No Consent to Assumption. Each Holder of a PIES, by acceptance thereof, shall be deemed expressly to have withheld any consent to the assumption under Section 365 of the Bankruptcy Code or otherwise, of the Purchase Contract by the Company or its trustee, receiver, liquidator or a person or entity performing similar functions in the event that the Company becomes the debtor under the Bankruptcy Code or subject to other similar state or federal law providing for reorganization or liquidation.
Appears in 4 contracts
Samples: Purchase Contract Agreement (Sierra Pacific Resources), Purchase Contract Agreement (Sierra Pacific Resources /Nv/), Purchase Contract Agreement (Sierra Pacific Resources /Nv/)
No Consent to Assumption. Each Holder of a PIESDECS, by acceptance thereof, shall be deemed expressly to have withheld any consent to the assumption under Section 365 of the Bankruptcy Code or otherwise, of the Forward Purchase Contract by the Company or its trusteeCompany, any receiver, liquidator or a person or entity performing similar functions or its trustee in the event that the Company becomes the debtor under the Bankruptcy Code or subject to other similar state or federal law providing for reorganization or liquidation.
Appears in 2 contracts
Samples: Forward Purchase Contract Agreement (Solutia Inc), Forward Purchase Contract Agreement (Capital One Financial Corp)
