Common use of Assumption in Bankruptcy Clause in Contracts

Assumption in Bankruptcy. The Company agrees that in the event that a chapter 11 bankruptcy petition is filed by or against the Company, the Company will, at its sole expense, promptly file a motion seeking Bankruptcy Court approval of the Company’s assumption of this Agreement as an executory contract pursuant to Bankruptcy Code section 365. The Company further agrees to use commercially reasonable efforts to seek approval of such motion. Executive agrees to cooperate with the Company’s efforts in prosecuting such motion, and agrees to provide such information and assistance as may be necessary for the Company 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 the Company in seeking approval of such motion.

Assumption in Bankruptcy. The Company agrees that in the event that a chapter 11 bankruptcy petition is filed by or against the Company, the Company will, at its sole expense, promptly file a motion seeking Bankruptcy Court approval of the Company’s 's assumption of this Agreement as an executory contract pursuant to Bankruptcy Code section 365. The Company further agrees to use commercially reasonable efforts to seek approval of such motion. Executive agrees to cooperate with the Company’s 's efforts in prosecuting such motion, and agrees to provide such information and assistance as may be necessary for the Company 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 the Company in seeking approval of such motion.