Common use of Rights of Consenting Holders Unaffected Clause in Contracts

Rights of Consenting Holders Unaffected. Nothing contained herein shall (i) limit (A) the ability of a Consenting Holder to consult with other Consenting Holders or the Company or (B) the rights of a Consenting Holder under any applicable bankruptcy, insolvency, foreclosure or similar proceeding, including, without limitation, appearing as a party in interest in any matter to be adjudicated to appear and be heard, concerning any matter arising in the Chapter 11 Cases, in each case, so long as such consultation or appearance is not inconsistent with the Consenting Holder’s obligations hereunder or under the terms of the Plan and are not for the purpose of hindering, delaying or preventing the consummation of the Restructuring Transactions; (ii) limit the ability of a Consenting Holder to sell or enter into any transactions in connection with the Senior Notes or any other claims against or interests in the Company, subject to Sections 3(d) and (e) hereof; or (iii) limit the rights of any Consenting Holder under the Indentures or constitute a waiver or amendment of any provision of the Indentures, subject to Section 3(a) hereof; provided however, that each Consenting Holder agrees that, for the duration of the Lock-Up Period, it will forbear from exercising any rights and remedies arising from the Company’s failure to pay any principal, interest or premium under any of the Senior Notes or from the acceleration of any such Senior Notes.

Rights of Consenting Holders Unaffected. Nothing contained herein shall limit (i) limit (A) the ability of a Consenting Holder to consult with other Consenting Holders or the Company or (B) the rights of a Consenting Holder under any applicable bankruptcy, insolvency, foreclosure or similar proceeding, including, without limitation, appearing as a party in interest in any matter to be adjudicated in order to appear and be heard, heard concerning any matter arising in the Chapter 11 Cases, in each case, so long as such consultation or appearance is not inconsistent with the Consenting Holder’s obligations hereunder or under the terms of the Plan Restructuring Term Sheet and are is not for the purpose of hindering, delaying or preventing the consummation of the Restructuring Transactions; (ii) limit the ability of a Consenting Holder to sell or enter into any transactions in connection with the Senior Notes or any other claims against or interests in the Company, subject to Sections Section 3(d) and (eSection 3(e) hereof; or (iii) limit the rights of any Consenting Holder under the Indentures Existing Indenture or constitute a waiver or amendment of any provision of the IndenturesExisting Indenture, subject to Section 3(a) and Section 25 hereof; provided however, that each Consenting Holder agrees that, for the duration of the Lock-Up Period, it will forbear from exercising any rights and remedies arising from the Company’s failure to pay any principal, interest or premium under any of the Senior Notes or from the acceleration of any such Senior Notes.

Rights of Consenting Holders Unaffected. Nothing contained herein shall (i) limit (A) the ability of a Consenting Holder to consult with other Consenting Holders or the Company or (B) the rights of a Consenting Holder under any applicable bankruptcy, insolvency, foreclosure or similar proceeding, including, without limitation, appearing as a party in interest in any matter to be adjudicated in order to appear and be heard, heard concerning any matter arising in the Chapter 11 Cases, in each case, so long as such consultation or appearance is not inconsistent with the Consenting Holder’s obligations hereunder or under the terms of the Plan and are not for the purpose of hindering, delaying or preventing the consummation of the Restructuring Transactions; (ii) limit the ability of a Consenting Holder to sell or enter into any transactions in connection with the Senior Notes or any other claims against or interests in the Company, subject to Sections 3(d) and (e) hereof; or (iii) limit the rights of any Consenting Holder under the Indentures Indenture or constitute a waiver or amendment of any provision of the IndenturesIndenture, subject to Section 3(a) hereof; provided however, that each Consenting Holder agrees that, for the duration of the Lock-Up Period, it will forbear from exercising any rights and remedies arising from the Company’s failure to pay any principal, interest or premium under any of the Senior Notes or from the acceleration of any such Senior Notes.