Prior Negotiations; Entire Agreement. (a) This Agreement (including the agreements attached as Exhibits to and the documents and instruments referred to in this Agreement) constitutes the entire agreement of the Parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, among the Parties with respect to the subject matter of this Agreement, except that the Parties hereto acknowledge that any confidentiality agreements heretofore executed among the Parties and the Restructuring Support and Lock-Up Agreement (including the Restructuring Term Sheet) will each continue in full force and effect.
Appears in 2 contracts
Samples: Investment Agreement (Seadrill LTD), Investment Agreement (North Atlantic Drilling Ltd.)
Prior Negotiations; Entire Agreement. (a) This Agreement (including the agreements attached as Exhibits to and the documents and instruments referred to in this Agreement) constitutes the entire agreement of the Parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, among the Parties with respect to the subject matter of this Agreement, except that the Parties hereto acknowledge that any confidentiality agreements heretofore executed between or among the Parties and the Restructuring Support and Lock-Up Agreement RSA (including the Restructuring Term Sheet) will each continue in full force and effecteffect in accordance with their terms.
Appears in 2 contracts
Samples: Backstop Commitment Agreement (Gulfmark Offshore Inc), Backstop Commitment Agreement
Prior Negotiations; Entire Agreement. (a) This Agreement (including the agreements attached as Exhibits to and the documents and instruments referred to in this Agreement) constitutes the entire agreement of the Parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, among the Parties with respect to the subject matter of this Agreement, except that the Parties hereto acknowledge that any confidentiality agreements heretofore executed among the Parties and the Restructuring Support and Lock-Up Agreement (including the Restructuring Term Sheet) will each continue in full force and effect.
Appears in 2 contracts
Samples: Restructuring Support Agreement (American Apparel, Inc), Equity Commitment Agreement (American Apparel, Inc)
Prior Negotiations; Entire Agreement. (a) This Agreement (including the agreements attached as Exhibits to and the documents and instruments referred to in this Agreement) constitutes and the Restructuring Support Agreement constitute the entire agreement of the Parties and supersedes supersede all prior agreements, arrangements or understandings, whether written or oral, among the Parties with respect to the subject matter of this Agreement, except that the Parties hereto acknowledge that any confidentiality agreements heretofore executed among the Parties and the Restructuring Support and Lock-Up Agreement (including the Restructuring Term Sheet) will each continue in full force and effect.
Appears in 2 contracts
Samples: Backstop Commitment Agreement (WUS Holding, L.L.C.), Backstop Commitment Agreement (Weatherford International PLC)
Prior Negotiations; Entire Agreement. (a) This Agreement (including the agreements attached as Exhibits to and the documents and instruments referred to in this Agreement) constitutes the entire agreement of the Parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, among the Parties with respect to the subject matter of this Agreement, except that the Parties hereto acknowledge that any confidentiality agreements heretofore executed among the Parties and the Restructuring Plan Support and Lock-Up Agreement (including the Restructuring Plan Term Sheet) will each continue in full force and effect.
Appears in 2 contracts
Samples: Backstop Commitment Agreement (Ultra Petroleum Corp), Backstop Commitment Agreement (Ultra Petroleum Corp)
Prior Negotiations; Entire Agreement. (a) This Agreement (including the agreements attached as Exhibits to and the documents and instruments referred to in this Agreement) constitutes the entire agreement of the Parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, among the Parties with respect to the subject matter of this Agreement, except that the Parties hereto acknowledge that any confidentiality agreements heretofore executed among the Parties and the Restructuring Support and Lock-Up Agreement (including the Restructuring Term Sheet) will each continue in full force and effect.
Appears in 1 contract
Samples: Equity Commitment Agreement
Prior Negotiations; Entire Agreement. (a) This Agreement (including the agreements attached as Exhibits Exhibits, Annexes or Schedules to and the documents and instruments referred to in this Agreement) constitutes and the other Transaction Agreements constitute the entire agreement of the Parties and supersedes supersede all prior agreements, arrangements or understandings, whether written or oral, among the Parties with respect to the subject matter of this Agreement, except that the Parties hereto acknowledge that any confidentiality agreements heretofore executed among the Parties and the Restructuring Support and Lock-Up Agreement (including the Restructuring Term Sheet) will each continue in full force and effect.
Appears in 1 contract
Samples: Backstop Agreement (Energy Future Competitive Holdings Co LLC)
Prior Negotiations; Entire Agreement. (a) This Agreement (including the agreements attached as Exhibits to and the documents and instruments referred to in this Agreement) constitutes the entire agreement of the Parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, among the Parties with respect to the subject matter of this Agreement, except that the Parties hereto acknowledge that any confidentiality agreements heretofore executed among any of the Parties and the Restructuring Support and Lock-Up Agreement (including the Restructuring Term Sheet) will each continue in full force and effect.
