Settlement Discussions. This Agreement is part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties hereto. Nothing herein shall be deemed an admission of any kind. Pursuant to Federal Rule of Evidence 408 and any applicable state rules of evidence, this Agreement and all negotiations relating thereto shall not be admissible into evidence in any proceeding other than to prove the existence of this Agreement or in a proceeding to enforce the terms of this Agreement.
Appears in 32 contracts
Samples: Restructuring Support Agreement (CorEnergy Infrastructure Trust, Inc.), Transfer Agreement (National CineMedia, Inc.), Agreement (Pacific Drilling S.A.)
Settlement Discussions. This Agreement is and the Restructuring are part of a proposed settlement of matters that could otherwise be the subject of litigation a dispute among the Parties heretoParties. Nothing herein shall be deemed an admission of any kind. Pursuant to Federal Rule of Evidence 408 and any applicable state rules of evidence, this Agreement and all negotiations relating thereto shall not be admissible into evidence in any proceeding other than to prove the existence of this Agreement or in a proceeding to enforce the terms of this Agreement.
Appears in 15 contracts
Samples: Plan Support Agreement, Restructuring Support Agreement (Geokinetics Inc), Restructuring Support Agreement (Accuride Corp)
Settlement Discussions. This Agreement is part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties hereto. Nothing herein shall be deemed an admission of any kindParties. Pursuant to Rule 408 of the Federal Rule Rules of Evidence 408 and Evidence, any applicable state rules of evidenceevidence and any other applicable law, foreign or domestic, this Agreement and all negotiations relating thereto shall not be admissible into evidence in any proceeding other than to prove the existence of this Agreement or in a proceeding to enforce the terms of this Agreementits terms.
Appears in 11 contracts
Samples: Coordination Agreement (Centerbridge Credit Partners Master, L.P.), Coordination Agreement (Oaktree Capital Management Lp), Coordination Agreement (Newtyn Management, LLC)
Settlement Discussions. This Agreement is part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties heretoParties. Nothing herein in this Agreement shall be deemed an admission of any kind. Pursuant to Federal Rule of Evidence 408 and 408, any applicable state rules of evidenceevidence and any other applicable law, foreign or domestic, this Agreement Agreement, and all negotiations relating thereto shall not be admissible into evidence in any proceeding other than to prove the existence of this Agreement or in a proceeding to enforce the terms of this Agreement.
Appears in 9 contracts
Samples: Restructuring Support Agreement (Oasis Petroleum Inc.), Restructuring Support Agreement (Denbury Resources Inc), Restructuring Support Agreement (Extraction Oil & Gas, Inc.)
Settlement Discussions. This Settlement Agreement is and the transactions contemplated herein are part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties heretoParties. Nothing herein shall be deemed an admission of any kind. Pursuant to To the extent provided by Federal Rule of Evidence 408 408, all applicable mediation privileges, and any applicable state rules of evidence, this Settlement Agreement and all negotiations relating thereto shall not be admissible into evidence in any proceeding other than to prove the existence of this Agreement or in a proceeding to enforce the terms of this Settlement Agreement.
Appears in 7 contracts
Samples: Settlement Agreement (Energy Future Intermediate Holding CO LLC), Settlement Agreement (Energy Future Holdings Corp /TX/), Settlement Agreement (Energy Future Competitive Holdings Co LLC)
Settlement Discussions. This Agreement is part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties parties hereto. Nothing herein shall be deemed an admission of any kind. Pursuant to Federal Rule of Evidence 408 and 408, any applicable state rules of evidenceevidence and any other applicable law, foreign or domestic, this Agreement and all negotiations relating thereto shall not be admissible into evidence in any proceeding other than to prove the existence of this Agreement or in a proceeding to enforce the terms of this Agreement.
Appears in 6 contracts
Samples: Transaction Support Agreement (Toys R Us Inc), www.sec.gov, Transaction Support Agreement (Castle a M & Co)
Settlement Discussions. This Agreement is and the transactions contemplated herein are part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties heretoParties. Nothing herein shall be deemed an admission of any kind. Pursuant to To the extent provided by Federal Rule of Evidence 408 408, and any applicable state rules of evidence, this Agreement and all negotiations relating thereto shall not be admissible into evidence in any proceeding other than proceedings to prove approve the existence of this Agreement Approval Order or in a proceeding to enforce the terms of this Agreement.
Appears in 5 contracts
Samples: Indemnification Agreement (Sunedison, Inc.), Indemnification Agreement (Sunedison, Inc.), Indemnification Agreement (Terraform Global, Inc.)
