Certain Financing and Other Transactions Sample Clauses

Certain Financing and Other Transactions. Notwithstanding any covenants or other agreements contained herein to the contrary which are applicable to the Company, AREP Oil & Gas or IPO Co., each of the parties: (i) acknowledges and agrees that the IPO Transaction and one or more of the transactions, agreements, events or matters described or contemplated on Exhibit B attached hereto (or similar transactions) may occur prior to, contemporaneously with or following the Effective Time; (ii) hereby consents to the IPO Transaction and each of such transactions, agreements, events and matters; and (iii) agrees that the foregoing shall in no event give rise to any right by any party to (a) assert that any other party has breached any representation, warranty, covenant or other agreement contained herein or that any condition to Closing has failed to occur or (ii) terminate this Agreement pursuant to Article VI.