Prior Negotiations; Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior negotiations with respect to the subject matter hereof, except that the parties hereto acknowledge that any confidentiality agreements heretofore executed among the parties shall continue in full force and effect.
Appears in 6 contracts
Samples: Subscription and Standby Commitment Agreement (Westpoint International Inc), Subscription and Standby Commitment Agreement (Westpoint International Inc), Subscription and Standby Commitment Agreement (American Real Estate Partners L P)
Prior Negotiations; Entire Agreement. This Agreement constitutes the entire agreement of the parties Parties, and supersedes all other prior negotiations negotiations, with respect to the subject matter hereofhereof and thereof, except that the parties hereto Parties acknowledge that any confidentiality agreements (if any) heretofore executed among between the parties Company and the Supporting Public Entity shall continue in full force and effect.
Appears in 5 contracts
Samples: Plan Support Agreement (PACIFIC GAS & ELECTRIC Co), Plan Support Agreement (PACIFIC GAS & ELECTRIC Co), Plan Support Agreement (PACIFIC GAS & ELECTRIC Co)
Prior Negotiations; Entire Agreement. This Agreement Agreement, including the exhibits and schedules hereto, constitutes the entire agreement of the parties Parties, and supersedes all other prior negotiations negotiations, with respect to the subject matter hereof, except that the parties hereto Parties acknowledge that any confidentiality agreements (if any) heretofore executed among between the parties Company and any Supporting Party shall continue in full force and effect.
Appears in 4 contracts
Samples: Restructuring Support Agreement (Nuverra Environmental Solutions, Inc.), Restructuring Support Agreement (RCS Capital Corp), Restructuring Support Agreement (American Apparel, Inc)
Prior Negotiations; Entire Agreement. This Agreement Agreement, including the exhibits and schedules hereto (including the Term Sheet) constitutes the entire agreement of the parties Parties, and supersedes all other prior negotiations negotiations, with respect to the subject matter hereofhereof and thereof, except that the parties hereto Parties acknowledge that any confidentiality agreements (if any) heretofore executed among between the parties Company and each Consenting Term Lender shall continue in full force and effect.
Appears in 4 contracts
Samples: Restructuring Support Agreement, Restructuring Support Agreement (DITECH HOLDING Corp), Restructuring Support Agreement (Walter Investment Management Corp)
Prior Negotiations; Entire Agreement. This Agreement constitutes and the Term Sheet constitute the entire agreement of the parties and supersedes all prior negotiations agreements, arrangements or understandings, whether written or oral, between the parties with respect to the subject matter hereofof this Agreement, except that the parties hereto acknowledge that any confidentiality agreements heretofore executed among the parties shall will continue in full force and effect.
Appears in 4 contracts
Samples: Backstop Loan Commitment Agreement (Tembec Industries Inc), Backstop Loan Commitment Agreement (Tembec Inc), Backstop Loan Commitment Agreement (Tembec Inc)
Prior Negotiations; Entire Agreement. This Agreement Agreement, including any exhibits and schedules hereto, constitutes the entire agreement of the parties Parties, and supersedes all other prior negotiations and agreements, with respect to the subject matter hereof, except that the parties hereto Parties acknowledge that any confidentiality agreements (if any) heretofore executed among between the parties Company and any Supporting Noteholder shall continue in full force and effect.
Appears in 3 contracts
Samples: Restructuring Support Agreement (Ion Geophysical Corp), Restructuring Support Agreement (Ion Geophysical Corp), Restructuring Support Agreement (Ion Geophysical Corp)
Prior Negotiations; Entire Agreement. This Agreement constitutes the entire agreement of the parties Parties, and supersedes all other prior negotiations negotiations, with respect to the subject matter hereof, except that the parties hereto Parties acknowledge that any confidentiality agreements heretofore executed among between the parties Company and each Consenting Holder shall continue in full force and effect.
Appears in 2 contracts
Samples: Restructuring & Lockup Agreement (Pliant Corp), Plan Support and Lock Up Agreement (Energy Partners LTD)
Prior Negotiations; Entire Agreement. This Agreement Agreement, including the exhibits and schedules hereto, constitutes the entire agreement of the parties Parties, and supersedes all other prior negotiations negotiations, with respect to the subject matter hereof, except that the parties hereto Parties acknowledge that any confidentiality agreements heretofore executed among between the parties Company and each Consenting Holder shall continue in full force and effect.
Appears in 2 contracts
Samples: Restructuring and Lock Up Agreement, Restructuring and Lock Up Agreement (Caraustar Industries Inc)
Prior Negotiations; Entire Agreement. This Agreement Agreement, including the exhibits and schedules hereto, constitutes the entire agreement of the parties Parties, and supersedes all other prior negotiations negotiations, with respect to the subject matter hereof, except that the parties hereto Parties acknowledge that any confidentiality agreements (if any) heretofore executed among between the parties Company and any Supporting Noteholder shall continue in full force and effect.
Appears in 2 contracts
Samples: Restructuring Support Agreement (Nuverra Environmental Solutions, Inc.), Restructuring Support Agreement
Prior Negotiations; Entire Agreement. This Agreement Agreement, including the exhibits and schedules hereto, constitutes the entire agreement of the parties Parties, and supersedes all other prior negotiations negotiations, with respect to the subject matter hereof, except that the parties hereto Parties acknowledge that any confidentiality agreements (if any) heretofore executed among between the parties shall Company and each Initial Consenting Lender will continue in full force and effecteffect in accordance with the terms thereof.