Settlement Discussions. This Agreement is part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties hereto. Nothing herein shall be deemed an admission of any kind. Pursuant to Federal Rule of Evidence 408 and any applicable state rules of evidence, this Agreement and all negotiations relating thereto hereto shall not be admissible into evidence in any proceeding other than to prove the existence of this Agreement or in a proceeding to enforce the terms of this Agreement.
Appears in 5 contracts
Samples: Settlement Agreement and Release, Settlement Agreement and Release, Restructuring Support Agreement
Settlement Discussions. This Agreement is part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties heretoParties. Nothing herein shall be deemed an admission of any kind. Pursuant to Federal Rule of Evidence 408 and 408, any applicable state rules of evidenceevidence and any other applicable law, foreign or domestic, this Agreement and all negotiations relating thereto shall not be admissible into evidence in any proceeding other than to prove the existence of this Agreement or in a proceeding to enforce the terms of this Agreement.
Appears in 5 contracts
Samples: Plan Support Agreement (Amyris, Inc.), Restructuring Support Agreement (Avaya Holdings Corp.), Plan Support Agreement
Settlement Discussions. This Agreement is part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties heretoparties. Nothing herein shall be deemed an admission of any kind. Pursuant to the agreement of the parties, Federal Rule of Evidence 408 and 408, any applicable state rules of evidenceevidence and any other applicable law, foreign or domestic, this Agreement Agreement, all exhibits, schedules and appendices hereto, and all negotiations relating thereto hereto shall not be admissible into evidence in any proceeding other than to prove the existence of this Agreement or in a proceeding to enforce the terms of this Agreement.
Appears in 4 contracts
Samples: Plan Sponsor Agreement, Plan Sponsor Agreement, Alternative Plan Sponsor Agreement (Quality Care Properties, Inc.)
Settlement Discussions. This Agreement is part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties hereto. Nothing herein shall be deemed an admission of any kind. Pursuant to Federal Rule of Evidence 408 and any applicable state rules of evidence, this Agreement and all negotiations relating thereto shall not be admissible into evidence in any proceeding other than to prove the existence of this Agreement or in a proceeding to enforce the terms of this Agreement.
Appears in 4 contracts
Samples: Plan Support Agreement, Plan Support Agreement, Plan Support Agreement
Settlement Discussions. This Agreement is part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties hereto. Nothing herein shall be deemed an admission of any kind. Pursuant to Federal Rule of Evidence 408 and any applicable state rules of evidence, this Agreement and all negotiations relating thereto to this Agreement shall not be admissible into evidence in any proceeding other than to prove the existence of this Agreement or in a proceeding to enforce the terms of this Agreement.
Appears in 3 contracts
Samples: Employment Agreement (LinnCo, LLC), Employment Agreement (LinnCo, LLC), Restructuring Support Agreement (LinnCo, LLC)
Settlement Discussions. This Agreement is part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties heretowith respect to their Claims. Nothing herein shall be deemed to be an admission of any kind. Pursuant to To the extent provided by Federal Rule of Evidence 408 and any applicable state rules of evidence, this Agreement and all negotiations relating thereto shall not be admissible into evidence in any proceeding other than to prove the existence of this Agreement or in a proceeding to enforce the terms of this Agreement.
Appears in 3 contracts
Samples: Support and Settlement Agreement, Support and Settlement Agreement (Amr Corp), Support Agreement
Settlement Discussions. This Agreement is and the Plan Term Sheet are part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties parties hereto. Nothing herein shall be deemed an admission of any kind. Pursuant to Federal Rule of Evidence 408 and any applicable state rules of evidence, this Agreement and all negotiations relating thereto shall not be admissible into evidence in any proceeding other than to prove the existence of this Agreement or in a proceeding to enforce the terms of this Agreement.
Appears in 3 contracts
Samples: Plan Sponsor Agreement, Plan Sponsor Agreement (Quality Care Properties, Inc.), Restructuring Support Agreement (Quality Care Properties, Inc.)
Settlement Discussions. This Agreement is and the transactions contemplated herein are part of a proposed settlement of matters that could otherwise be a dispute between the subject of litigation among the Parties heretoParties. Nothing herein shall be deemed an admission of any kind. Pursuant to section 408 of the U.S. Federal Rule Rules of Evidence 408 and any applicable state rules of evidence, this Agreement and all negotiations relating thereto shall not be admissible into evidence in any proceeding Legal Proceeding (other than to prove the existence of this Agreement or in a legal proceeding to approve or enforce the terms of this Agreement).
