Company Fiduciary Duties. (a) Nothing in this Agreement shall otherwise require the Company or any directors, officers, or members of the Company, each in its capacity as a director, officer, or member of the Company, to take any action, or to refrain from taking any action, to the extent inconsistent with its or their fiduciary obligations under applicable law (as reasonably determined by them in good faith after consultation with legal counsel). (b) All Consenting Creditors reserve all rights they may have, including the right (if any) to challenge any exercise by the Company of its respective fiduciary duties.
Appears in 3 contracts
Samples: Restructuring Support and Forbearance Agreement (CAESARS ENTERTAINMENT Corp), Restructuring Support and Forbearance Agreement (CAESARS ENTERTAINMENT Corp), Restructuring Support and Forbearance Agreement (CAESARS ENTERTAINMENT Corp)
Company Fiduciary Duties. (a) Nothing in this Agreement shall otherwise require the Company or any directors, officers, or members of the Company, each in its capacity as a director, officer, or member of the Company, to take any action, or to refrain from taking any action, to the extent inconsistent with its or their fiduciary obligations under applicable law (as reasonably determined by them in good faith after consultation with legal counsel).
(b) All Consenting Creditors reserve all rights they may have, including the right (if any) to challenge any exercise by the Company of its respective fiduciary duties.
Appears in 2 contracts
Samples: Restructuring Support and Forbearance Agreement (CAESARS ENTERTAINMENT Corp), Restructuring Support and Forbearance Agreement (CAESARS ENTERTAINMENT Corp)
Company Fiduciary Duties. (a) Nothing in this Agreement shall otherwise require the Company or any directors, officers, or members of the Company, each in its capacity as a director, officer, or member of the Company, to take any action, or to refrain from taking any action, to the extent inconsistent with its or their fiduciary obligations under applicable law (as reasonably determined by them in good faith after consultation with legal counsel).
(b) All Consenting Creditors reserve all rights they may have, including the right (if any) to challenge any exercise by the Company, or any directors, officers, or members of the Company of its their respective fiduciary duties.
Appears in 2 contracts
Samples: Restructuring Support Agreement (Claires Stores Inc), Restructuring Support Agreement (Claires Stores Inc)
Company Fiduciary Duties. (a) Nothing in this Agreement shall otherwise require the Company or any directors, officers, or members of the Company, each in its capacity as a director, officer, or member of the Company, to take any action, or to refrain from taking any action, to the extent inconsistent with its or their fiduciary obligations under applicable law (as reasonably determined by them in good faith after consultation with legal counsel).
(b) All Consenting Bank Creditors reserve all rights they may have, including the right (if any) to challenge any exercise by the Company of its respective fiduciary duties.
Appears in 1 contract
Samples: Restructuring Support and Forbearance Agreement (CAESARS ENTERTAINMENT Corp)
Company Fiduciary Duties. (a) Nothing in this Agreement shall otherwise require the Company or any directors, officers, or members of the Company, each in its capacity as a director, officer, or member of the Company, to take any action, or to refrain from taking any action, to the extent inconsistent with its or their fiduciary obligations under applicable law (as reasonably determined by them in good faith after consultation with legal counsel).
(b) [reserved].
(c) All Consenting Second Lien Creditors reserve all rights they may have, including the right (if any) to challenge any exercise by the Company of its respective fiduciary duties.
Appears in 1 contract
Samples: Restructuring Support and Forbearance Agreement (CAESARS ENTERTAINMENT Corp)