Joinder to Restructuring Support Agreement


Summary

This template is a basic joinder to a restructuring support agreement that can be used by a party who agrees to be bound by the terms of a restructuring support agreement as an additional party. This template includes practical guidance and drafting notes. A restructuring support agreement is sometimes also referred to as a plan support agreement or lockup agreement. Such agreements can be used between a debtor and its key creditors and generally provide that the creditors will support and not vote against a proposed restructuring. In turn, the debtor agrees to formulate a plan on agreed-upon terms within an agreed-upon time frame, typically with certain interim milestones. Attached to the agreement, is an exhibit that is either a term sheet that sets forth the proposed, revised capital structure, or a substantially completed version of the proposed plan of reorganization. As with any contract, it must be tailored to the specific requirements of the debtors, its creditors, and the ...