Common use of Severability of Plan Provisions Clause in Contracts

Severability of Plan Provisions. In the event that, prior to the Confirmation Date, any term or provision of this Plan of Reorganization is held by the Bankruptcy Court to be invalid, void or unenforceable, the Bankruptcy Court shall, with the consent of the Debtors, have the power to alter and interpret such term or provision to make it valid or enforceable to the maximum extent practicable, consistent with the original purpose of the term or provision held to be invalid, void or unenforceable, and such term or provision shall then be applicable as altered or interpreted. Notwithstanding any such holding, alteration or interpretation, the remainder of the terms and provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated by such holding, alteration or interpretation. The Confirmation Order shall constitute a judicial determination and shall provide that each term and provision hereof, as it may have been altered or interpreted in accordance with the foregoing, is valid and enforceable pursuant to its terms.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Andrews Group Inc /De/), Stock Purchase Agreement (Andrews Group Inc /De/)

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Severability of Plan Provisions. In the event that, prior to the Confirmation Date, If any term or provision of this the Plan of Reorganization is held by the Bankruptcy Court to be invalid, void or unenforceable, the Bankruptcy Court shallCourt, at the request of the Debtors (with the prior written consent of Purchaser Representative and Requisite Consenting Lenders, which consent shall not be unreasonably withheld; provided that such consent may be withheld without regard to reasonableness, to the Debtorsextent that such alteration, amendment or modification would have an adverse effect on the Purchasers or any Consenting Lender), shall have the power to alter and interpret such term or provision to make it valid or enforceable to the maximum extent practicable, consistent with the original purpose of the term or provision held to be invalid, void or unenforceable, and such term or provision shall then be applicable as altered or interpreted. Notwithstanding any such holding, alteration or interpretation, the remainder of the terms and provisions hereof shall of the Plan will remain in full force and effect and shall will in no way be affected, impaired or invalidated by such holding, alteration or interpretation. The Confirmation Order shall constitute a judicial determination and shall provide that each term and provision hereofof the Plan, as it may have been altered or interpreted in accordance with the foregoing, is valid and enforceable pursuant to its terms.

Appears in 1 contract

Samples: Investment Agreement (Lodgenet Interactive Corp)

Severability of Plan Provisions. In the event thatIf, prior to the Confirmation Datebefore Confirmation, any term or provision of this the Plan of Reorganization is held by the Bankruptcy Court to be invalid, void void, or unenforceable, the Bankruptcy Court shall, with the consent of the Debtors, shall have the power to alter and interpret such term or provision to make it valid or enforceable to the maximum extent practicable, consistent with the original purpose of the term or provision held to be invalid, void void, or unenforceable, and such term or provision shall then be applicable as altered or interpreted. Notwithstanding any such holding, alteration alteration, or interpretation, the remainder of the terms and provisions hereof shall of the Plan will remain in full force and effect and shall will in no way be affected, impaired impaired, or invalidated by such holding, alteration alteration, or interpretation. The Confirmation Order shall constitute a judicial determination and shall provide that each term and provision hereofof the Plan, as it may have been altered or interpreted in accordance with the foregoing, is is: (1) valid and enforceable pursuant to its terms; (2) integral to the Plan and may not be deleted or modified without the Debtors’ consent; and (3) non-severable and mutually dependent.

Appears in 1 contract

Samples: Recapitalization Agreement (Ventura Capital Privado, S.A. De C.V.)

Severability of Plan Provisions. In the event thatIf, prior to the Confirmation DateConfirmation, any term or provision of this Plan of Reorganization is held by the Bankruptcy Court to be invalid, void void, or unenforceable, the Bankruptcy Court shallCourt, with at the consent request of the Debtors, have the power to may alter and interpret such term or provision to make it valid or enforceable to the maximum extent practicable, consistent with the original purpose of the term or provision held to be invalid, void void, or unenforceable, and such term or provision shall then be applicable as altered or interpreted. Notwithstanding ; provided, however, that any such holding, alteration or interpretation, interpretation shall be acceptable to the Debtors and the Requisite Consenting Stakeholders and the remainder of the terms and provisions hereof shall of this Plan will remain in full force and effect and shall will in no way be affected, impaired impaired, or invalidated by such holding, alteration alteration, or interpretation. The Confirmation Order shall constitute a judicial determination and shall provide that each term and provision hereofof this Plan, as it may have been altered or interpreted in accordance with the foregoing, is is: (1) valid and enforceable pursuant to its terms; (2) integral to this Plan and may not be deleted or modified without the consent of the Debtors and the Requisite Consenting Stakeholders; and (3) non-severable and mutually dependent.