Appears in 1 contract
Prior Negotiations; Entire Agreement. This Agreement Agreement, including the exhibits and schedules hereto, constitutes the entire agreement of the parties Parties, and supersedes all other prior negotiations (whether written, verbal or otherwise), with respect to the subject matter hereofhereof and thereof, except that the parties hereto Parties acknowledge that any confidentiality agreements agreement and/or non-disclosure agreement (if any) heretofore executed among between the parties Company and any Consenting Party shall continue in full force and effecteffect in accordance with its terms.
Appears in 1 contract
Samples: Plan Support Agreement (Midstates Petroleum Company, Inc.)
Prior Negotiations; Entire Agreement. This Agreement Agreement, including the exhibits and schedules hereto (including the Joint Plan), constitutes the entire agreement of the parties Parties, and supersedes all other prior negotiations negotiations, with respect to the subject matter hereof, except that the parties hereto Parties acknowledge that any confidentiality agreements (if any) heretofore executed among between the parties Company and each Consenting Lender shall continue in full force and effect.
Appears in 1 contract
Samples: Restructuring Support Agreement (GSE Holding, Inc.)
Prior Negotiations; Entire Agreement. This Agreement constitutes the entire agreement of the parties Parties, and supersedes all other prior negotiations negotiations, with respect to the subject matter hereofhereof and thereof, except that the parties hereto Parties acknowledge that any confidentiality agreements (if any) heretofore executed among between the parties Company and the Supporting Public Entities shall continue in full force and effect.
Appears in 1 contract
Prior Negotiations; Entire Agreement. This Agreement Agreement, including the exhibits and schedules hereto, constitutes the entire agreement of the parties Parties and supersedes all other prior negotiations negotiations, with respect to the subject matter hereofhereof and thereof, except that the parties hereto Parties acknowledge that any confidentiality agreements (if any) heretofore executed among between the parties Company and each Supporting Creditor shall continue in full force and effect.
Appears in 1 contract
Prior Negotiations; Entire Agreement. This Agreement Agreement, including any Exhibits and schedules hereto, constitutes the entire agreement of the parties Parties, and supersedes all other prior negotiations and agreements, with respect to the subject matter hereof, except that the parties hereto Parties acknowledge that any confidentiality agreements (if any) heretofore executed among between the parties Obligors and any Supporting Noteholder shall continue in full force and effect.
Appears in 1 contract
Samples: Restructuring Support Agreement (Exela Technologies, Inc.)
Prior Negotiations; Entire Agreement. This Agreement Agreement, including the exhibits and schedules hereto constitutes the entire agreement of the parties Parties, and supersedes all other prior negotiations negotiations, with respect to the subject matter hereofhereof and thereof, except that the parties hereto Parties acknowledge that any confidentiality agreements (if any) heretofore executed among between the parties Company and each Supporting Creditor shall continue in full force and effect.
Appears in 1 contract
Samples: Restructuring Support Agreement (Ion Geophysical Corp)
Prior Negotiations; Entire Agreement. This Agreement constitutes the entire agreement of the parties Parties, and supersedes all other prior negotiations negotiations, with respect to the subject matter hereof, except that the parties hereto Parties acknowledge that any confidentiality agreements heretofore executed among between the parties shall Company and any Consenting Support Party (or any advisor thereto) will continue in full force and effecteffect in accordance with the terms thereof.
Appears in 1 contract
Prior Negotiations; Entire Agreement. This Agreement constitutes the entire agreement of the parties Parties and supersedes all prior negotiations with respect to the subject matter hereof, except that the parties hereto Parties acknowledge that any confidentiality agreements heretofore executed among the parties Parties and the Plan Support Agreement shall continue in full force and effecteffect in accordance with their respective terms.
Appears in 1 contract
Samples: Election and Subscription Agreement (Curative Health Services Inc)
Prior Negotiations; Entire Agreement. This Agreement Agreement, including the exhibits and schedules hereto (including the Term Sheet) constitutes the entire agreement of the parties Parties, and supersedes all other prior negotiations negotiations, with respect to the subject matter hereofhereof and thereof, except that the parties hereto Parties acknowledge that any confidentiality agreements (if any) heretofore executed among between the parties Company Parties and each Consenting First Lien Lender shall continue in full force and effect.
Appears in 1 contract
Samples: Restructuring Support Agreement (Fusion Connect, Inc.)
Prior Negotiations; Entire Agreement. This Agreement constitutes (including the agreements attached as Exhibits, Annexes or Schedules to and the documents and instruments referred to in this Agreement) and the other Transaction Agreements constitute the entire agreement of the parties Parties and supersedes supersede all prior negotiations agreements, arrangements or understandings, whether written or oral, among the Parties with respect to the subject matter hereofof this Agreement, except that the parties Parties hereto acknowledge that any confidentiality agreements heretofore executed among the parties shall Parties will continue in full force and effect.
Appears in 1 contract
Samples: Backstop Agreement (Energy Future Competitive Holdings Co LLC)