Appears in 3 contracts
Samples: Credit Agreement (Gulfport Energy Corp), Joinder Agreement (Halcon Resources Corp), Backstop Commitment Agreement
Settlement Discussions. This Agreement is and the transactions contemplated herein are part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties heretoParties. Nothing herein shall be deemed an admission of any kind. Pursuant to To the extent provided by Federal Rule of Evidence 408 408, all applicable mediation privileges, and any applicable state rules of evidence, this Agreement and all negotiations relating thereto shall not be admissible into evidence in any proceeding other than to prove the existence of this Agreement or in a proceeding to enforce the terms of this Agreement.
Appears in 3 contracts
Samples: Settlement Agreement (Dynegy Inc.), Settlement Agreement, Plan Support Agreement (Dynegy Inc.)
Settlement Discussions. This Agreement is part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties hereto. Nothing herein shall be deemed an admission of any kind. Pursuant to Federal Rule of Evidence 408 and any applicable state rules of evidence, this Agreement and all negotiations and communications relating thereto shall not be admissible into evidence in any proceeding other than to prove the existence of this Agreement or in a proceeding to enforce the terms of this Agreement.
Appears in 2 contracts
Samples: Indenture (CAESARS ENTERTAINMENT Corp), Agreement (Caesars Acquisition Co)
Settlement Discussions. This Agreement is part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties parties hereto. Nothing herein shall be deemed an admission of any kind. Pursuant to Federal Rule of Evidence 408 and 408, any applicable state rules of evidenceevidence and any other applicable law, foreign or domestic, this Agreement Agreement, all exhibits, schedules and appendices hereto, and all negotiations relating thereto hereto shall not be admissible into evidence in any proceeding other than to prove the existence of this Agreement or in a proceeding to enforce the terms of this Agreement.
Appears in 2 contracts
Samples: Plan Support Agreement (Cubic Energy Inc), Plan Support Agreement
Settlement Discussions. This Settlement Agreement is part of a proposed settlement of matters that could otherwise be the subject of litigation a dispute among the Parties heretoParties. Nothing herein shall be deemed an admission of any kind. Pursuant to Federal Rule of Evidence 408 and any applicable state State rules of evidence, this Settlement Agreement and all negotiations relating thereto shall not be admissible into evidence in any proceeding other than to prove the existence of this Agreement or in a proceeding to enforce the terms of this Settlement Agreement.
Appears in 2 contracts
Samples: Settlement and Release Agreement (Tousa Inc), Settlement and Release Agreement (Tousa Inc)
Settlement Discussions. This Agreement is part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties parties hereto. Nothing herein shall be deemed an admission of any kind. Pursuant to Federal Rule of Evidence 408 and any applicable state rules of evidence, this Agreement and all negotiations relating thereto shall not be admissible into evidence in any proceeding other than to prove the existence of this Agreement or in a proceeding to enforce the terms of this Agreement.
Appears in 2 contracts
Samples: Lock Up and Voting Agreement (Nci Building Systems Inc), Lock Up and Voting Agreement (Nci Building Systems Inc)
Settlement Discussions. This Agreement is part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties heretoParties. Nothing herein shall be deemed an admission of any kind. Pursuant to To the extent provided by Federal Rule of Evidence 408 and any applicable state rules of evidence, this Agreement and all negotiations relating thereto shall not be admissible into evidence in any proceeding other than to prove the existence of this Agreement or in a proceeding to enforce the terms of this Agreement.
Appears in 2 contracts
Samples: www.rescaprmbssettlement.com, Plan Support Agreement (Ally Financial Inc.)
Settlement Discussions. This Agreement is part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties heretoParties. Nothing herein shall be deemed an admission of any kind. Pursuant to Federal Rule of Evidence 408 and 408, any applicable state rules of evidenceevidence and any other applicable law, foreign or domestic, this Agreement and all negotiations relating thereto shall not be admissible into evidence in any proceeding other than to prove the existence of this Agreement or in a proceeding to enforce the terms of this Agreement.Agreement.β
Appears in 2 contracts
Settlement Discussions. This Agreement is and the transactions contemplated herein are part of a proposed settlement of matters that could otherwise be the subject of litigation a dispute among the Parties heretoParties. Nothing herein shall be deemed an admission of any kind. Pursuant to Federal Rule of Evidence 408 and any other applicable state rules of evidence, this Agreement and all negotiations relating thereto hereto shall not be admissible into evidence in any proceeding other than to prove the existence of this Agreement or in a proceeding to enforce its terms, pursue the terms consummation of the Restructuring, or determine the payment of damages to which a Party may be entitled under this Agreement.
