Common use of Assumption in Bankruptcy Clause in Contracts

Assumption in Bankruptcy. Employer agrees that in the event that ------------------------ a chapter 11 bankruptcy petition is filed by or against Employer, Employer will, at its sole expense, promptly file a motion seeking Bankruptcy Court approval of Employer's assumption of this Agreement as an executory contract pursuant to Bankruptcy Code section 365. Employer further agrees to use commercially reasonable efforts to seek approval of such motion. Executive agrees to cooperate with Employer's efforts in prosecuting such motion, and agrees to provide such information and assistance as may be necessary for Employer to obtain the approval thereof; provided, however, that Executive's obligation to provide such assistance and cooperation shall not require Executive to pay any of the costs, including legal fees or expenses, incurred by Employer in seeking approval of such motion.

Appears in 3 contracts

Samples: Employment Agreement (Wyndham International Inc), Employment Agreement (Wyndham International Inc), Wyndham International Inc

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Assumption in Bankruptcy. Employer agrees that in the event that ------------------------ a chapter 11 bankruptcy petition is filed by or against Employer, Employer will, at its sole expense, promptly file a motion seeking Bankruptcy Court approval of Employer's ’s assumption of this Agreement as an executory contract pursuant to Bankruptcy Code section 365. Employer further agrees to use commercially reasonable efforts to seek approval of such motion. Executive agrees to cooperate with Employer's ’s efforts in prosecuting such motion, and agrees to provide such information and assistance as may be necessary for Employer to obtain the approval thereof; provided, however, that Executive's ’s obligation to provide such assistance and cooperation shall not require Executive to pay any of the costs, including legal fees or expenses, incurred by Employer in seeking approval of such motion.

Appears in 3 contracts

Samples: Executive Employment Agreement (Wyndham International Inc), Executive Employment Agreement (Wyndham International Inc), Executive Employment Agreement (Wyndham International Inc)

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Assumption in Bankruptcy. Employer agrees that in the event that ------------------------ a chapter 11 bankruptcy petition is filed by or against Employer, Employer will, at its sole expense, promptly file a motion seeking Bankruptcy Court approval of Employer's assumption of this Agreement as an executory contract pursuant to Bankruptcy Code section 365. Employer further agrees to use commercially reasonable efforts to seek approval of such motion. Executive agrees to cooperate with Employer's efforts in prosecuting such motion, and agrees to provide such information and assistance as may be necessary for Employer to obtain the approval thereof; provided, however, that Executive's obligation to provide such assistance and cooperation shall not require Executive to pay any of the costs, including legal fees or expenses, incurred by Employer in seeking approval of such motion.

Appears in 3 contracts

Samples: Employment Agreement (Wyndham International Inc), Wyndham International Inc, Wyndham International Inc

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