Common use of Individual Consenting Stakeholder Termination Right Trigger Events Clause in Contracts

Individual Consenting Stakeholder Termination Right Trigger Events. Notwithstanding the foregoing, each Consenting Stakeholder may terminate this Agreement in accordance with Section 11.07 with respect to itself only, upon the occurrence of any of the following Termination Right Trigger Events: (a) any Restructuring Document or amendment thereto is, in respect of economic substance or legal rights thereunder, inconsistent in any material respect with this Agreement (including the Term Sheet) in a manner materially adverse to such Consenting Stakeholder, as reasonably determined by such Consenting Stakeholder; (b) the Plan, or the terms of the Restructuring Transactions prior to filing of the Plan, shall have been modified, in whole or in part, in a manner that is inconsistent in any material respect with this Agreement (including the Term Sheet) and adverse to such Consenting Stakeholder, as reasonably determined by such Consenting Stakeholder, without prior written consent from such Consenting Stakeholder; or (c) any motion, pleading, or Restructuring Documents shall have been filed with the Brazilian RJ Court or any other court (including any modifications or amendments thereof) that, in whole or in part, is inconsistent in any material respect with this Agreement (including the Term Sheet), the Cash Collateral Agreements or the Plan and materially adverse to such Consenting Stakeholder, as reasonably determined by such Consenting Stakeholder; provided that this clause (c) shall only constitute a Termination Right Trigger Event to the extent such motion, pleading or Restructuring Document is filed by any of the Plan Support Parties. For the avoidance of doubt, nothing contained in this Section 11.02 should be deemed to modify the provisions of Section 12.

Individual Consenting Stakeholder Termination Right Trigger Events. Notwithstanding the foregoing, each Consenting Stakeholder may terminate this Agreement in accordance with Section 11.07 with respect to itself only, upon the occurrence of any of the following Termination Right Trigger Events:Events:‌ (a) any Restructuring Document or amendment thereto is, in respect of economic substance or legal rights thereunder, inconsistent in any material respect with this Agreement (including the Term Sheet) in a manner materially adverse to such Consenting Stakeholder, as reasonably determined by such Consenting Stakeholder; (b) the RJ Plan, or the terms of the Restructuring Transactions prior to filing of the RJ Plan, shall have been modified, in whole or in part, in a manner that is inconsistent in any material respect with this Agreement (including the Term Sheet) and adverse to such Consenting Stakeholder, as reasonably determined by such Consenting Stakeholder, without prior written consent from such Consenting Stakeholder; or (c) any motion, pleading, or Restructuring Documents Document shall have been filed with the Brazilian RJ Court or any other court (including any modifications or amendments thereof) that, in whole or in part, is inconsistent in any material respect with this Agreement (including the Term Sheet)Agreement, the Cash Cash‌ Collateral Agreements or the RJ Plan and materially adverse to such Consenting Stakeholder, as reasonably determined by such Consenting Stakeholder; provided that this clause (c) shall only constitute a Termination Right Trigger Event to the extent such motion, pleading or Restructuring Document is filed by any of the Plan Support Parties. For the avoidance of doubt, nothing contained in this Section 11.02 should be deemed to modify the provisions of Section 12.

Individual Consenting Stakeholder Termination Right Trigger Events. Notwithstanding the foregoing, each Consenting Stakeholder may terminate this Agreement in accordance with Section 11.07 with respect to itself only, upon the occurrence of any of the following Termination Right Trigger Events: (a) any Restructuring Document or amendment thereto is, in respect of economic substance or legal rights thereunder, inconsistent in any material respect with this Agreement (including the Term Sheet) in a manner materially adverse to such Consenting Stakeholder, as reasonably determined by such Consenting Stakeholder; (b) the Plan, or the terms of the Restructuring Transactions prior to filing of the Plan, shall have been modified, in whole or in part, in a manner that is inconsistent in any material respect with this Agreement (including the Term Sheet) and adverse to such Consenting Stakeholder, as reasonably determined by such Consenting Stakeholder, without prior written consent from such Consenting Stakeholder; or; (c) any motion, pleading, or Restructuring Documents shall have been filed with the Brazilian RJ Court or any other court (including any modifications or amendments thereof) that, in whole or in part, is inconsistent in any material respect with this Agreement (including the Term Sheet), the Cash Collateral Agreements or the Plan and materially adverse to such Consenting Stakeholder, as reasonably determined by such Consenting Stakeholder; provided that this clause or (cd) the Filing Entities shall only constitute a Termination Right Trigger Event have failed to file the extent such motionBrazilian RJ Proceeding by 11:59 p.m. prevailing Eastern time on December 7, pleading or Restructuring Document is filed by any of the Plan Support Parties2018. For the avoidance of doubt, nothing contained in this Section 11.02 should be deemed to modify the provisions of Section 12.. PRIVILEGED & CONFIDENTIAL ATTORNEY WORK PRODUCT