Appears in 2 contracts
Samples: Equity Purchase and Commitment Agreement (Hertz Corp), Equity Purchase and Commitment Agreement (Hertz Corp)
Settlement Discussions. This Agreement is and the Plan are part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties hereto. Nothing herein shall be deemed an admission of any kind. Pursuant to Federal Rule of Evidence 408 and any applicable state rules of evidence, this Agreement and all negotiations relating thereto shall not be admissible into evidence in any proceeding other than to prove the existence of this Agreement or in a proceeding to enforce the terms of this Agreement.
Appears in 2 contracts
Samples: Restructuring Support Agreement (Pacific Sunwear of California Inc), Restructuring Support Agreement (Swift Energy Co)
Settlement Discussions. This Settlement Agreement is part of a proposed settlement of matters that could otherwise be the subject of litigation a dispute among the Parties heretoParties. Nothing herein shall be deemed an admission of any kind. Pursuant to Federal Rule of Evidence 408 and any applicable state rules of evidence, this Settlement Agreement and all negotiations relating thereto shall not be admissible into evidence in any proceeding other than to prove the existence of this Agreement or in a proceeding to enforce the terms of this Settlement Agreement.
Appears in 2 contracts
Samples: Settlement and Release Agreement (Herrick Todd W), Settlement and Release Agreement (Tecumseh Products Co)
Settlement Discussions. This Agreement is part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties heretoParties. Nothing herein shall be deemed an admission of any kind. Pursuant to Federal Rule of Evidence 408 and any applicable state rules of evidence, this Agreement and all negotiations relating thereto shall not be admissible into evidence in any proceeding other than to prove the existence of this Agreement or in a proceeding related to enforce the terms of this Agreement.
Appears in 2 contracts
Samples: Restructuring Support Agreement (Pyxus International, Inc.), Restructuring Support Agreement (Quorum Health Corp)
Settlement Discussions. This Agreement is part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties heretoparties. Nothing herein shall be deemed an admission of any kind. Pursuant to Federal Rule of Evidence 408 and 408, any applicable state rules of evidenceevidence and any other applicable law, foreign or domestic, this Agreement and all negotiations relating thereto shall not be admissible into evidence in any proceeding other than to prove the existence of this Agreement or in a proceeding to enforce the terms of this Agreement.
Appears in 1 contract
Samples: syncora.com
Settlement Discussions. This Agreement is part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties hereto. Nothing herein shall be deemed an admission of any kind. Pursuant to Federal Rule of Evidence 408 and analogous provisions of any applicable state rules of evidence, this Agreement and all negotiations relating thereto shall not be admissible into evidence in any proceeding other than to prove the existence of this Agreement or in a proceeding to enforce the terms of this Agreement.
Appears in 1 contract
Samples: Master Lease and Security Agreement (Quality Care Properties, Inc.)
Settlement Discussions. This Agreement is part of a proposed settlement of matters that could otherwise be the subject of litigation a dispute among the Parties. The Parties hereto. Nothing herein shall be deemed agree that this Agreement and the negotiations relating thereto do not constitute an admission or evidence of any kindwrongdoing, misconduct or violation of any law whatsoever by any Party. Pursuant to Federal Rule of Evidence 408 and any applicable state rules of evidence, this Agreement and all negotiations relating thereto shall not be admissible into evidence in any proceeding other than to prove the existence of this Agreement or in a proceeding to enforce the terms of this Agreement.
Appears in 1 contract
Samples: Settlement Agreement and Mutual Release (Saleen Automotive, INC.)
Settlement Discussions. This Agreement is and the Term Sheet are part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties parties hereto. Nothing herein shall be deemed an admission of any kind. Pursuant to Federal Rule Rules of Evidence 408 and any applicable state rules of evidence, this Agreement and all negotiations relating thereto shall not be admissible into evidence in any proceeding other than to prove the existence of this Agreement or in a proceeding to enforce the terms of this Agreement.
Appears in 1 contract
Settlement Discussions. This Agreement is and the Purchase Agreement are part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties hereto. Nothing herein shall be deemed an admission of any kind. Pursuant to Federal Rule of Evidence 408 and any applicable state rules of evidence, this Agreement and all negotiations relating thereto shall not be admissible into evidence in any proceeding other than to prove the existence of this Agreement or in a proceeding to enforce the terms of this Agreement.
Appears in 1 contract
Samples: Membership Interests Purchase Agreement (UpHealth, Inc.)
Settlement Discussions. This Agreement is part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties hereto. Nothing herein shall be deemed an admission of any kindParties. Pursuant to Rule 408 of the Federal Rule Rules of Evidence 408 and Evidence, any applicable state rules of evidence, and any other applicable law, foreign or domestic, this Agreement and all negotiations relating thereto shall not be admissible into evidence in any proceeding for the purposes prohibited by such rules, other than to prove the existence of this Agreement or in a proceeding to enforce the terms of this Agreement.
