Common use of Bankruptcy Case Clause in Contracts

Bankruptcy Case. On August 12, 2013 (the “Petition Date”), the Company filed a voluntary bankruptcy petition (the “Bankruptcy Case”) under Chapter 11 of Title 11 of the United States Code, 11 U.S.C. §§ 101, et seq. (the “Bankruptcy Code”), in the United States Bankruptcy Court for the Western District of Wisconsin (the “Bankruptcy Court”). The Company intends for the Transactions (as defined below) to be effected under a plan of reorganization of the Company to be confirmed by order of the Bankruptcy Court (the “Plan of Reorganization”). A draft of the Plan of Reorganization has been provided to the Investor prior to delivery of the Investor’s executed signature page hereto.