Common use of Additional Provisions Regarding Company Parties’ Commitments Clause in Contracts

Additional Provisions Regarding Company Parties’ Commitments. 7.01. Notwithstanding anything to the contrary in this Agreement, nothing in this Agreement shall require a Company Party or the board of directors, board of managers, or similar governing body of a Company Party, after consulting with outside counsel, to take any action or to refrain from taking any action with respect to the Restructuring Transactions to the extent taking or failing to take such action would be inconsistent with applicable Law or its fiduciary obligations under applicable Law, and any such action or inaction pursuant to this Section 7.01 shall not be deemed to constitute a breach of this Agreement. The Company Parties shall give prompt written notice to the Consenting Stakeholders of any determination in accordance with this Section 7.01 to take or refrain from taking any action. This Section 7.01 shall not impede any Party’s right to terminate this Agreement pursuant to Section 12 hereof, including on account of any action or inaction any Company Party or a governing body of such Company Party may take pursuant to this Section 7.01.

Additional Provisions Regarding Company Parties’ Commitments. 7.018.01. Notwithstanding anything to the contrary in this Agreement, nothing in this Agreement shall require a Company Party or the board of directors, board of managers, or similar governing body of a Company Party, after consulting with outside upon the advice of external counsel, to take any action or to refrain from taking any action with respect to the Restructuring Transactions to the extent taking or failing to take such action would be inconsistent with applicable Law or its fiduciary obligations under applicable Law, and any such action or inaction pursuant to this Section 7.01 8.01 shall not be deemed to constitute a breach of this Agreement. The Company Parties ; provided that no such action or inaction shall give prompt written notice be deemed to prevent any of the Consenting Stakeholders of any determination in accordance with this Section 7.01 from taking actions that they are permitted to take or refrain from taking any action. This Section 7.01 shall not impede any Party’s right to terminate this Agreement pursuant to Section 12 hereof, including on account as a result of any such action or inaction any by a Company Party, including termination of their obligations hereunder to the extent permitted by this Agreement. 8.02. Notwithstanding anything to the contrary in this Agreement (but subject to Section 8.01), each Company Party or a governing body of such Company Party may take pursuant to this Section 7.01.and their respective directors, officers, employees, investment

Additional Provisions Regarding Company Parties’ Commitments. 7.01. Notwithstanding anything to the contrary in this Agreement, nothing in this Agreement shall require a Company Party or the board of directors, board of managers, or similar governing body of a Company Party, after consulting with outside counsel, to take any action or to refrain from taking any action with respect to the Restructuring Transactions to the extent taking or failing to take such action would be inconsistent with applicable Law or its fiduciary obligations under applicable Law, and any such action or inaction pursuant to this Section 7.01 shall not be deemed to constitute a breach of this AgreementAgreement (other than solely for the purpose of establishing the occurrence of an event that may give rise to a termination right under Section 11.01). The Company Parties shall give prompt written notice to the Consenting Stakeholders of any determination made in accordance with this Section 7.01 to take or refrain from taking any action7.01. This Section 7.01 shall not impede any Party’s right to terminate this Agreement pursuant to Section 12 hereof11 of this Agreement, including on account of any action or inaction any a Company Party or a governing body of such a Company Party may take pursuant to this Section 7.01.

Additional Provisions Regarding Company Parties’ Commitments. 7.01. Notwithstanding anything to the contrary in this Agreement, nothing in this Agreement shall require a any Company Party or the board of directors, board of managers, or similar governing body of a any Company Party, after consulting with based on the advice of outside legal counsel, in good faith, to take any action or to refrain from taking any action with respect to the Restructuring Transactions to the extent taking or failing to take such action would be inconsistent with applicable Law or its fiduciary obligations under applicable Law, and any such action or inaction pursuant to this Section 7.01 shall not be deemed to constitute a breach of this Agreement. The Company Parties shall give prompt written notice to notify the Consenting Stakeholders Advisors of any determination in accordance with this Section 7.01 to take any action or to refrain from taking any actionaction pursuant to this Section 7.01 within twenty-four hours following such determination. This Section 7.01 shall not impede any Party’s right to terminate this Agreement pursuant to Section 12 hereof, including on account of any action or inaction any Company Party or a governing body of such Company Party may take pursuant to this Section 7.01.