Further Acquisition of Claims. This Agreement shall in no way be construed to preclude any Consenting Creditor or any of its affiliates from acquiring additional Claims. Any such additional Claims acquired by the Consenting Creditor shall automatically be subject to the terms of this Agreement. If at any time requested by the Debtors, each Consenting Creditor shall promptly (and, in no event later than three (3) Business Days after such request) inform the Debtors of the aggregate principal amount of Claims for which, as of the date of such request, it is the legal owner, beneficial owner and/or investment advisor or manager for the legal or beneficial owner. In no event shall anything in this Agreement impose on any Consenting Creditor an obligation to disclose the price paid for any Claims.
Further Acquisition of Claims. This Agreement shall in no way be construed to preclude any Supporting Party or any of its affiliates (as defined in section 101(2) of the Bankruptcy Code) from acquiring additional Claims following its execution of the Agreement; provided, that any such additional Claims acquired by any such Supporting Party shall automatically be deemed to be subject to the terms of this Agreement. Each Supporting Party further agrees that it will not knowingly create any subsidiary or affiliate for the sole purpose of acquiring any Claims against or interests in any of the Debtors without causing such affiliate to become a Party hereto prior to such acquisition.
Further Acquisition of Claims. Nothing in this Agreement shall be deemed to limit or restrict the ability or right of a Consenting Noteholder to acquire any additional Notes (“Additional Notes”) or other claims against or interests in the Debtors or any affiliates of the Debtors; provided, however, that in the event a Consenting Noteholder acquires any such Additional Notes (or other claims or interests) after the date hereof, such Additional Notes (and any other claims or interests) shall immediately upon such acquisition become subject to the terms of this Agreement. Notwithstanding the foregoing, each Consenting Noteholder, as applicable, acknowledges and agrees that it remains subject to and bound by any standstill or similar provisions (“Standstill Provisions”) contained in any confidentiality agreement (each, a “Confidentiality Agreement”) executed by the Debtors (or any one of them), on the one hand, and such Consenting Noteholder, on the other, in accordance with the terms of such Confidentiality Agreement unless such Standstill Provisions have been terminated or expired in accordance with the terms of the Confidentiality Agreement.
Further Acquisition of Claims. This Agreement shall in no way be construed to preclude the Consenting Holders and Prepetition Lenders from acquiring additional Claims. However, any such additional Claims so acquired shall automatically be deemed to be Relevant Claims and to be subject to the terms of this Agreement.
Further Acquisition of Claims. This Agreement shall in no way be construed to preclude any Holder from acquiring additional Claims. However, any such additional Claims so acquired shall automatically be deemed to be subject to the terms of this Agreement.
Further Acquisition of Claims. Subject to applicable securities laws or other applicable law, this Agreement shall not limit, abridge, or otherwise impair, or be construed to preclude, the right of any Supporting Subordinated Noteholders to acquire additional Subordinated Notes; provided, however, that any such additional Subordinated Notes so acquired shall be deemed to be subject to the terms of this Agreement.
Further Acquisition of Claims. This Letter Agreement shall in no way be construed to preclude Holders from acquiring additional Notes. However, any such additional Notes so acquired shall automatically be subject to the terms of this Letter Agreement.
Further Acquisition of Claims. Subject to the provisions of the Term Sheet, this Agreement shall in no way be construed to preclude the Creditor from acquiring additional claims or interests. However, any such additional claims or interests so acquired shall automatically be deemed to be subject to the terms of this Agreement.
Further Acquisition of Claims. This Agreement shall in no way be construed to preclude the Consenting Lenders from acquiring additional claims against CWON or any of its subsidiaries. However, any such additional claims so acquired shall automatically be deemed to be Consenting Lender Claims subject to the terms of this Agreement.
Further Acquisition of Claims. This Agreement shall in no way be construed to preclude any Executing Senior Secured Creditor from acquiring additional claims based on obligations owed under the Senior Credit Agreement. However, any such additional claims so acquired will automatically be deemed to be Relevant Claims and to be subject to the terms of this Agreement.
