Common use of No Solicitation; Representation by Counsel; Adequate Information Clause in Contracts

No Solicitation; Representation by Counsel; Adequate Information. (a) This Agreement is not and shall not be deemed to be a solicitation to tender or exchange any of the Secured Notes or a solicitation for votes in favor of the Plan in the Chapter 11 Cases. The acceptances of the Consenting Noteholders and the Consenting Equityholders with respect to the Plan will not be solicited until such Consenting Noteholder or such Consenting Equityholder has received the Disclosure Statement and Solicitation Materials, each as approved by the Bankruptcy Court. (b) Each Party acknowledges that it has had an opportunity to receive information from the Company and that it has been represented by counsel in connection with this Agreement and the transactions contemplated hereby. Accordingly, any rule of law or any legal decision that would provide any Party with a defense to the enforcement of the terms of this Agreement against such Party based upon lack of legal counsel shall have no application and is expressly waived.

No Solicitation; Representation by Counsel; Adequate Information. (a) This Agreement is not and shall not be deemed to be a solicitation to tender or exchange any of the Secured Notes or a solicitation for votes in favor of the Plan in the Chapter 11 Cases. The acceptances of the Consenting Noteholders and the Consenting Equityholders Lenders with respect to the Plan will not be solicited until such Consenting Noteholder or such Consenting Equityholder Lender has received the Disclosure Statement and Solicitation Materialsrelated ballots and solicitation materials, each as approved by the Bankruptcy Court. (b) Each Party acknowledges that it has had an opportunity to receive information from the Company and that it has been represented by counsel in connection with this Agreement and the transactions contemplated hereby. Accordingly, any rule of law or any legal decision that would provide any Party with a defense to the enforcement of the terms of this Agreement against such Party based upon lack of legal counsel shall have no application and is expressly waived.