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

No Waiver of Participation and Preservation of Rights. Except as provided in this Agreement, nothing herein is intended to, does, or shall be deemed in any manner to waive, limit, impair, or restrict the ability of each of the Consenting Noteholders to (i) protect and preserve its rights, remedies, and interests, including, but not limited to, its claims against any other Party and any liens or security interests it may have in any assets of the Partnership, (ii) purchase, sell or enter into any transactions in connection with the Notes, subject to the restrictions provided for herein in respect of such Transfers, (iii) enforce any right under the Notes Indenture, or the Forbearance Agreement, subject to the terms hereof, (iv) consult with other Consenting Noteholders, other holders of Notes, the Partnership or any other Transaction Party, or (v) enforce any right, remedy, condition, consent or approval requirement under this Agreement or in any of the Definitive Documents. Without limiting the foregoing sentence in any way, if this Agreement is terminated in accordance with its terms for any reason (other than consummation of the Transaction), the Parties each fully and expressly reserve any and all of their respective rights, remedies, claims, defenses and interests, subject to Sections 7 and 8 in the case of any claim for breach of this Agreement arising prior to termination.

Appears in 2 contracts

Samples: Transaction Support Agreement, Transaction Support Agreement (Foresight Energy LP)

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No Waiver of Participation and Preservation of Rights. Except as provided in this Agreement, nothing herein is intended to, does, or shall be deemed in any manner to waive, limit, impair, or restrict the ability of each of the Consenting Noteholders to (i) protect and preserve its rights, remedies, and interests, including, but not limited to, its claims against any other Party and any liens or security interests it may have in any assets of the Partnership, (ii) purchase, sell or enter into any transactions in connection with the Notes, subject to the restrictions provided for herein in respect of such Transfers, (iii) enforce any right under the Notes Indenture, or the Forbearance Agreement, subject to the terms hereof, (iv) consult with other Consenting Noteholders, other holders of Notes, the Partnership or any other Transaction Party, or (v) enforce any right, remedy, condition, consent or approval requirement under this Agreement or in any of the Definitive Documents. Without limiting the foregoing sentence in any way, if this Agreement is terminated in accordance with its terms for any reason (other than consummation of the Transaction), the Parties each fully and expressly reserve any and all of their respective rights, remedies, claims, defenses and interests, subject to Sections 7 8 and 8 9 in the case of any claim for breach of this Agreement arising prior to termination.

Appears in 1 contract

Samples: Transaction Support Agreement (Foresight Energy LP)

No Waiver of Participation and Preservation of Rights. Except as provided in this Agreement, nothing herein is intended to, does, or shall be deemed in any manner to waive, limit, impair, or restrict the ability of each of the Consenting Noteholders Lenders to (i) protect and preserve its rights, remedies, and interests, including, but not limited to, its claims against any other Party and any liens or security interests it may have in any assets of the Partnership, (ii) purchase, sell or enter into any transactions in connection with the NotesDebt, subject to the restrictions provided for herein in respect of such Transfers, (iii) enforce any right under the Notes Indenture, or the Forbearance Credit Agreement, subject to the terms hereof, (iv) consult with other Consenting Noteholders, other holders of NotesLenders, the Partnership or any other Transaction Party, or (v) enforce any right, remedy, condition, consent or approval requirement under this Agreement or in any of the Definitive Documents. Without limiting the foregoing sentence in any way, if this Agreement is terminated in accordance with its terms for any reason (other than consummation of the Transaction), the Parties each fully and expressly reserve any and all of their respective rights, remedies, claims, defenses and interests, subject to Sections 7 8 and 8 9 in the case of any claim for breach of this Agreement arising prior to termination.

Appears in 1 contract

Samples: Transaction Support Agreement (Foresight Energy LP)

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No Waiver of Participation and Preservation of Rights. Except as provided in this Agreement, nothing herein is intended to, does, or shall be deemed in any manner to waive, limit, impair, or restrict the ability of each of the Consenting Noteholders Lenders to (i) protect and preserve its rights, remedies, and interests, including, but not limited to, its claims against any other Party and any liens or security interests it may have in any assets of the Partnership, (ii) purchase, sell or enter into any transactions in connection with the NotesDebt, subject to the restrictions provided for herein in respect of such Transfers, (iii) enforce any right under the Notes Indenture, or the Forbearance Credit Agreement, subject to the terms hereof, (iv) consult with other Consenting Noteholders, other holders of NotesLenders, the Partnership or any other Transaction Party, or (v) enforce any right, remedy, condition, consent or approval requirement under this Agreement or in any of the Definitive Documents. Without limiting the foregoing sentence in any way, if this Agreement is terminated in accordance with its terms for any reason (other than consummation of the Transaction), the Parties each fully and expressly reserve any and all of their respective rights, remedies, claims, defenses and interests, subject to Sections 7 and 8 in the case of any claim for breach of this Agreement arising prior to termination.

Appears in 1 contract

Samples: Transaction Support Agreement (Foresight Energy LP)

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