Individual Termination Events Sample Clauses
Individual Termination Events. Any Consenting Creditor shall have the right to terminate this Agreement, as to itself only, if, upon the occurrence of any of the following events (each, an “Individual Termination Event”), such Consenting Creditor provides the LINN Debtors and the Consenting Creditors written notice of such Individual Termination Event delivered in accordance with Section 13.09 hereof, and (x) such Individual Termination Event remains uncured for a period of five (5) business days following the individual Consenting Creditor’s service of such notice, and (y) such individual Consenting Creditor has not waived such Individual Termination Event on or before the expiration of the cure period:
(a) the Effective Date shall not have occurred before May 1, 2017; or
(b) this Agreement or any Definitive Document or amendment or supplement thereto is amended or modified in a manner that materially and adversely affects the treatment of such Consenting Creditor relative to similarly situated holders of a Debt Instrument without the prior written consent of such Consenting Creditor so affected; provided, that such Consenting Creditor has sent notice of such Individual Termination Event pursuant to this Agreement within five (5) business days of its notice of such amendment or modification.
Individual Termination Events. Acting individually, the Party specified in each of (i)-(ii) below may terminate this RSA upon written notice to each Party delivered in accordance with Section 9.11 hereof upon the following:
(i) by any non-breaching Party, if any other Party materially breaches any representation, warranty or covenant under this RSA, which breach or breaches are not cured within three (3) days after receiving written notice of any such breach; or
(ii) by such Supporting Lender who is the target of any of the following: either (A) the Company files with the Bankruptcy Court a motion, application, or adversary proceeding (or the Company supports any such motion, application, or adversary proceeding filed or commenced by any third party) (1) challenging the validity, enforceability, or priority of, or seeking to avoid, recharacterize, disallow, limit, or subordinate, any claims or liens arising in connection with the Prepetition Credit Documents, as applicable or (2) asserting any other cause of action against any of the Supporting Lenders, as applicable, other than for the enforcement of the obligations of any Supporting Lenders hereunder or (B) the Bankruptcy Court enters an order providing relief against any Supporting Lender, as applicable, with respect to any of the foregoing causes of action or proceedings filed by any other party; provided, however, that the Company may comply with discovery requests in connection with any such suit or other proceeding in accordance with applicable law.