Common use of No Waiver of Participation and Preservation of Rights Clause in Contracts

No Waiver of Participation and Preservation of Rights. (a) For the avoidance of doubt, nothing in this Agreement shall limit any rights of any Party, subject to applicable law and the agreements contained in any Definitive Document to (a) initiate, prosecute, appear, or participate as a party in interest in any contested matter or adversary proceeding to be adjudicated in the Chapter 11 Cases so long as such initiation, prosecution, appearance or participation and the position advocated in connection therewith are not inconsistent with this Agreement or the Definitive Documents, (b) object to any motion to approve or confirm, as applicable, any other plan of reorganization, sale transaction, or any motion related thereto filed in the Chapter 11 Cases, to the extent the terms of any such motions, plans or transactions are inconsistent with this Agreement or any Definitive Document, (c) appear as a party in interest in the Chapter 11 Cases for the purpose of contesting whether any matter of fact is or results in a breach of, or is inconsistent in any material respect with this Agreement or any Definitive Document, and (d) file a proof of claim, if required. (b) Except as provided in any Definitive Document, nothing herein or therein is intended to, does or shall be deemed in any manner to, waive, limit, impair or restrict the ability of any Party to protect and preserve its rights, remedies and interests, including Claims against the Company. Without limiting the foregoing in any way, if this Agreement is terminated in accordance with it terms for any reason, each Party fully reserves any and all of its respective rights, remedies and interests.

Appears in 2 contracts

Samples: Restructuring Support Agreement (Vivus Inc), Restructuring Support Agreement (Vivus Inc)

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No Waiver of Participation and Preservation of Rights. (a) For the avoidance of doubt, nothing in this Agreement shall limit any rights of any Party, subject to applicable law and the agreements contained in any Definitive Document Restructuring Document, to (a) initiate, prosecute, appear, or participate as a party in interest in any contested matter or adversary proceeding to be adjudicated in the Chapter 11 Cases so long as such initiation, prosecution, appearance or participation and the position positions advocated in connection therewith are not inconsistent with this Agreement or the Definitive Restructuring Documents, (b) object to any motion to approve or confirm, as applicable, any other plan of reorganization, sale transaction, or any motion motions related thereto filed in the Chapter 11 Cases, to the extent that the terms of any such motions, plans or transactions are inconsistent with this Agreement or any Definitive Restructuring Document, (c) appear as a party in interest in the Chapter 11 Cases for the purpose of contesting whether any matter of or fact is or results in a breach of, or is inconsistent in any material respect with this Agreement or with, any Definitive Restructuring Document, and (d) file a proof of claim, if required. (b) . Except as provided in any Definitive Restructuring Document, nothing herein or therein is intended to, does or shall be deemed in any manner to, waive, limit, impair or restrict the ability of any Party to protect and preserve its rights, remedies and interests, including Claims against any of the CompanyDebtors, or liens or security interests it may have in any assets of any of the Debtors. Without limiting the foregoing in any way, if this Agreement is terminated in accordance with it its terms for any reason, each Party fully reserves any and all of its respective rights, remedies and interests.

Appears in 1 contract

Samples: Restructuring Support Agreement (Quorum Health Corp)

No Waiver of Participation and Preservation of Rights. (a) For the avoidance of doubt, nothing in this Agreement shall (A) limit any rights of any Party, subject to applicable law and the agreements contained in any Definitive Document Restructuring Document, to (a) initiate, prosecute, appear, or participate as a party in interest in any contested matter or adversary proceeding to be adjudicated in the Chapter 11 Cases so long as such initiation, prosecution, appearance appearance, or participation and the position positions advocated in connection therewith are not inconsistent with this Agreement or the Definitive Restructuring Documents, (b) enforce this Agreement or any Definitive Restructuring Document or contest whether any matter, fact, or thing is a breach of, or is inconsistent with, this Agreement or any Definitive Restructuring Document, (c) object to any motion to approve or confirm, as applicable, any other plan of reorganization, sale transaction, or any motion motions related thereto filed in the Chapter 11 Cases, to the extent that the terms of any such motions, plans or transactions are inconsistent with this Agreement or any Definitive Restructuring Document, (cd) appear as a party in interest in the Chapter 11 Cases for the purpose of contesting whether any matter of or fact is or results in a breach of, or is inconsistent in any material respect with with, this Agreement or any Definitive Restructuring Document, and (de) file a proof of claim, if required. , or (bB) require any Party to waive or forego the benefit of any applicable legal professional privilege. Except as provided in any Definitive Restructuring Document, nothing herein or therein is intended to, does or shall be deemed in any manner to, waive, limit, impair impair, or restrict the ability of any Party to protect and preserve (but not enforce) its rightsrights (including under this Agreement), remedies remedies, and interests, including Claims against any of the CompanyCompany Parties, or liens or security interests it may have in any assets of any of the Company Parties. Without limiting the foregoing in any way, if this Agreement is terminated in accordance with it its terms for any reason, each Party fully reserves any and all of its respective rights, remedies and interests.

Appears in 1 contract

Samples: Restructuring Support Agreement (Pyxus International, Inc.)

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No Waiver of Participation and Preservation of Rights. (a) For the avoidance of doubt, nothing in this Agreement shall limit any rights of any Party, subject to applicable law and the agreements contained in any Definitive Document to (a) initiate, prosecute, appear, or participate as a party in interest in any contested matter or adversary proceeding to be adjudicated in the Chapter 11 Cases so long as such initiation, prosecution, appearance or participation and the position advocated in connection therewith are is not inconsistent with this Agreement or the Definitive Documents, (b) object to any motion to approve or confirm, as applicable, any other plan of reorganization, sale transaction, or any motion related thereto filed in the Chapter 11 Cases, to the extent the terms of any such motions, plans or transactions are inconsistent with this Agreement or any Definitive Document, (c) appear as a party in interest in the Chapter 11 Cases for the purpose of contesting whether any matter of fact is or results in a breach of, or is inconsistent in any material respect with this Agreement or any Definitive Document, and (d) file a proof of claim, if required. (b) Except as provided in any Definitive Document, nothing herein or therein is intended to, does or shall be deemed in any manner to, waive, limit, impair or restrict the ability of any Party to protect and preserve its rights, remedies and interests, including Claims against the Company. Without limiting the foregoing in any way, if this Agreement is terminated in accordance with it its terms for any reason, each Party fully reserves any and all of its respective rights, remedies and interests.

Appears in 1 contract

Samples: Restructuring Support Agreement (Sunlight Financial Holdings Inc.)

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