Reservation of Rights; No Admission. Subject to and except as expressly provided in this Agreement or in any amendment thereof agreed upon by the Parties pursuant to the terms hereof, 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 its claims against any of the other Parties (or their respective Affiliates or Subsidiaries). Without limiting the foregoing sentence in any way, if the Restructuring Transactions is not consummated, or if this Agreement is terminated for any reason, nothing in this Agreement shall be construed as a waiver by any Party of any or all of such Party’s rights, remedies, claims, and defenses, and the Parties expressly reserve any and all of their respective rights, remedies, claims, and defenses. This Agreement is part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties. Pursuant to Rule 408 of the Federal Rules of Evidence, any applicable state rules of evidence and any other Applicable Law, this Agreement and all negotiations relating thereto shall not be admissible into evidence in any proceeding other than a proceeding to enforce its terms. This Agreement shall in no event be construed as, or be deemed to be, evidence of an admission or concession on the part of any Party of any claim or fault or liability or damages whatsoever. Each of the Parties denies any and all wrongdoing or liability of any kind and does not concede any infirmity in the claims or defenses which it has asserted or could assert.
Appears in 5 contracts
Samples: Restructuring Support Agreement (Ion Geophysical Corp), Restructuring Support Agreement (Ion Geophysical Corp), Restructuring Support Agreement (Ion Geophysical Corp)
Reservation of Rights; No Admission. Subject to and except as expressly provided in this Agreement or in any amendment thereof agreed upon by the Parties pursuant to the terms hereof, 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 its claims against any of the other Parties (or their respective Affiliates or Subsidiaries). Without limiting the foregoing sentence in any way, if the Restructuring Transactions Transaction is not consummated, or if this Agreement is terminated for any reason, nothing in this Agreement shall be construed as a waiver by any Party of any or all of such Party’s rights, remedies, claims, and defenses, and the Parties expressly reserve any and all of their respective rights, remedies, claims, and defenses. This Agreement is part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties. Pursuant to Rule 408 of the Federal Rules of Evidence, any applicable state rules of evidence and any other Applicable Law, this Agreement and all negotiations relating thereto shall not be admissible into evidence in any proceeding other than a proceeding to enforce its terms. This Agreement shall in no event be construed as, or be deemed to be, evidence of an admission or concession on the part of any Party of any claim or fault or liability or damages whatsoever. Each of the Parties denies any and all wrongdoing or liability of any kind and does not concede any infirmity in the claims or defenses which it has asserted or could assert.
Appears in 4 contracts
Samples: Restructuring Support Agreement (Nuverra Environmental Solutions, Inc.), Restructuring Support Agreement (Nuverra Environmental Solutions, Inc.), Restructuring Support Agreement
Reservation of Rights; No Admission. Subject to and except as expressly provided in this Agreement or in any amendment thereof agreed upon by the Parties pursuant to the terms hereof, 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 its rights, remedies, remedies and interests, including its claims against any of the other Parties (or their respective Affiliates or Subsidiaries)subsidiaries) or its full participation in the Chapter 11 Cases. Without limiting the foregoing sentence in any way, if the Restructuring Transactions Transaction is not consummated, or if this Agreement is terminated for any reason, nothing in this Agreement shall be construed as a waiver by any Party of any or all of such Party’s rights, remedies, claims, claims and defenses, and the Parties expressly reserve any and all of their respective rights, remedies, claims, claims and defenses. This Agreement is part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties. Pursuant to Rule 408 of the Federal Rules of Evidence, any applicable state rules of evidence and any other Applicable Lawapplicable law, foreign or domestic, this Agreement and all negotiations relating thereto shall not be admissible into evidence in any proceeding other than a proceeding to enforce its terms. This Agreement shall in no event be construed as, or be deemed to be, evidence of an admission or concession on the part of any Party of any claim or fault or liability or damages whatsoever. Each of the Parties denies any and all wrongdoing or liability of any kind and does not concede any infirmity in the claims or defenses which it has asserted or could assert.
