No Waiver of Participation and Preservation of Rights. If the transactions contemplated herein are not consummated, or following the occurrence of the termination of this Agreement with respect to all Parties, if applicable, nothing herein shall be construed as a waiver by any Party of any or all of such Party’s rights, remedies, claims, and defenses and the Parties expressly reserve any and all of their respective rights, remedies, claims and defenses.
Appears in 21 contracts
Samples: Confidentiality Agreement (National CineMedia, Inc.), Restructuring Support Agreement (Claires Stores Inc), Restructuring Support Agreement (Claires Stores Inc)
No Waiver of Participation and Preservation of Rights. If the transactions contemplated herein by the Plans are not consummated, consummated as provided therein or following the occurrence of the termination of if this Agreement with respect to all Parties, if applicableis terminated, nothing herein shall be construed herein as a waiver by any Party of any or all of such Party’s rights, remedies, claims, and defenses rights and the Parties expressly reserve any and all of their respective rights, remedies, claims rights and defensesremedies under applicable law and in equity.
Appears in 3 contracts
Samples: Backstop Commitment Agreement, Backstop Commitment Agreement (AbitibiBowater Inc.), Backstop Commitment Agreement (AbitibiBowater Inc.)
No Waiver of Participation and Preservation of Rights. If the transactions contemplated herein are not consummated, or following Following the occurrence of the termination of this Agreement with respect to all Parties, if applicable, nothing herein shall be construed as a waiver by any Party of any or all of such Party’s rights, remedies, claims, and defenses and the Parties expressly reserve any and all of their respective rights, remedies, claims claims, and defenses.
Appears in 2 contracts
Samples: Settlement and Forbearance Agreement, Settlement and Forbearance Agreement (CAESARS ENTERTAINMENT Corp)
No Waiver of Participation and Preservation of Rights. If the transactions contemplated herein are not consummated, consummated or following the occurrence of the termination of this Agreement with respect to all Parties, if applicable, nothing herein shall be construed as a waiver by any Party of any or all of such Party’s rights, remedies, claims, and defenses and the Parties expressly reserve any and all of their respective rights, remedies, claims and defenses.
Appears in 1 contract
Samples: Reorganization Agreement (CorEnergy Infrastructure Trust, Inc.)
No Waiver of Participation and Preservation of Rights. If (a) Except as expressly provided herein and subject to the transactions contemplated herein are not consummated, or following the occurrence of the termination of this Agreement with respect to all Parties, if applicablehereby, nothing herein shall be construed as a waiver by any Party of any or all of such Party’s rights, remedies, claims, and defenses or any waiver of any rights such Party may have under any subordination or intercreditor agreement, and the Parties expressly reserve any and all of their respective rights, remedies, claims claims, and defenses.
Appears in 1 contract
Samples: Restructuring Support Agreement (Cano Health, Inc.)
No Waiver of Participation and Preservation of Rights. If In the transactions contemplated herein are not consummated, or following the occurrence of the termination of event that this Agreement with respect to all Parties, if applicableis not authorized by the Court or is terminated, nothing herein in this Agreement shall be construed as a waiver by any Party party hereto of any or all of such Partyparty’s rights, remedies, claimsclaims or defenses, and defenses and the Parties parties hereto expressly reserve any and all of their respective rights, remedies, claims and defenses.
Appears in 1 contract
Samples: Settlement Agreement
No Waiver of Participation and Preservation of Rights. If the transactions contemplated herein are not consummated, or following the occurrence of the termination of this Agreement with respect to all PartiesAgreement, if applicable, nothing herein shall be construed as a waiver by any Party of any or all of such Party’s rights, remedies, claims, and defenses and the Parties expressly reserve any and all of their respective rights, remedies, claims and defenses.
Appears in 1 contract
Samples: Restructuring Support and Forbearance Agreement (CAESARS ENTERTAINMENT Corp)