Common use of Compromises and Arrangements Clause in Contracts

Compromises and Arrangements. Notwithstanding anything contained in the certificate of incorporation or other charter documents of the Guarantor, the Guarantor acknowledges and agrees that no Noteholder is waiving any of its rights and remedies under this Guaranty, including, without limitation, the right to file a bankruptcy petition or petitions under the United States Bankruptcy Code (11 U.S.C. § 101 et seq.) or the right to take advantage of any other bankruptcy or insolvency law of any jurisdiction, and the right to settle its claims in such fashion as it shall determine, regardless of the settlement or other arrangements that may be made by any stockholder or other creditor.

Appears in 6 contracts

Samples: Note Purchase Agreement (Smucker J M Co), Guaranty Agreement (Smucker J M Co), Guaranty Agreement (Smucker J M Co)

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Compromises and Arrangements. Notwithstanding anything contained in the certificate of incorporation or other charter documents of the Guarantor, the Guarantor acknowledges and agrees that no Noteholder is waiving any of its rights and remedies under this Guaranty, including, without limitation, the right to file a bankruptcy petition or petitions under the United States Bankruptcy Code (11 U.S.C. § Section 101 et seq.) or the right to take advantage of any other bankruptcy or insolvency law of any jurisdiction, and the right to settle its claims in such fashion as it shall determine, regardless of the settlement or other arrangements that may be made by any stockholder or other creditor.

Appears in 1 contract

Samples: Note Purchase Agreement (Smucker J M Co)

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Compromises and Arrangements. Notwithstanding anything contained in the certificate of incorporation or other charter documents of the any Subsidiary Guarantor, the each Subsidiary Guarantor acknowledges and agrees that no Noteholder is waiving any of its rights and remedies under this Guaranty, including, without limitation, the right to file a bankruptcy petition or petitions under the United States Bankruptcy Code (11 U.S.C. § 101 et seq.) or the right to take advantage of any other bankruptcy or insolvency law of any jurisdiction, and the right to settle its claims in such fashion as it shall determine, regardless of the settlement settlement. or other arrangements that may be made by any stockholder or other creditor.

Appears in 1 contract

Samples: Multi Currency Note Purchase and Private Shelf Agreement (Kadant Inc)

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