Common use of Bankruptcy Plan Voting Clause in Contracts

Bankruptcy Plan Voting. In case of the pendency of any proceeding under any Debtor Relief Laws relative to any Note Party, each Purchaser shall submit any vote on a plan of reorganization or similar disposition plan of restructuring or liquidation (a “Plan”) to Collateral Agent so that it is received by Collateral Agent no later than three (3) Business Days prior to the voting deadline established pursuant to the terms of such Plan or any court order establishing voting procedures with respect to the Plan (the “Voting Procedures Order”). If Purchasers constituting more than half of the total number of Purchasers that vote and having or holding more than two-thirds of the aggregate Voting Power Determinants of all Purchasers that vote timely submit a vote to accept the Plan, Collateral Agent shall submit a ballot on behalf of all Purchasers voting to accept the Plan in accordance with the terms of the Plan or the Voting Procedures Order. If Purchasers constituting more than half of the total number of Purchasers that vote and having or holding more than two-thirds of the aggregate Voting Power Determinants of all Purchasers that vote do not timely vote to accept the Plan, Collateral Agent shall submit a ballot on behalf of all Purchasers voting to reject the Plan in accordance with the terms of the Plan or the Voting Procedures Order. For purposes of calculating the total number of Purchasers and the number of Purchasers voting to accept the Plan, Purchasers that are Affiliates shall be deemed to be a single Purchaser. No Purchaser may submit a ballot with respect to a Plan in contravention of the procedures set forth in this Section 9.11, and Collateral Agent is irrevocably authorized by each Purchaser to withdraw any vote submitted by such Purchaser in contravention of the procedures set forth in this Section 9.11.

Bankruptcy Plan Voting. In case of the pendency of any proceeding under any Debtor Relief Laws relative to any Note Credit Party, each Purchaser Lender shall submit any vote on a plan of reorganization or similar disposition plan of restructuring or liquidation (a “"Reorganization Plan”") to Collateral the Administrative Agent so that it is received by Collateral the Administrative Agent no later than three (3) Business Days prior to the voting deadline established pursuant to the terms of such Reorganization Plan or any court order establishing voting procedures with respect to the Reorganization Plan (the “"Voting Procedures Order”"). If Purchasers Lenders constituting more than half of the total number of Purchasers that vote Lenders and having or holding more than two-thirds of the aggregate Voting Power Determinants of all Purchasers that vote Lenders timely submit a vote to accept the Reorganization Plan, Collateral the Administrative Agent shall submit a ballot on behalf of all Purchasers Lenders voting to accept the Reorganization Plan in accordance with the terms of the Reorganization Plan or the Voting Procedures Order. If Purchasers Lenders constituting more than half of the total number of Purchasers that vote Lenders and having or holding more than two-thirds of the aggregate Voting Power Determinants of all Purchasers that vote Lenders do not timely vote to accept the Reorganization Plan, Collateral the Administrative Agent shall submit a ballot on behalf of all Purchasers Lenders voting to reject the Reorganization Plan in accordance with the terms of the Reorganization Plan or the Voting Procedures Order. For purposes of calculating the total number of Purchasers Lenders and the number of Purchasers Lenders voting to accept the Reorganization Plan, Purchasers Lenders that are Affiliates shall be deemed to be a single PurchaserLender. No Purchaser Lender may submit a ballot with respect to a Reorganization Plan in contravention of the procedures set forth in this Section 9.11, and Collateral the Administrative Agent is irrevocably authorized by each Purchaser Lender to withdraw any vote submitted by such Purchaser Lender in contravention of the procedures set forth in this Section 9.11.. 154

Bankruptcy Plan Voting. In the case of the pendency of any proceeding under any Debtor Relief Laws relative to any Note Credit Party, each Purchaser Lender shall submit any vote on a plan of reorganization or similar disposition plan of restructuring or liquidation (a “"Reorganization Plan”") to Collateral the Administrative Agent so that it is received by Collateral the Administrative Agent no later than three (3) Business Days prior to the voting deadline established pursuant to the terms of such Reorganization Plan or any court order establishing voting procedures with respect to the Reorganization Plan (the “"Voting Procedures Order”"). If Purchasers Lenders constituting more than half of the total number of Purchasers that vote Lenders and having or holding more than two-thirds of the aggregate Voting Power Determinants of all Purchasers that vote Lenders timely submit a vote to accept the Reorganization Plan, Collateral the Administrative Agent shall submit a ballot on behalf of all Purchasers Lenders voting to accept the Reorganization Plan in accordance with the terms of the Reorganization Plan or the Voting Procedures Order. If Purchasers Lenders constituting more than half of the total number of Purchasers that vote Lenders and having or holding more than two-thirds of the aggregate Voting Power Determinants of all Purchasers that vote Lenders do not timely vote to accept the Reorganization Plan, Collateral the Administrative Agent shall submit a ballot on behalf of all Purchasers Lenders voting to reject the Reorganization Plan in accordance with the terms of the Reorganization Plan or the Voting Procedures Order. For purposes of calculating the total number of Purchasers Lenders and the number of Purchasers Lenders voting to accept the Reorganization Plan, Purchasers Lenders that are Affiliates shall be deemed to be a single PurchaserLender. No Purchaser Lender may submit a ballot with respect to a Reorganization Plan in contravention of the procedures set forth in this Section 9.11, and Collateral the Administrative Agent is irrevocably authorized by each Purchaser Lender to withdraw any vote submitted by such Purchaser Xxxxxx in contravention of the procedures set forth in this Section 9.11. 9.12.

