to the start of the hearing for approval of the Disclosure Statement;” “(F) obtain the entry by the Bankruptcy Court of the Final Cash Collateral Order
(as defined in the Plan Support Agreement) ...by no later than December 21, 2016, January 9, 2017, which order is reasonably acceptable in all respects reasonably acceptable to the Requisite CHC Parties, Plan Sponsors and the Debtors;” UCC;” Section 2. Effectiveness. This Amendment shall become effective and binding on the Amendment Parties in accordance with the terms of the Backstop Agreement PSA upon the execution and delivery by the Company Company, the Requisite Plan Sponsors, the UCC, Milestone and the Requisite Investors Individual Creditor Parties of an executed signature page hereto. hereto; provided, however, the Company, the Requisite Plan Sponsors and the UCC expressly reserve all rights, and take no position, with respect to whether the consent of the Individual Creditor Parties is required pursuant to Section 10 of the PSA in order for this Amendment to become effective and binding. Section 3. Miscellaneous. 3.1 Except as specifically set forth herein, the terms of the Backstop Agreement PSA shall remain in full force and effect and are hereby ratified and confirmed. 3.2 This Amendment may be executed in several counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same agreement. Execution copies of this Amendment delivered by facsimile, PDF or otherwise shall be deemed to be an original for the purposes of this paragraph.
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Amendment.
(a) Subsections (A) and (F) of Section
10(a)(ii) 6(a)(ii) of the
Backstop Agreement PSA are hereby amended and restated in their entirety as follows: “(A) obtain entry of the PSA Approval Order by the Bankruptcy Court by no later than the earlier of (i) December 21, 2016 and (ii) prior to the start of the hearing for approval of the Disclosure Statement;” “(F) obtain the entry by the Bankruptcy Court of the Final Cash Collateral Order
(as defined in the Plan Support Agreement) by no later than D
...ecember 21, 2016, which order is reasonably acceptable in all respects reasonably acceptable to the Requisite CHC Parties, Plan Sponsors and the Debtors;” UCC;” Section 2. Effectiveness. This Amendment shall become effective and binding on the Amendment Parties in accordance with the terms of the Backstop Agreement PSA upon the execution and delivery by the Company Company, the Requisite Plan Sponsors, the UCC, Milestone and the Requisite Investors Individual Creditor Parties of an executed signature page hereto. hereto; provided, however, the Company, the Requisite Plan Sponsors and the UCC expressly reserve all rights, and take no position, with respect to whether the consent of the Individual Creditor Parties is required pursuant to Section 10 of the PSA in order for this Amendment to become effective and binding. Section 3. Miscellaneous. 3.1 Except as specifically set forth herein, the terms of the Backstop Agreement PSA shall remain in full force and effect and are hereby ratified and confirmed. 3.2 This Amendment may be executed in several counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same agreement. Execution copies of this Amendment delivered by facsimile, PDF or otherwise shall be deemed to be an original for the purposes of this paragraph.
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Amendment. Subsections
(A) (A), (B), (D), (E), (F) and
(F) (G) of Section 10(a)(ii) of the Backstop Agreement are hereby amended and restated in their entirety as follows: “(A) obtain entry of the PSA Approval Order by the Bankruptcy Court
as soon as reasonably practicable and in no event later than November 23, 2016;” “(B) file the Plan and Disclosure Statement with the Bankruptcy Court by no later than
the earlier of (i) December 21, 2016 November 11, 2016, which Plan and
(ii) prior Disclosure Statement ...shall be in all respects reasonably acceptable to the start of Debtors and the hearing for approval Requisite Plan Sponsors;” “(D) obtain entry of the Disclosure Statement;” Statement Order and the Rights Offering Order by the Bankruptcy Court no later than December 22, 2016, which orders shall be in all respects reasonably acceptable to the Requisite Plan Sponsors and the Debtors;” 1 “(E) commence the Solicitation (as defined in the Plan Support Agreement) and Rights Offering no later than five (5) Business Days after both the entry of the Disclosure Statement Order and the Rights Offering Order by the Bankruptcy Court;” “(F) obtain the entry by the Bankruptcy Court of the Final Cash Collateral Order (as defined in the Plan Support Agreement) by no later than December 21, November 30, 2016, which order is reasonably acceptable in all respects to the Requisite Plan Sponsors and the Debtors;” “(G) obtain the entry of the Confirmation Order that is a Final Order by no later than March 17, 2017, which Confirmation Order is in all respects reasonably acceptable to the Debtors and the Requisite Plan Sponsors; or” Section 2. Effectiveness. This Amendment shall become effective and binding on the Amendment Parties in accordance with the terms of the Backstop Agreement upon the execution and delivery by the Company and the Requisite Investors of an executed signature page hereto. Section 3. Miscellaneous. 3.1 Except as specifically set forth herein, the terms of the Backstop Agreement shall remain in full force and effect and are hereby ratified and confirmed. 3.2 This Amendment may be executed in several counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same agreement. Execution copies of this Amendment delivered by facsimile, PDF or otherwise shall be deemed to be an original for the purposes of this paragraph.
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