Appears in 1 contract

Samples: Backstop and Private Placement Agreement (Diamond Offshore Drilling, Inc.)

Severability of Plan Provisions. In the event thatIf, prior to the Confirmation DateConfirmation, any term or provision of this the Plan of Reorganization is held by the Bankruptcy Court to be invalid, void or unenforceable, the Bankruptcy Court shallCourt, with at the consent request of the Debtorsany Debtor, shall have the power to alter and interpret such term or provision to make it valid or enforceable to the maximum extent practicable, consistent with the original purpose of the term or provision held to be invalid, void or unenforceable, and such term or provision shall then be applicable as altered or interpreted. Notwithstanding any such holding, alteration or interpretation, the remainder of the terms and provisions hereof of the Plan shall remain in full force and effect and shall in no way be affected, impaired or invalidated by such holding, alteration or interpretation. The Confirmation Order shall constitute a judicial determination and shall provide that each term and provision hereofof the Plan, as it may have been altered or interpreted in accordance with the foregoing, is valid and enforceable pursuant to its terms.

Appears in 1 contract

Samples: Lockup Agreement (Philip Services Corp)

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Severability of Plan Provisions. In the event that, If prior to the Confirmation Date, any term or provision of this the Plan that does not govern the treatment of Reorganization Claims or Interests is held by the Bankruptcy Court to be invalid, void or unenforceable, at the Bankruptcy Court shall, with request of the Debtor and subject to the consent of the DebtorsRequisite Consenting Lenders, the Bankruptcy Court shall have the power to alter and interpret such term or provision to make it valid or enforceable to the maximum extent practicable, consistent with the original purpose of the term or provision held to be invalid, void or unenforceable, unenforceable and such term or provision shall then be applicable as altered or interpreted. Notwithstanding any such holding, alteration or interpretation, the remainder of the terms and provisions hereof of the Plan shall remain in full force and effect and shall in no way be affected, impaired Impaired or invalidated by such holding, alteration or interpretation. The Confirmation Order shall constitute a judicial determination and shall provide that each term and provision hereofof the Plan, as it may have been altered or interpreted in accordance with the foregoing, is valid and enforceable pursuant to its terms.

Appears in 1 contract

Samples: Loan Agreement (Ener1 Inc)

Severability of Plan Provisions. In the event that, prior to the Confirmation Date, any term or provision of this Plan of Reorganization is held by the Bankruptcy Court to be invalid, void or unenforceable, the Bankruptcy Court shall, with the consent of the DebtorsProponents, have the power to alter and interpret such term or provision to make it valid or enforceable to the maximum extent practicable, consistent with the original purpose of the term or provision held to be invalid, void or unenforceable, and such term or provision shall then be applicable as altered or interpreted. Notwithstanding any such holding, alteration or interpretation, the remainder of the terms and provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated by such holding, alteration or interpretation. The Confirmation Order shall constitute a judicial determination and shall provide that each term and provision hereof, as it may have been altered or interpreted in accordance with the foregoing, is valid and enforceable pursuant to in accordance with its terms.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Toy Biz Inc)

Severability of Plan Provisions. In the event thatIf, prior to the Confirmation Date, any term or provision of this Plan of Reorganization is held determined by the Bankruptcy Court to be invalid, void or unenforceable, the Bankruptcy Court shall, with the consent of the Debtors, will have the power to alter and interpret such term or provision to make it valid or enforceable to the maximum extent practicable, consistent with the original purpose of the term or provision held to be invalid, void or unenforceable, and such term or provision shall will then be applicable as altered or interpreted. Notwithstanding any such holding, alteration or interpretation, the remainder of the terms and provisions hereof shall of this Plan will remain in full force and effect and shall will in no way be affected, impaired Impaired or invalidated by such holding, alteration alteration, or interpretation. The Confirmation Order shall will constitute a judicial determination and shall will provide that each term and provision hereofof this Plan, as it may have been altered or interpreted in accordance with the foregoing, is valid and enforceable pursuant to its terms.

Appears in 1 contract

Samples: Restructuring & Lockup Agreement (Pliant Corp)

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