Appears in 3 contracts
Samples: Restructuring Support Agreement, Restructuring Support Agreement (RCS Capital Corp), Restructuring Support Agreement
Reservation of Rights; No Admission. Subject to and except (a) Except as expressly provided in this Agreement or in any amendment thereof agreed upon by the Parties pursuant to the terms hereofOut-of-Court Restructuring Term Sheet or Plan Term Sheet, nothing herein is intended to, or does, in any manner waive, limit, impair, or restrict the ability of each of the Parties any Party to protect and preserve its rights, remedies, remedies and interests, including its claims against any of the other Parties (or their respective Affiliates affiliates or Subsidiariessubsidiaries). .
(b) Without limiting the foregoing sentence clause (a) of this Section 19 in any way, if the Restructuring Out-of-Court Transactions is or Plan Transactions are not consummated, or if this Agreement is terminated for any reason, nothing in this Agreement herein shall be construed as a waiver by any Party of any or all of such Party’s rights, remedies, claims, claims and defenses, and the Parties expressly reserve any and all of their respective rights, remedies, claims, claims and defenses. This Agreement is part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties. Pursuant to Federal Rule of Evidence 408 of the Federal Rules of Evidence, any applicable state rules of evidence and any other Applicable Lawapplicable rules of evidence, this Agreement and all negotiations relating thereto hereto shall not be admissible into evidence in any proceeding other than a proceeding to enforce its terms. This Agreement Agreement, the Plan, and any related document shall in no event be construed as, as or be deemed to be, be evidence of an admission or concession on the part of any Party of any claim or fault or liability or damages whatsoever. Each of the Parties denies any and all wrongdoing or liability of any kind and does not concede any infirmity in the claims or defenses which it has asserted or could assert.
Appears in 1 contract
Samples: Restructuring Support Agreement (Pennsylvania Real Estate Investment Trust)
Reservation of Rights; No Admission. Subject to and except as expressly provided in this Agreement or in any amendment thereof agreed upon by the Parties pursuant to the terms hereof, 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 its claims against any of the other Parties (or their respective Affiliates or Subsidiaries). Without limiting the foregoing sentence in any way, if the Restructuring Exchange Transactions is not consummated, or if this Agreement is terminated for any reason, nothing in this Agreement shall be construed as a waiver by any Party of any or all of such Party’s rights, remedies, claims, and defenses, and the Parties expressly reserve any and all of their respective rights, remedies, claims, and defenses. This Agreement is part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties. Pursuant to Rule 408 of the Federal Rules of Evidence, any applicable state rules of evidence and any other Applicable Law, this Agreement and all negotiations relating thereto shall not be admissible into evidence in any proceeding other than a proceeding to enforce its terms. This Agreement shall in no event be construed as, or be deemed to be, evidence of an admission or concession on the part of any Party of any claim or fault or liability or damages whatsoever. Each of the Parties denies any and all wrongdoing or liability of any kind and does not concede any infirmity in the claims or defenses which it has asserted or could assert.
Appears in 1 contract
Samples: Restructuring Support Agreement (Exela Technologies, Inc.)
Reservation of Rights; No Admission. Subject (a) Nothing contained herein shall limit the ability of any Party to and except consult with other Parties so long as such consultation or appearance is consistent with such Party’s obligations hereunder.
(b) Except as expressly provided in this Agreement or in any amendment thereof agreed upon by the Parties pursuant to the terms hereofAgreement, 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 its claims Claims against any of the other Parties (or their respective Affiliates affiliates or Subsidiariessubsidiaries). Without limiting This Agreement, including the foregoing sentence in any wayTransaction Term Sheet, if the Restructuring Transactions is not consummated, or if this Agreement is terminated for any reason, nothing in this Agreement shall be construed as a waiver by any Party of any or all of such Party’s rights, remedies, claims, and defenses, and the Parties expressly reserve any and all of their respective rights, remedies, claims, and defenses. This Agreement is part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties. Pursuant to Rule 408 of the Federal Rules of Evidence, any applicable state rules of evidence Evidence and any other Applicable Lawapplicable rules of evidence, and any other applicable law, foreign or domestic, this Agreement and all negotiations relating thereto hereto shall not be admissible into evidence in any proceeding other than a proceeding to enforce its terms. This Agreement shall in no event be construed as, as or be deemed to be, be evidence of an admission or concession on the part of any Party of any claim or fault or liability or damages whatsoever. Each of the Parties denies any and all wrongdoing or liability of any kind and does not concede any infirmity in the claims or defenses which it has asserted or could assert.
