Common use of Revocation or Withdrawal of the Plan Clause in Contracts

Revocation or Withdrawal of the Plan. The Debtors reserve the right, subject to the Restructuring Support Agreements, to revoke or withdraw the Plan prior to the Confirmation Date and to file subsequent plans of reorganization. If the Debtors revoke or withdraw the Plan, then: (1) the Plan shall be null and void in all respects; (2) any settlement or compromise embodied in the Plan (including the fixing or limiting to an amount certain of any Claim or Class of Claims), assumption or rejection of Executory Contracts or Unexpired Leases effected under the Plan, and any document or agreement executed pursuant to the Plan, shall be deemed null and void; and (3) nothing contained in the Plan or Disclosure Statement shall: (a) constitute a waiver or release of any claims held by the Debtor, Claims, Interests, or Causes of Action; (b) prejudice in any manner the rights of the Debtors or any other Entity; or (c) constitute an admission, acknowledgement, offer, or undertaking of any sort by the Debtors or any other Entity.

Appears in 4 contracts

Samples: Call Right Agreement (CAESARS ENTERTAINMENT Corp), Indenture (CAESARS ENTERTAINMENT Corp), Agreement (CAESARS ENTERTAINMENT Corp)

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Revocation or Withdrawal of the Plan. The Debtors reserve the right, subject to the Restructuring Support Agreements, right to revoke or withdraw the Plan prior to the Confirmation Date and to file subsequent plans of reorganizationDate. If the Debtors revoke or withdraw the Plan, then: in accordance with the preceding sentence, or if Confirmation and Consummation do not occur, then (1i) the Plan shall be null and void in all respects; (2ii) any settlement or compromise embodied in the Plan (including the fixing or limiting to an amount certain of any Claim or Interest or Class of ClaimsClaims or Interests), assumption or rejection of Executory Contracts or Unexpired Leases effected under by the Plan, and any document or agreement executed pursuant to the Plan, shall be deemed null and void; and (3iii) nothing contained in the Plan or Disclosure Statement shall: shall (a) constitute a waiver or release of any claims held by the Debtor, Claims, Claims or Interests, or Causes of Action; (b) prejudice in any manner the rights of the Debtors or any other Entity; , including the Holders of Claims or the non-Debtor subsidiaries, or (c) constitute an admission, acknowledgement, offer, or undertaking of any sort by the Debtors or any other Entity, including the non-Debtor subsidiaries.

Appears in 2 contracts

Samples: Plan Support Agreement (Hertz Corp), Plan Support Agreement (Hertz Corp)

Revocation or Withdrawal of the Plan. The Debtors reserve the right, subject to the Restructuring Support Agreements, right to revoke or withdraw the Plan prior to the Confirmation Effective Date and to file subsequent plans of reorganization, in each case, with the consent of the Consenting Noteholders. If the Debtors revoke or withdraw the Plan, or if Confirmation or Consummation does not occur, then: (1) the Plan shall be null and void in all respects; (2) any settlement or compromise embodied in the Plan (including the fixing or limiting to an amount certain of any Claim or Equity Interest or Class of ClaimsClaims or Equity Interests), assumption or rejection of Executory Contracts or Unexpired Leases effected under by the Plan, and any document or agreement executed pursuant to the Plan, shall be deemed null and void; and (3) nothing contained in the Plan or Disclosure Statement shall: (a) constitute a waiver or release of any claims held Claims or Equity Interests by or against the Debtor, Claims, Interests, Debtors or Causes of Actionany other party in interest; (b) prejudice in any manner the rights of the Debtors such Debtor or any other Entity; or (c) constitute an admission, acknowledgement, offer, or undertaking of any sort by the Debtors such Debtor or any other Entity.

