Parties' Rights and Obligations. 5.1 For the avoidance of doubt, the Consenting Creditors acknowledge that under the terms of Clause 10 (Variation and Waiver): (a) certain rights, amendments, waivers, or variations may be effected with the consent of such relevant percentage of Consenting Creditors, as agreed to between the Parties; and (b) no Consenting Creditor will be able to invoke a right that has otherwise been amended, waived or varied by such relevant percentage of Consenting Creditors. 5.2 The liability of the Consenting Creditors and the Backstop Parties for their obligations under this Agreement shall be several and not joint and extend only to any loss or damage arising out of their own breaches of this Agreement and any failure by a Consenting Creditor or a Backstop Party to perform its obligations under this Agreement shall not prejudice the rights and/or obligations of any other Consenting Creditor or other Backstop Party (as the case may be).
Appears in 6 contracts
Samples: Restructuring Support Agreement, Restructuring Support Agreement, Restructuring Support Agreement