Appears in 1 contract
Samples: Commitment and Transaction Support Agreement (Sunlight Financial Holdings Inc.)
Reservation of Rights; No Admission. Subject to and except Except as expressly provided in this Agreement or and in any amendment thereof agreed upon by among the Parties pursuant to the terms hereofTransaction Parties, nothing herein in this Agreement is intended to, or does, in any manner waive, limit, impair, impair or restrict the ability of each of the Transaction Parties to protect and preserve its rights, remedies, remedies and interests, including without limitation, its claims against any of the other Transaction Parties (or their respective Affiliates or Subsidiaries)subsidiaries) or its full participation in the Chapter 11 Cases. Without limiting the foregoing sentence Except as expressly provided in this Agreement and in any wayamendment among the Transaction Parties, if the Restructuring Transactions Plan Transaction is not consummated, or if this Agreement is terminated for any reason, nothing in this Agreement shall be construed as a waiver by any Party of any or all of such Party’s rights, remedies, claims, and defenses, and the Transaction Parties expressly fully reserve any and all of their respective rights, remedies, claims, and defenses. This Agreement is and the Restructuring Term Sheet are part of a proposed settlement of matters that could otherwise be the subject of litigation among the Partiesparties hereto. Pursuant to Rule 408 of the Federal Rules Rule of Evidence, any applicable state rules of evidence and any other Applicable Lawapplicable law, foreign or domestic, this Agreement and all negotiations relating thereto shall not be admissible into evidence in any proceeding other than a proceeding to enforce its terms. This Agreement shall in no event be construed as, as or be deemed to be, be evidence of an admission or concession on the part of any Transaction Party of any claim or fault or liability or damages whatsoever. Each of the Transaction Parties denies any and all wrongdoing or liability of any kind and does not concede any infirmity in the claims or defenses which it has asserted or could assert.
Appears in 1 contract
Samples: Restructuring Support Agreement
Reservation of Rights; No Admission. Subject to and except Except as expressly provided in this Agreement or in any amendment thereof agreed upon by the Parties pursuant to the terms hereof, 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 its rights, remedies, remedies and interests, including its claims against any of the other Parties (or their respective Affiliates affiliates or Subsidiaries)subsidiaries) or its full participation in the Chapter 11 Cases. Without limiting the foregoing sentence in any way, if the Restructuring Transactions Transaction is not consummated, or if this Agreement is terminated for any reason, nothing in this Agreement shall be construed as a waiver by any Party of any or all of such Party’s rights, remedies, claims, claims and defenses, and the Parties expressly reserve any and all of their respective rights, remedies, claims, claims and defenses. This Agreement is part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties. Pursuant to Rule 408 of the Federal Rules of Evidence, any applicable state rules of evidence and any other Applicable Lawapplicable law, foreign or domestic, this Agreement and all negotiations relating thereto shall not be admissible into evidence in any proceeding other than a proceeding to enforce its terms. This Agreement shall in no event be construed as, or be deemed to be, evidence of an admission or concession on the part of any Party of any claim or fault or liability or damages whatsoever. Each of the Parties denies any and all wrongdoing or liability of any kind and does not concede any infirmity in the claims or defenses which it has asserted or could assert.
