Continuing Enforceability of the Attorneys General Settlement is incorporated herein by reference.
Continuing Enforceability. 15.1. The parties acknowledge and agree that the purpose of this Agreement and the mandatory certification of the Settlement Class with respect to Liggxxx xxx its Present Affiliates is to provide the Settlement Class with certain equitable and other relief, and a secure and ongoing source of recovery, subject to equitable allocation and distribution, while ensuring that Liggxxx xxx make its payments hereunder without risking bankruptcy or other insolvency; this Agreement is intended to be a mutually beneficial and equitable alternative to the prospect of bankruptcy.
15.2. Unless earlier terminated, as to the Settlement Class, this Agreement and each provision of or obligation arising from this Agreement shall continue and remain fully executory and enforceable if a Settling Defendant institutes or is subject to the institution against it of any proceeding or voluntary case under title 11 of the United States Code, or other proceeding seeking to adjudicate it insolvent or seeking liquidation, winding up, reorganization, arrangement, adjustment, protection, relief or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief or protection of debtors or other proceeding seeking the entry of an order for relief or the appointment of a receiver, trustee, custodian or other similar official for it or for any part of its property (each, a "Bankruptcy Proceeding"). Brooke Group has the right but not the obligation to cure and to perform any and all obligations of Liggxxx xxxer this Agreement notwithstanding the occurrence and continuation of any Bankruptcy Proceeding with respect to Liggxxx; xxovided, however, that until such time as Liggxxx xxxides whether to reject or assume this Agreement, Brooke Group shall have the obligation to pay the annual installments as provided by Section 7 hereof and any and all rights the Settlement Class may have not to accept such cure or performance in any Bankruptcy Proceeding are waived.
Continuing Enforceability. Other than as specifically set forth in this Amendment, the Warrant shall remain unaffected by this Amendment, and the Warrant shall continue in full force and effect, subject to the terms and conditions thereof.
Continuing Enforceability. Except as amended hereby, all terms and conditions of the Warrant remain unchanged and continue in full force and effect.
Continuing Enforceability. Without limiting the foregoing, no transfer of ownership interests in Tenant or its Ownership Group shall affect the enforceability of this Agreement and Tenant and its Ownership Group shall continue to be bound by the terms hereof.
Continuing Enforceability. In all respects, other than as specifically set forth in this Amendment, the Agreement shall remain unaffected by this Amendment, and the Agreement shall continue in full force and effect, subject to the terms and conditions thereof.
Continuing Enforceability. Following the effective date of termination, the terminating City Party shall have no further obligations or rights with respect to this Agreement, except as expressly provided otherwise herein.
Continuing Enforceability. THIS AGREEMENT SHALL CONTINUE TO BE ENFORCEABLE AS AMONG THE PARTIES HERETO IN THE EVENT OF ANY BANKRUPTCY, INSOLVENCY, REORGANIZATION, ARRANGEMENT, ADJUSTMENT, WINDING UP, LIQUIDATION, DISSOLUTION, COMPOSITION OR OTHER SIMILAR RELIEF GRANTED OR OCCURRING WITH RESPECT TO ANY PARTY HERETO, AND SHALL BE APPLICABLE TO ANY AND ALL DISTRIBUTIONS OR APPLICATIONS OF PROCEEDS OF ANY COLLATERAL MADE BY ANY RECEIVER, TRUSTEE, DEBTOR-IN-POSSESSION OR OTHER PERSON. THIS AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT REGARDLESS OF WHETHER ANY PARTY HERETO SEEKS TO RESCIND, AMEND, TERMINATE OR REFORM, BY LITIGATION OR OTHERWISE, ITS OBLIGATIONS UNDER ANY OF ITS AGREEMENTS WITH AVAX.
Continuing Enforceability. (a) The Borrower and the Parent Guarantor hereby confirm that the Finance Documents shall continue and remain in full force and effect, notwithstanding any amendment, novation, supplement, extension, restatement, increase or replacement of the Facility Agreement as set out in this Amendment Agreement.
(b) The Parent Guarantor hereby confirms for the benefit of the Bank that the guarantee granted by the Parent Guarantor under the Parent Guarantee shall remain in full force and effect notwithstanding the amendments referred to in Clause 2 Amendment and extend to any new obligations assumed by the Borrower under the Finance Documents as a result of this Amendment Agreement.
(c) Notwithstanding any provision of this Amendment Agreement to the contrary, it is acknowledged and agreed that the Parent Guarantor enters into this Amendment Agreement solely for the purpose of giving the confirmations referred to in this Clause 4. Continuing Enforceability and the representations in Clause 6. Parent Guarantor Representations below.
Continuing Enforceability. All provisions of this Order/Agreement shall continue to be binding after the conclusion above-entitled case/claim, unless otherwise agreed by the parties or ordered by a Court.