Appears in 1 contract
Samples: Restructuring Support Agreement (Venator Materials PLC)
Settlement Discussions. This Agreement is and the Plan Term Sheet are part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties heretoParties. Nothing herein shall be deemed an admission of any kind. Pursuant to Federal Rule of Evidence 408 and any applicable state rules of evidence, this Agreement and all negotiations relating thereto shall not be admissible into evidence in any proceeding other than to prove the existence of this Agreement or in a proceeding to enforce the terms of this Agreement.
Appears in 1 contract
Samples: Restructuring Support Agreement (Cypress Environmental Partners, L.P.)
Settlement Discussions. This Agreement is part of a proposed settlement of matters that could otherwise be the subject of litigation a dispute among the Parties heretoParties. Nothing herein shall be deemed an admission of any kind. Pursuant to Federal Rule of Evidence 408 and any applicable state rules of evidence, this Agreement and all discussions and negotiations relating thereto shall be privileged and shall not be used in any manner, nor be admissible into evidence in any proceeding proceeding, other than in a proceeding to prove the existence obtain Bankruptcy Court approval of this Agreement or in a proceeding to enforce the terms of this Agreement.
Appears in 1 contract
Samples: Comprehensive Settlement Agreement (Atx Communications Inc)
Settlement Discussions. This Agreement is and the Plan Term Sheet are part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties hereto. Nothing herein shall be deemed an admission of any kind. Pursuant to Federal Rule of Evidence 408 408, the Absolute Mediation Privilege, and any applicable state rules of evidence, this Agreement and all negotiations relating thereto shall not be admissible into evidence in any proceeding other than to prove the existence of this Agreement or in a proceeding to enforce the terms of this Agreement.
Appears in 1 contract
Samples: Plan Support Agreement
Settlement Discussions. This Agreement is part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties heretoParties. Nothing herein shall be deemed an admission of any kind. Pursuant to Federal Rule of Evidence 408 and 408, any applicable state rules of evidenceevidence and any other applicable law, foreign or domestic, this Agreement and all negotiations relating thereto shall not be admissible into evidence in any proceeding other than to prove the existence of this Agreement or in a proceeding to enforce the terms of this Agreement. 24.
Appears in 1 contract
Samples: Intercreditor Agreement (Avaya Inc)
Settlement Discussions. This Agreement is part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties parties hereto. Nothing herein shall be deemed an admission of any kind. Pursuant to Federal Rule of Evidence 408 and any applicable state rules of evidence, this Agreement and all negotiations proposals and counter-proposal made within the past two weeks and relating thereto shall not be admissible into evidence in any proceeding other than to prove the existence of this Agreement or in a proceeding to enforce the terms of this Agreement.
Appears in 1 contract
Settlement Discussions. This Agreement is part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties heretoParties. Nothing herein in this Agreement shall be deemed an admission of any kind. Pursuant to Federal Rule of Evidence 408 and 408, any applicable state rules of evidenceevidence and any other applicable Law, foreign or domestic, this Agreement Agreement, and all negotiations relating thereto shall not be admissible into evidence in any proceeding other than to prove the existence of this Agreement or in a proceeding to enforce the terms of this Agreement.
Appears in 1 contract
Samples: Restructuring Support Agreement (Centric Brands Inc.)
Settlement Discussions. This Agreement is and the transactions contemplated herein are part of a proposed settlement of matters that could otherwise be a dispute between the subject of litigation among the Parties heretoParties. Nothing herein shall be deemed an admission of any kind. Pursuant to Section 408 of the U.S. Federal Rule of Evidence 408 and any applicable state rules of evidence, this Agreement and all negotiations relating thereto shall not be admissible into evidence in any proceeding Legal Proceeding (other than a Legal Proceeding to prove the existence of this Agreement approve or in a proceeding to enforce the terms of this Agreement).
Appears in 1 contract
Settlement Discussions. This Settlement Agreement is and the transactions contemplated herein are part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties heretoParties. Nothing herein shall be deemed an admission of any kind. Pursuant to To the extent provided by Federal Rule of Evidence 408 408, all applicable mediation privileges, and any applicable state rules of evidence, this Settlement Agreement and all negotiations relating thereto shall not be admissible into evidence in any proceeding other than to prove the existence of this Agreement or in a proceeding to enforce regarding the terms of this Settlement Agreement.. EXECUTION VERSION
Appears in 1 contract
