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

No Waiver of Participation and Reservation of Rights. Except as expressly provided in this Agreement and in any amendment among the Parties, nothing herein is intended to, or does, in any manner waive, limit, impair or restrict the ability of each of the Parties to protect and preserve its rights, remedies and interests, including without limitation, its claims against any of the other Parties (or their respective affiliates or subsidiaries) or its full participation in the Chapter 11 Cases. If the transactions contemplated by this Agreement or in the Foamex Plan are not consummated, or if this Agreement is terminated for any reason, the Parties fully reserve any and all of their rights.

Appears in 3 contracts

Samples: Plan Support Agreement (D. E. Shaw Laminar Portfolios, L.L.C.), Plan Support Agreement (Foamex International Inc), Plan Support Agreement (Goldman Sachs Group Inc/)

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No Waiver of Participation and Reservation of Rights. Except as expressly provided in this Agreement and in any amendment among the PartiesParties made in accordance herewith, nothing herein is intended to, or does, in any manner manner, waive, limit, impair impair, or restrict the ability of each of the Parties to protect and preserve its rights, remedies remedies, and interests, including including, without limitation, its claims against any of the other Parties (or their respective affiliates or subsidiaries) or its full participation in the Chapter 11 Bankruptcy Cases. If the transactions contemplated by this Agreement or in the Foamex Plan are not consummated, or if this Agreement is terminated for any reason, the Parties fully reserve any and all of their rights.

Appears in 1 contract

Samples: Plan Support Agreement (Triangle Petroleum Corp)

No Waiver of Participation and Reservation of Rights. Except as expressly provided in this Agreement and in any amendment among the PartiesAgreement, nothing herein is intended to, or nor does, in any manner waive, limit, impair impair, or restrict any right of (a) the ability of Non-Debtor Parties to protect and preserve their respective rights, remedies and interests, including without limitation, their respective claims, if any, against the Company or each of other; and (b) the Parties Company to protect and preserve its rights, remedies and interests, including without limitation, its claims claims, if any, against any of the other Parties (or their respective affiliates or subsidiaries) or its full participation in the Chapter 11 Cases. If the transactions contemplated by this Agreement or in the Foamex Plan are not consummated, or if this Agreement is terminated for any reason, the Parties fully reserve any and all of their rightsNon-Debtor Parties.

Appears in 1 contract

Samples: Restructuring Support Agreement (IMH Financial Corp)

No Waiver of Participation and Reservation of Rights. Except as expressly provided in this Agreement and in any amendment among the Parties, nothing herein is intended to, or does, in any manner waive, limit, impair or restrict the ability of each of the Parties to protect and preserve its rights, remedies and interests, including without limitation, its claims and causes of action, if any, against any of the other Parties (or their respective affiliates or subsidiaries) or its full participation in the Chapter 11 CasesCase. If the transactions contemplated by this Agreement or in the Foamex Plan are not consummated, or if this Agreement is terminated for any reason, the Parties fully reserve any and all of their rights.

Appears in 1 contract

Samples: Plan Support Agreement (Franklin Credit Holding Corp/De/)

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No Waiver of Participation and Reservation of Rights. Except as expressly provided in this Agreement and in any amendment among the Parties, nothing herein is intended to, or does, in any manner waive, limit, impair or restrict the ability of each of the Parties to protect and preserve its rights, remedies and interests, including without limitation, its claims against any of the other Parties (or their respective affiliates or subsidiaries) or its full participation in the Chapter 11 CasesCase. If the transactions contemplated by this Agreement or in the Foamex Plan are not consummated, or if this Agreement is terminated for any reason, the Parties fully reserve any and all of their rights.

Appears in 1 contract

Samples: Plan Support Agreement (Apex Silver Mines LTD)

No Waiver of Participation and Reservation of Rights. Except as expressly provided in this Agreement and in any amendment among the Partiesparties, nothing herein is intended to, or does, in any manner waive, limit, impair impair, or restrict the ability of each of the Parties to protect and preserve preserve, its rights, remedies remedies, and interests, including including, without limitation, its claims against any of the other Parties (or their respective affiliates or subsidiaries) or its full participation in the Chapter 11 Cases). If the transactions contemplated by this Agreement or in the Foamex Plan are not consummated, or if this Agreement is terminated for any reason, the Parties fully reserve any and all of their rightsrights remedies, or interests.

Appears in 1 contract

Samples: Plan Support Agreement (General Maritime Corp / MI)

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