Automatic Stay. The Company acknowledges that the giving of notice of termination by any Party pursuant to this Agreement shall not be a violation of the automatic stay of section 362 of the Bankruptcy Code, and the Company hereby waives to the fullest extent permitted by law, the applicability of the automatic stay as it relates to any such notice being provided; provided that nothing herein shall prejudice any Party’s rights to argue that the giving of notice of termination was not proper under the terms of this Agreement.
Appears in 3 contracts
Samples: Restructuring Support Agreement, Restructuring Support Agreement, Restructuring Support Agreement (Noble Corp)
Automatic Stay. The Company acknowledges and agrees and shall not dispute that the giving of notice of termination by any Party pursuant to this Agreement shall not be a violation of the automatic stay of section 362 of the Bankruptcy Code, Code (and the Company hereby waives waives, to the fullest greatest extent permitted by lawpossible, the applicability of the automatic stay as it relates to any such notice being provided; provided that nothing herein shall prejudice any Party’s rights to argue that the giving of notice of termination was not proper under the terms of this Agreementsuch notice).
Appears in 2 contracts
Samples: Restructuring Support Agreement (Broadvision Inc), Restructuring Support Agreement (SFX Entertainment, INC)
Automatic Stay. The Company acknowledges and agrees and shall not dispute that after the Petition Date, the termination of this Agreement and the giving of notice of termination by any Party pursuant to this Agreement shall not be a violation of the automatic stay of section 362 of the Bankruptcy CodeCode (and each Nuverra Party hereby waives, and the Company hereby waives to the fullest extent permitted by lawApplicable Law, the applicability of the automatic stay as it relates to any such notice being provided; provided that nothing herein shall prejudice any Party’s rights to argue that the giving of notice of termination was not proper under the terms of this Agreementsuch notice).
Appears in 2 contracts
Samples: Restructuring Support Agreement (Nuverra Environmental Solutions, Inc.), Restructuring Support Agreement
Automatic Stay. The Company acknowledges and agrees that after the commencement of the Chapter 11 Cases, the giving of notice of termination by any Party pursuant to this Agreement shall not be a violation of the automatic stay of section 362 of the Bankruptcy Code, Code (and the Company hereby waives waives, to the fullest greatest extent permitted by lawpossible, the applicability of the automatic stay as it relates to any such notice being provided; provided that nothing herein shall prejudice any Party’s rights to argue that the giving of notice of termination was not proper under the terms of this Agreementsuch notice).
Appears in 2 contracts
Samples: Restructuring and Lock Up Agreement, Restructuring and Lock Up Agreement (Caraustar Industries Inc)
Automatic Stay. The Company acknowledges that the giving of notice of termination by any Party pursuant to this Agreement shall not be a violation of the automatic stay of section 362 of the Bankruptcy Code, and the Company hereby waives to the fullest extent permitted by law, the applicability of the automatic stay as it relates to any such notice being provided; provided that nothing herein shall prejudice any Party’s rights to argue that the giving of notice of termination was not proper under the terms of this Agreement.
Appears in 2 contracts
Samples: Restructuring Support Agreement (Cano Health, Inc.), Plan Sponsor Agreement (Violin Memory Inc)
Automatic Stay. The Company acknowledges that after the Petition Date, the giving of notice of termination by any Party pursuant to this Agreement shall not be considered a violation of the automatic stay of section 362 of the Bankruptcy Code; provided, and the Company hereby waives to the fullest extent permitted by law, the applicability of the automatic stay as it relates to any such notice being provided; provided that nothing herein shall prejudice any Party’s rights right to argue that the giving of notice of termination was not proper under the terms of this Agreement.
Appears in 1 contract
Automatic Stay. The Company acknowledges and agrees and shall not dispute that after the commencement of cases under the Bankruptcy Code, the giving of notice of termination by any Party pursuant to this Agreement shall not be a violation of the automatic stay of section 362 of the Bankruptcy Code, Code (and the Company hereby waives waives, to the fullest greatest extent permitted by lawpossible, the applicability of the automatic stay as it relates to any the giving of such notice being notice); provided; provided , that nothing herein shall prejudice any Party’s rights to argue that the giving of notice of default or termination was not proper under the terms of this Agreement.
Appears in 1 contract
Samples: Restructuring Support Agreement (REVA Medical, Inc.)
Automatic Stay. The Company acknowledges and agrees and shall not dispute that the giving of notice of termination by any Party party pursuant to this Agreement shall not be a violation of the automatic stay of section Section 362 of the Bankruptcy Code, Code (and the Company hereby waives waives, to the fullest greatest extent permitted by lawpossible, the applicability of the automatic stay as it relates to any such notice being provided; provided that nothing herein shall prejudice any Party’s rights to argue that the giving of notice of termination was not proper under the terms of this Agreementsuch notice).
Appears in 1 contract
Samples: Investment Agreement (Radiation Therapy Services Holdings, Inc.)
Automatic Stay. The Company acknowledges and agrees and shall not dispute that the giving of notice of termination by any Transaction Party pursuant to and in accordance with this Agreement shall not be a violation of the automatic stay of section 362 of the Bankruptcy Code, Code (and the Company hereby waives waives, to the fullest greatest extent permitted by lawpossible, the applicability of the automatic stay as it relates to any such notice being provided; provided that nothing herein shall prejudice any Party’s rights to argue that the giving of notice of termination was not proper under the terms of this Agreementsuch notice).
Appears in 1 contract
Samples: Restructuring Support Agreement
Automatic Stay. The Company acknowledges and agrees and shall not dispute that after the Petition Date, the termination of this Agreement and the giving of notice of termination by any Party pursuant to this Agreement shall not be a violation of the automatic stay of section 362 of the Bankruptcy CodeCode (and each Fallbrook Party hereby waives, and the Company hereby waives to the fullest extent permitted by lawApplicable Law, the applicability of the automatic stay as it relates to any such notice being provided; provided that nothing herein shall prejudice any Party’s rights to argue that the giving of notice of termination was not proper under the terms of this Agreementsuch notice).
Appears in 1 contract
Samples: Securities Purchase Agreement
Automatic Stay. The Company acknowledges and agrees and shall not dispute that the giving of notice any notices, including notices of termination by any Party pursuant to this Agreement Agreement, shall not be a violation of the automatic stay of section 362 of the Bankruptcy Code, Code (and the Company hereby waives waives, to the fullest extent permitted by law, the applicability of the automatic stay as it relates to any the giving of such notice being notice); provided; provided , however, that nothing herein shall prejudice any Party’s rights to argue that the giving of notice of default or termination was not proper under the terms of this Agreement.
Appears in 1 contract
Automatic Stay. The Company acknowledges Parties acknowledge that the giving of notice of termination by any Party pursuant to this Agreement shall not be a violation of the automatic stay of under section 362 of the Bankruptcy Code, and the Company Parties hereby waives waive, to the fullest extent permitted by lawLaw, the applicability of the automatic stay as it relates to any such notice being provided; provided that nothing herein shall prejudice any Party’s rights to argue that the giving of notice of termination was not proper under the terms of this Agreement.
Appears in 1 contract
Samples: Restructuring Support Agreement