EX-2.1
from 8-K
31 pages
- 2 - July 25, 2013 36885337_10 Transaction Support Agreement Have Occurred. Pursuant to Section 8(h) of the Transaction Support Agreement, (I) the Parties Have Not Agreed to the Terms of the Mra and Mra Agreements Within One-Hundred Fifty (150) Calendar Days After the Petition Date, and (II) an Order of the Bankruptcy Court Approving the Settlement Transaction Has Not Been Entered by Two-Hundred Ten (210) Days After the Petition Date. the Undersigned Consenting Noteholders Have Neither Waived Nor Consented to the Foregoing Required Consenting Noteholder Termination Events. Accordingly, as a Result of This Termination Notice, the Transaction Support Agreement Will Automatically Terminate Pursuant to Section 8 Thereof, and All Obligations of the Consenting Noteholders Will Immediately Terminate and Be of No Further Force and Effect as to the Consenting Noteholders Effective as of 11:59 P.M., Prevailing Eastern Time, on the Date That Is Five (5) Business Days From the Date HEREOF—I.E., August 1, 2013. This Termination Notice Is Without Prejudice to the Rights of the Consenting Noteholders to Give Notice of Other Termination Events, Whether Before or After the Date of This Termination Notice, and Without Prejudice to Other Rights and Remedies of the Consenting Noteholders Under the Transaction Support Agreement With Respect to Any Breach or Termination Thereunder, All of Which Rights Are Expressly Reserved. Regards, [Consenting Noteholder Signatures Follow] CC: James Savin Ira Dizengoff
12/34/56
