Common use of Rights of Supporting Noteholders Unaffected Clause in Contracts

Rights of Supporting Noteholders Unaffected. Nothing contained herein shall limit (i) the rights of a Supporting Noteholder under any applicable bankruptcy, insolvency, foreclosure, or similar proceeding, so long as the exercise of any such right is not inconsistent with such Supporting Noteholders’ obligations hereunder; (ii) subject to Section 4(a), Section 4(c) and Section 6 hereof, any right of a Supporting Noteholder under (x) the Indenture or Existing Second Lien Notes and (y) any other applicable agreement, instrument, or document that gives rise to a Supporting Noteholder’s Claims; (iii) the ability of a Supporting Noteholder to consult with other Supporting Noteholders or the Company; or (iv) the ability of a Supporting Noteholder to enforce any right, remedy, condition, consent, or approval requirement under this Agreement or any of the Restructuring Documents. Nothing contained in this Agreement shall amend, waive, or modify the Indenture or Existing Second Lien Notes or constitute the amendment or waiver of any Party’s rights and remedies thereunder.

Appears in 3 contracts

Samples: Restructuring Support Agreement (Ion Geophysical Corp), Restructuring Support Agreement (Ion Geophysical Corp), Restructuring Support Agreement (Ion Geophysical Corp)

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Rights of Supporting Noteholders Unaffected. Nothing contained herein shall limit limit, impair, or waive (i) the rights of a Supporting Noteholder under any applicable bankruptcy, insolvency, foreclosure, or similar proceeding, so long as the exercise of any such right is not inconsistent with such Supporting Noteholders’ obligations hereunder; (ii) subject to Section 4(a), Section 4(c) ), and Section 6 hereof, any right of a Supporting Noteholder under (x) the Existing Indenture or the Existing Second Lien Notes and (y) any other applicable agreement, instrument, or document that gives rise related to a Supporting Noteholder’s Claimsthe Existing Notes, the Existing Indenture, or the security interests contemplated thereby; (iii) the ability of a Supporting Noteholder to consult with other Supporting Noteholders or the CompanyCompany Parties; or (iv) the ability of a Supporting Noteholder to enforce any right, remedy, condition, consent, or approval requirement under this Agreement or any of the Restructuring DocumentsExchange Documents or assert or raise any objection permitted under this Agreement in connection with the Exchange Transactions, or prevent any Supporting Noteholder from contesting whether any matter, fact or thing is a breach of, or is inconsistent with, this Agreement. Nothing contained in this Agreement shall amend, waive, or modify the Existing Indenture or Existing Second Lien Notes or constitute the amendment or waiver of any Party’s rights and remedies thereunder.

Appears in 1 contract

Samples: Restructuring Support Agreement (Exela Technologies, Inc.)

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