Appears in 1 contract
Samples: Restructuring Support Agreement (American Apparel, Inc)
Reservation of Rights; No Admission. Subject to and except Except as expressly provided in this Agreement or and in any amendment thereof agreed upon by among the Parties pursuant to the terms hereofParties, 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 including, without limitation, its claims against any of the other Parties (or their respective Affiliates affiliates or Subsidiaries). Without limiting the foregoing sentence subsidiaries) or its full participation in any waybankruptcy case filed by the Company or any of its affiliates and subsidiaries. Except as expressly provided in this Agreement and in any amendment among the Parties, if the transactions contemplated by the Restructuring Transactions is Transaction are not consummated, or if this Agreement is terminated for any reason, nothing in this Agreement shall be construed as a waiver by any Party of any or all of such Party’s rights, remedies, claims, and defenses, and the Parties expressly fully reserve any and all of their respective rights, remedies, claims, and defenses. This Agreement is and the Joint Plan are part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties. Pursuant to Rule 408 of the Federal Rules Rule of Evidence, any applicable state rules of evidence and any other Applicable Lawapplicable law, foreign or domestic, this Agreement and all negotiations relating thereto shall not be admissible into evidence in any proceeding other than a proceeding to enforce its terms. This Agreement shall in no event be construed as, as or be deemed to be, be evidence of an admission or concession on the part of any Party of any claim or fault or liability or damages whatsoever. Each of the Parties denies any and all wrongdoing or liability of any kind and does not concede any infirmity in the claims or defenses which it has asserted or could assert.
Appears in 1 contract
Samples: Restructuring Support Agreement (GSE Holding, Inc.)
Reservation of Rights; No Admission. (a) Subject to those certain confidentiality agreements entered into between the Company and except each Consenting Stakeholder (as applicable), nothing contained herein shall limit the ability of any Party to consult with other Parties so long as such consultation or appearance is consistent with such Party’s obligations hereunder.
(b) Except as expressly provided in this Agreement or in any amendment thereof agreed upon by the Parties pursuant to the terms hereofAgreement, 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 its claims Claims against any of the other Parties (or their respective Affiliates or Subsidiariessubsidiaries). Without limiting This Agreement, including the foregoing sentence in any wayTransaction Term Sheet, if the Restructuring Transactions is not consummated, or if this Agreement is terminated for any reason, nothing in this Agreement shall be construed as a waiver by any Party of any or all of such Party’s rights, remedies, claims, and defenses, and the Parties expressly reserve any and all of their respective rights, remedies, claims, and defenses. This Agreement is part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties. Pursuant to Rule 408 of the Federal Rules of Evidence, any applicable state without prejudice rules of evidence under English law, and any other Applicable Lawapplicable rule, statute, or doctrine of similar import protecting the use or disclosure of confidential settlement discussions, this Agreement and all negotiations relating thereto hereto shall not be admissible into evidence in any proceeding other than a proceeding to enforce its terms. This Agreement shall in no event be construed as, as or be deemed to be, be evidence of an admission or concession on the part of any Party of any claim or fault or liability or damages whatsoever. Each of the Parties denies any and all wrongdoing or liability of any kind and does not concede any infirmity in the claims or defenses which it has asserted or could assert.
Appears in 1 contract
Reservation of Rights; No Admission. Subject to and except as expressly provided in this Agreement or in any amendment thereof agreed upon by the Parties pursuant to the terms hereof, 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 its claims against any of the other Parties (or their respective Affiliates affiliates or Subsidiariessubsidiaries). Without limiting the foregoing sentence in any way, if the Restructuring Transactions is not consummated, or if this Agreement is terminated for any reason, nothing in this Agreement shall be construed as a waiver by any Party of any or all of such Party’s rights, remedies, claims, and defenses, and the Parties expressly reserve any and all of their respective rights, remedies, claims, and defenses. This Agreement is part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties. Pursuant to Rule 408 of the Federal Rules of Evidence, any applicable state rules of evidence and any other Applicable Law, this Agreement and all negotiations relating thereto shall not be admissible into evidence in any proceeding other than a proceeding to enforce its terms. This Agreement shall in no event be construed as, or be deemed to be, evidence of an admission or concession on the part of any Party of any claim or fault or liability or damages whatsoever. Each of the Parties denies any and all wrongdoing or liability of any kind and does not concede any infirmity in the claims or defenses which it has asserted or could assert.
Appears in 1 contract
Samples: Restructuring Support Agreement (Ion Geophysical Corp)