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 for votes in favor of the Plan in the Chapter 11 Cases from the Lender. The acceptances of the Lender with respect to the Plan will not be solicited until the Lender has received the Disclosure Statement and related ballots and solicitation materials. (b) Each Party acknowledges that it has had an opportunity to receive information from the Debtors 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. (c) Xxxxxx acknowledges, agrees and represents to the other Parties that it has such knowledge and experience in financial and business matters that such Xxxxxx is capable of evaluating the merits and risks of the securities to be acquired by it (if any) pursuant to the Restructuring and understands and is able to bear any economic risks with such investment.

No Solicitation; Representation by Counsel; Adequate Information. (a) This Agreement is not and shall not be deemed to be a solicitation for votes in favor of the Plan in the Chapter 11 Cases from the LenderCases. The acceptances of the Lender Consenting Holders with respect to the Plan will not be solicited until the Lender such Consenting Holder has received the Disclosure Statement Solicitation Materials and related ballots and solicitation materials. (b) Each Party acknowledges that it has had an opportunity to receive information from the Debtors 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. (c) Xxxxxx Each Consenting Holder acknowledges, agrees and represents to the other Parties that it has such knowledge and experience in financial and business matters that such Xxxxxx Consenting Holder is capable of evaluating the merits and risks of the securities to be acquired by it (if any) pursuant to the Restructuring Transactions and understands and is able to bear any economic risks with such investment.