Appears in 2 contracts

Samples: Restructuring and Lock Up Agreement (Constar International Inc), Restructuring and Lock Up Agreement

Revocation or Withdrawal of the Plan. The Debtors reserve the right, subject to the Restructuring Support Agreements, right to revoke or withdraw the Plan prior to the Confirmation Effective Date and to file subsequent plans of reorganization, in each case, with the consent of the Consenting Noteholders. If the Debtors revoke or withdraw the Plan, or if Confirmation or Consummation does not occur, then: (1) the Plan shall be null and void in all respects; (2) any settlement or compromise embodied in the Plan (including the fixing or limiting to an amount certain of any 53 US1DOCS 7783787v8 Claim or Equity Interest or Class of ClaimsClaims or Equity Interests), assumption or rejection of Executory Contracts or Unexpired Leases effected under by the Plan, and any document or agreement executed pursuant to the Plan, shall be deemed null and void; and (3) nothing contained in the Plan or Disclosure Statement shall: (a) constitute a waiver or release of any claims held Claims or Equity Interests by or against the Debtor, Claims, Interests, Debtors or Causes of Actionany other party in interest; (b) prejudice in any manner the rights of the Debtors such Debtor or any other Entity; or (c) constitute an admission, acknowledgement, offer, or undertaking of any sort by the Debtors such Debtor or any other Entity.

Appears in 1 contract

Samples: Note Purchase Agreement

Revocation or Withdrawal of the Plan. The Debtors reserve the right, subject to with the consent of the DIP Lenders and the Restructuring Support AgreementsParties, to revoke or withdraw the this Plan prior to before the Confirmation Date and to file subsequent plans of reorganizationchapter 11 plans. If the Debtors revoke or withdraw the Plan, or if Confirmation or Consummation does not occur with respect to the Plan, then: (1a) the Plan shall will be null and void in all respects; (2b) any settlement or compromise embodied in the Plan (including the fixing or limiting to an amount certain of any Claim or Class of Claims)Plan, assumption or rejection of Executory Contracts or Unexpired Leases effected under by the Plan, and any document or agreement executed pursuant to the Plan, hereto shall be deemed null and voidvoid in all respects; and (3c) nothing contained in the Plan or the Disclosure Statement shall: (ai) constitute a waiver or release of any claims held Claims by the Debtor, Claims, Interestsor against, or Causes of Actionany Equity Interests in, the Debtors; (bii) prejudice in any manner the rights of the Debtors or any other Entity; or (ciii) constitute an admission, acknowledgementacknowledgment, offer, offer or undertaking of any sort by the Debtors or any other EntityEntity in any respects.

Appears in 1 contract

Samples: Restructuring Support Agreement (DENVER PARENT Corp)

Revocation or Withdrawal of the Plan. The Debtors reserve the right, subject to the terms of the Restructuring Support AgreementsAgreement, to revoke or withdraw the Plan prior to before the Confirmation Date and to file subsequent plans of reorganizationchapter 11 plans. If the Debtors revoke or withdraw the Plan, or if the Confirmation Date or the Effective Date does not occur, then: (1) the Plan shall will be null and void in all respects; (2) any settlement or compromise embodied in the Plan (including the fixing or limiting to an amount certain of any Claim or Class of Claims)Plan, assumption or rejection of Executory Contracts or Unexpired Leases effected under by the Plan, and any document or agreement executed pursuant to the Plan, shall hereto will be deemed null and voidvoid in all respects; and (3) nothing contained in the Plan or Disclosure Statement shall: shall (a) constitute a waiver or release of any claims held by the Debtor, Claims, Interests, or Causes of Action; , (b) prejudice in any manner the rights of the Debtors any Debtor or any other Entity; , or (c) constitute an admission, acknowledgement, offer, or undertaking of any sort by the Debtors any Debtor or any other Entity.

Appears in 1 contract

Samples: Restructuring Support Agreement (Chaparral Energy, Inc.)

Revocation or Withdrawal of the Plan. The Debtors reserve the right, subject to the Restructuring Support Agreements, right to revoke or withdraw the Plan prior to the Effective Date as to any or all of the Debtors. If, with respect to a Debtor, the Plan has been revoked or withdrawn prior to the Effective Date, or if Confirmation or the occurrence of the Effective Date and as to file subsequent plans of reorganization. If such Debtor does not occur on the Debtors revoke or withdraw the PlanEffective Date, then, with respect to such Debtor: (1i) the Plan shall be null and void in all respects; (2ii) any settlement or compromise embodied in the Plan (including the fixing or limiting to an amount certain of any Claim or Interest or Class of ClaimsClaims or Interests), assumption or rejection of Executory Contracts or Unexpired Leases effected under affected by the Plan, and any document or agreement executed pursuant to the Plan, Plan shall be deemed null and void; and (3iii) nothing contained in the Plan or Disclosure Statement shall: shall (a) constitute a waiver or release of any claims held Claim by the Debtor, Claims, Interestsor against, or Causes of Action; any Interest in, such Debtor or any other Person, (b) prejudice in any manner the rights of the Debtors such Debtor or any other Entity; Person, or (c) constitute an admission, acknowledgement, offer, or undertaking admission of any sort by the Debtors any Debtor or any other EntityPerson.