Bankruptcy Plan Voting. In the case of the pendency of any proceeding under any Debtor Relief Laws relative to any Note Credit Party, each Purchaser Lender shall submit any vote on a plan of reorganization or similar disposition plan of restructuring or liquidation (a “"Reorganization Plan”") to Collateral the Administrative Agent so that it is received by Collateral the Administrative Agent no later than three (3) Business Days prior to the voting deadline established pursuant to the terms of such Reorganization Plan or any court order establishing voting procedures with respect to the Reorganization Plan (the “"Voting Procedures Order”"). If Purchasers Lenders constituting more than half of the total number of Purchasers that vote Lenders and having or holding more than two-thirds of the aggregate Voting Power Determinants of all Purchasers that vote Lenders timely submit a vote to accept the Reorganization Plan, Collateral the Administrative Agent shall submit a ballot on behalf of all Purchasers Lenders voting to accept the Reorganization Plan in accordance with the terms of the Reorganization Plan or the Voting Procedures Order. If Purchasers Lenders constituting more than half of the total number of Purchasers that vote Lenders and having or holding more than two-thirds of the aggregate Voting Power Determinants of all Purchasers that vote Lenders do not timely vote to accept the Reorganization Plan, Collateral the Administrative Agent shall submit a ballot on behalf of all Purchasers Lenders voting to reject the Reorganization Plan in accordance with the terms of the Reorganization Plan or the Voting Procedures Order. For purposes of calculating the total number of Purchasers Lenders and the number of Purchasers Lenders voting to accept the Reorganization Plan, Purchasers Lenders that are Affiliates shall be deemed to be a single PurchaserLender. No Purchaser Lender may submit a ballot with respect to a Reorganization Plan in contravention of the procedures set forth in this Section 9.11, and Collateral the Administrative Agent is irrevocably authorized by each Purchaser Lender to withdraw any vote submitted by such Purchaser Xxxxxx in contravention of the procedures set forth in this Section 9.11.

Bankruptcy Plan Voting. In the case of the pendency of any proceeding under any Debtor Relief Laws relative to any Note Credit Party, each Purchaser Lender shall submit any vote on a plan of reorganization or similar disposition plan of restructuring or liquidation (a “"Reorganization Plan”") to Collateral the Administrative Agent so that it is received by Collateral the Administrative Agent no later than three (3) Business Days prior to the voting deadline established pursuant to the terms of such Reorganization Plan or any court order establishing voting procedures with respect to the Reorganization Plan (the “"Voting Procedures Order”"). If Purchasers Lenders constituting more than half of the total number of Purchasers that vote Lenders and having or holding more than two-thirds of the aggregate Voting Power Determinants of all Purchasers that vote Lenders timely submit a vote to accept the Reorganization Plan, Collateral the Administrative Agent shall submit a ballot on behalf of all Purchasers Lenders voting to accept the GS/Landec – Credit and Guaranty Agreement Reorganization Plan in accordance with the terms of the Reorganization Plan or the Voting Procedures Order. If Purchasers Lenders constituting more than half of the total number of Purchasers that vote Lenders and having or holding more than two-thirds of the aggregate Voting Power Determinants of all Purchasers that vote Lenders do not timely vote to accept the Reorganization Plan, Collateral the Administrative Agent shall submit a ballot on behalf of all Purchasers Lenders voting to reject the Reorganization Plan in accordance with the terms of the Reorganization Plan or the Voting Procedures Order. For purposes of calculating the total number of Purchasers Lenders and the number of Purchasers Lenders voting to accept the Reorganization Plan, Purchasers Lenders that are Affiliates shall be deemed to be a single PurchaserLender. No Purchaser Lender may submit a ballot with respect to a Reorganization Plan in contravention of the procedures set forth in this Section 9.11, and Collateral the Administrative Agent is irrevocably authorized by each Purchaser Lender to withdraw any vote submitted by such Purchaser Lender in contravention of the procedures set forth in this Section 9.11.

Bankruptcy Plan Voting. In case of the pendency of any proceeding under any Debtor Relief Laws relative to any Note Credit Party, each Purchaser Lender shall submit any vote on a plan of reorganization or similar disposition plan of restructuring or liquidation (a “"Reorganization Plan”") to Collateral the Administrative Agent so that it is received by Collateral the Administrative Agent no later than three (3) Business Days prior to the voting deadline established pursuant to the terms of such Reorganization Plan or any court order establishing voting procedures with respect to the Reorganization Plan (the “"Voting Procedures Order”"). If Purchasers Lenders constituting more than half of the total number of Purchasers that vote Lenders and having or holding more than two-thirds of the aggregate Voting Power Determinants of all Purchasers that vote Lenders timely submit a vote to accept the Reorganization Plan, Collateral the Administrative Agent shall submit a ballot on behalf of all Purchasers Lenders voting to accept the Reorganization Plan in accordance with the terms of the Reorganization Plan or the Voting Procedures Order. If Purchasers Lenders constituting more than half of the total number of Purchasers that vote Lenders and having or holding more than two-thirds of the aggregate Voting Power Determinants of all Purchasers that vote Lenders do not timely vote to accept the Reorganization Plan, Collateral the Administrative Agent shall submit a ballot on behalf of all Purchasers Lenders voting to reject the Reorganization Plan in accordance with the terms of the Reorganization Plan or the Voting Procedures Order. For purposes of calculating the total number of Purchasers Lenders and the number of Purchasers Lenders voting to accept the Reorganization Plan, Purchasers Lenders that are Affiliates shall be deemed to be a single PurchaserLender. No Purchaser Lender may submit a ballot with respect to a Reorganization Plan in contravention of the procedures set forth in this Section 9.11, and Collateral the Administrative Agent is irrevocably authorized by each Purchaser Lender to withdraw any vote submitted by such Purchaser Lxxxxx in contravention of the procedures set forth in this Section 9.11.