Commitment Date

Commitment Date. Means the occurrence of any of: (i) the Transaction Date; (ii) March 8, 2017; (iii) a Freefall Proceeding; (iv) the Company's commencement, voluntarily or involuntarily, of a proceeding under chapter 7 of the Bankruptcy Code; (v) the conversion of a Freefall Proceeding to a proceeding under chapter 7 of the Bankruptcy Code; (vi) the Company's commencement of a state law liquidation proceeding; (vii) the commencement of a state law receivership proceeding by or against... the Company; and (viii) the Company's secured lenders exercise of remedies under a secured debt facility, including but not limited to: (a) entering upon any premises on or in which any of such lender(s)' collateral may be located and taking possession of the such collateral or completing processing, manufacturing and repairing of all or any portion of such collateral, (b) collecting, foreclosing, receiving, appropriating, setting off of realizing upon any and all such lender(s)' collateral without the consent of the management team or approval of the Company's board of directors, (c) removing any such lender(s)' collateral from any premises 2 on or in which the same may be located for the purpose of effecting the sale, foreclosure or other disposition thereof or for any other purpose, or (d) exercising all rights and remedies available to such lender(s) (whether as a secured creditor or otherwise) under its secured debt facility or applicable law without the consent of the management team or approval of the Company's board of directors. View More

Commitment Date. [March __,] 2015.

Commitment Date. Means the date that is one day after the 2020 annual meeting of stockholders of the Company.