Appears in 1 contract

Samples: Restructuring Support Agreement (Core Scientific, Inc./Tx)

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Revocation or Withdrawal of the Plan. The Debtors Debtors, with the consent of the Requisite Creditors, reserve the right, subject to the Restructuring Support Agreements, right to revoke or withdraw the Plan with respect to any or all Debtors prior to the Confirmation Date and to file File subsequent plans of reorganization. If the Debtors Debtors, with the consent of the Requisite Creditors, revoke or withdraw the Plan, or if Confirmation and Consummation does not occur, then: (1) the Plan shall be null and void in all respects; (2) any settlement or compromise embodied in the Plan (including the fixing or limiting to an amount certain of any Claim or Interest or Class of ClaimsClaims or Interests), assumption or rejection of Executory Contracts or Unexpired Leases effected under by the Plan, and any document or agreement executed pursuant to the Plan, shall be deemed null and void; and (3) nothing contained in the Plan or Disclosure Statement shall: (ai) constitute a waiver or release of any claims held by the Debtor, Claims, Claims or Interests, or Causes of Action; (bii) prejudice in any manner the rights of the Debtors or any other Entity, including the Holders of Claims; or (ciii) constitute an admission, acknowledgement, offer, or undertaking of any sort by the Debtors or any other Entity; or (iv) be used by the Debtors or any Entity as evidence (or in any other way) in any litigation, including with regard to the strengths or weaknesses of any of the parties’ positions, arguments or claims.

Appears in 1 contract

Samples: Restructuring Support Agreement (Petroquest Energy Inc)

Revocation or Withdrawal of the Plan. The Debtors reserve the right, subject to after consultation with the Restructuring Support AgreementsPurchaser, the Committee, the Supporting Noteholders, EIX, and the PoJo Parties, to revoke or withdraw the Plan prior to the Confirmation Date and to file subsequent plans of reorganizationDate. If the Debtors revoke or withdraw the Plan, or if Confirmation or Consummation does not occur, then: (1) the Plan shall be null and void in all respects; (2) any settlement or compromise embodied in the Plan (including the fixing or limiting to an amount certain of any Claim or Interest or Class of ClaimsClaims or Interests), assumption or rejection of Executory Contracts or Unexpired Leases effected under by the Plan, and any document or agreement executed pursuant to the Plan, shall be deemed null and void; and (3) nothing contained in the Plan or Disclosure Statement shall: (a) constitute a waiver or release of any claims held by the Debtor, Claims, Claims or Interests, or Causes of Action; (b) prejudice in any manner the rights of the Debtors or any other Entity; or (c) constitute an admission, acknowledgement, offer, or undertaking of any sort by the Debtors or any other Entity.

Appears in 1 contract

Samples: Settlement Agreement (Edison International)

Revocation or Withdrawal of the Plan. The Debtors reserve the right, subject to the terms of the Restructuring Support AgreementsAgreement and the Creditors’ Committee’s consent regarding the Global Settlement, to revoke or withdraw the Plan prior to before the Confirmation Date and to file subsequent plans of reorganizationDate. If the Debtors revoke or withdraw the Plan, or if Confirmation and Consummation does not occur, then: (1) the Plan shall be null and void in all respects; (2) any settlement or compromise embodied in the Plan (including the fixing or limiting to an amount certain of any Claim or Interest or Class of ClaimsClaims or Interests), assumption or rejection of Executory Contracts or Unexpired Leases effected under by the Plan, and any document or agreement executed pursuant to the Plan, shall be deemed null and void; and (3) nothing contained in the Plan or Disclosure Statement shall: (ai) constitute a waiver or release of any claims held by the Debtor, Claims, Claims or Interests, or Causes of Action; (bii) prejudice in any manner the rights of the Debtors or any other Entity, including the holders of Claims; or (ciii) constitute an admission, acknowledgement, offer, or undertaking of any sort by the Debtors or any other Entity.

Appears in 1 contract

Samples: Ascena Retail (Ascena Retail Group, Inc.)

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