Appears in 1 contract
Samples: Unit Purchase and Support Agreement (Horsehead Holding Corp)
Prior Negotiations; Entire Agreement. (a) This Agreement (Agreement, including the agreements attached as Exhibits to and the documents and instruments referred to in this Agreement) Schedules, constitutes the entire agreement of the Parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, among the Parties with respect to the subject matter of this Agreementhereof and supersedes all other prior agreements (oral or written), negotiations and documents between and among the Parties (and their respective advisors) with respect to the subject matter hereof, except that the Parties hereto acknowledge that any confidentiality agreements (if any) heretofore executed among between the Parties Debtors and the Restructuring Support and Lock-Up Agreement (including the Restructuring Term Sheet) will each any Commitment Party shall continue in full force and effect.
Appears in 1 contract
Samples: Backstop and Private Placement Agreement (Diamond Offshore Drilling, Inc.)
Prior Negotiations; Entire Agreement. (a) This Agreement (including the agreements attached as Exhibits to and the documents and instruments referred to in this Agreement) constitutes and the Plan Support Agreement constitute the entire agreement of the Parties and supersedes supersede all prior agreements, arrangements or understandings, whether written or oral, among the Parties (or any subset thereof) with respect to the subject matter of this Agreement, except that the Parties hereto acknowledge that any confidentiality agreements heretofore executed among the Parties and the Restructuring Support and Lock-Up Agreement (including the Restructuring Term Sheet) will each continue in full force and effect.
Appears in 1 contract
Samples: Equity Purchase and Commitment Agreement (Hertz Corp)
Prior Negotiations; Entire Agreement. (a) This Agreement (including the agreements Annexes and Schedules attached as Exhibits to and the documents and instruments referred to in this Agreement) constitutes and the Plan Support Agreement constitute the entire agreement of the Parties parties hereto and supersedes supersede all prior agreements, arrangements or understandings, whether written or oral, among the Parties parties hereto with respect to the subject matter of this Agreement, except that the Parties parties hereto acknowledge that any confidentiality agreements heretofore executed among the Parties and the Restructuring Support and Lock-Up Agreement (including the Restructuring Term Sheet) parties hereto will each continue in full force and effect.
Appears in 1 contract
Samples: Replacement Equity Backstop Commitment Agreement (Garrett Motion Inc.)
Prior Negotiations; Entire Agreement. (a) This Agreement (including the agreements Annexes and Schedules attached as Exhibits to and the documents and instruments referred to in this Agreement) constitutes ), the Plan Support Agreement and the Confidentiality Agreements constitute the entire agreement of the Parties parties hereto and supersedes supersede all prior agreements, arrangements or understandings, whether written or oral, among the Parties parties hereto with respect to the subject matter of this Agreement, except that the Parties parties hereto acknowledge that any confidentiality agreements heretofore executed among the Parties and the Restructuring Support and Lock-Up Agreement (including the Restructuring Term Sheet) parties hereto will each continue in full force and effect.
Appears in 1 contract
Samples: Equity Backstop Commitment Agreement (Garrett Motion Inc.)
Prior Negotiations; Entire Agreement. (a) This Agreement (including the agreements Schedules attached as Exhibits to hereto and the documents and instruments referred to in this Agreement) constitutes and the Restructuring Support Agreement constitute the entire agreement of the Parties and supersedes supersede all prior agreements, arrangements or understandings, whether written or oral, among the Parties with respect to the subject matter of this Agreement, except that the Parties hereto acknowledge that any confidentiality agreements heretofore executed among the Parties and the Restructuring Support and Lock-Up Agreement (including the Restructuring Term Sheet) will each continue in full force and effect.
Appears in 1 contract
Samples: Backstop Commitment Agreement (Avaya Holdings Corp.)
Prior Negotiations; Entire Agreement. (a) This Agreement (including the agreements attached as Exhibits to and the documents and instruments referred to in this Agreement) constitutes constitute the entire agreement of the Parties and supersedes supersede all prior agreements, arrangements or understandings, whether written or oral, among the Parties with respect to the subject matter of this Agreement, except that the Parties hereto acknowledge that any confidentiality agreements heretofore executed among the Parties and the Restructuring Support and Lock-Up Agreement (including the Restructuring Term Sheet) will each continue in full force and effect.
Appears in 1 contract
Samples: Backstop Commitment Agreement (Weatherford International PLC)
Prior Negotiations; Entire Agreement. (a) This Agreement (including the agreements attached as Exhibits to and the documents and instruments referred to in this Agreement) constitutes the entire agreement of the Parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, among the Parties with respect to the subject matter of this Agreement, except that the Parties hereto acknowledge that any confidentiality agreements Equity Commitment Party Confidentiality Agreements heretofore executed among the Parties and the Restructuring Support and Lock-Up Agreement (including the Restructuring Term Sheet) will each continue in full force and effect.
Appears in 1 contract