Common use of Support of the Plan Clause in Contracts

Support of the Plan. As long as this Agreement remains in effect, the Company will (i) use its reasonable best efforts to obtain confirmation of the Plan in accordance with the Bankruptcy Code as expeditiously as possible and (ii) use its reasonable best efforts to achieve confirmation including, upon approval of the disclosure statement, recommending to the holders of impaired claims and interests that they vote to approve the Plan. As long as this Agreement remains in effect, neither Party shall (a) object to confirmation of the Plan or otherwise commence any proceeding to oppose or alter the Plan or any other reorganization related documents or agreements (all such documents and agreements, the "Plan Documents"), so long as such documents conform to the terms hereof and set forth in Exhibit A, (b) vote for, consent to, support or participate in the formulation of any other plan of reorganization or liquidation proposed or filed or to be proposed or filed in any Chapter 11 or Chapter 7 case commenced in respect of the Company, (c) directly or indirectly seek, solicit, support or encourage any other plan, sale, proposal or offer of dissolution, winding up, liquidation, reorganization, merger or restructuring of the Company or any of its subsidiaries that could reasonably be expected to prevent, delay or impede the successful restructuring of the Company as contemplated by the Plan or the Plan Documents, (d) object to the disclosure statement or the solicitation of consents to the Plan, or (e) take any other action that is inconsistent with, or that would delay confirmation of, the Plan; provided, however, the Investors' obligations pursuant to this Section 3 shall be conditioned upon (i) the Company's filing of the Plan, (ii) the Company's not withdrawing the Plan or modifying the Plan in a manner that materially deviates from the terms set forth on Exhibit A and (iii) the Bankruptcy Court's not rejecting or denying confirmation of the Plan, in each case with such modifications to the Plan that do not materially deviate from the term of Exhibit A.

Support of the Plan. As long as this Agreement remains in effect, and provided that the Company will (i) use its reasonable best efforts to obtain confirmation terms of the Plan and Disclosure Statement are in accordance all material respects consistent with the Bankruptcy Code as expeditiously as possible terms set forth in Exhibits A and (ii) use its reasonable best efforts B and are otherwise satisfactory to achieve confirmation includingCIT Capital in all material respects, upon approval of the disclosure statement, recommending CIT Capital will solely with respect to the holders Claims, subject to the provisions of impaired claims and interests that they vote this Agreement support the Plan in the manner described herein. With respect to approve the Plan. As any Claims now or hereafter beneficially owned by CIT Capital, as long as this Agreement remains in effect, neither Party and provided that the terms of the Plan and Disclosure Statement are in all material respects consistent with the terms set forth in Exhibits A and B and are otherwise satisfactory to CIT Capital solely with respect to the Claims, CIT Capital shall not (a) oppose the chapter 11 filing; (b) object to confirmation of the Plan or otherwise commence any proceeding to oppose or alter the Plan or any other reorganization related documents or agreements (all such documents and agreements, the "Plan Documents"), so long as such documents conform to the terms hereof and set forth in Exhibit APlan, (bc) vote for, consent to, support or participate in the formulation of any other plan of reorganization or liquidation proposed or filed or to be proposed or filed in any Chapter 11 or Chapter 7 case commenced in respect of the Companyfiled, (cd) directly or indirectly seek, solicit, support or encourage any other plan, sale, proposal or offer of dissolution, winding up, liquidation, reorganization, merger or restructuring of the Company or any of its subsidiaries that could reasonably be expected to prevent, delay or impede the successful restructuring of the Company as contemplated by the Plan or the Plan Documentssubsidiaries, (de) object to the disclosure statement Disclosure Statement or the solicitation of consents acceptances to the Plan, or (e) take any other action action, directly or indirectly, with respect to the Company, any of its subsidiaries or otherwise that is inconsistent with, or that would delay confirmation of, the Plan; provided. Nothing contained herein shall limit the ability of CIT Capital to consult with the officers, howeverdirectors, and agents of the Company or to appear and be heard concerning any matter arising in the Chapter 11 Case, so long as such consultation or appearance is not inconsistent with the obligations of CIT Capital under the Plan and this Agreement. Notwithstanding the foregoing provisions, nothing in this Agreement shall require the Company or CIT Capital to take any action prohibited by the Bankruptcy Code, the Investors' obligations pursuant to this Section 3 shall be conditioned upon Securities Act of 1933, as amended (i) the Company's filing “Securities Act”), the Securities Exchange Act of 1934, as amended (the Plan“Exchange Act”), (ii) the Company's not withdrawing the Plan any rule or modifying the Plan in a manner that materially deviates from the terms set forth on Exhibit A and (iii) the Bankruptcy Court's not rejecting regulations thereunder or denying confirmation by other applicable law or regulation or by any order or direction of the Plan, in each case with such modifications to the Plan that do not materially deviate from the term of Exhibit A.any court or any federal or state governmental authority.

Support of the Plan. As So long as this Agreement remains in effecteffect and shall not have been terminated pursuant to Section 8 hereof, the Company will (i) use its reasonable best efforts to obtain confirmation of the Plan in accordance with the Bankruptcy Code as expeditiously as possible and (ii) use its reasonable best efforts to achieve confirmation including, upon approval of the disclosure statement, recommending to the holders of impaired claims and interests that they vote to approve the Plan. As long as this Agreement remains in effect, neither no Party shall (a) vote to reject the Plan, object to confirmation of the Plan or otherwise commence any proceeding to oppose or alter the Plan or any other reorganization related documents or agreements Restructuring Documents (all such documents and agreements, the "Plan Documents"as defined below), so long as to the extent such documents conform to the terms hereof and as set forth in Exhibit Athe Term Sheet, (b) vote for, consent to, support or participate in the formulation of any other plan of reorganization or liquidation proposed or filed or to be proposed or filed in any Chapter 11 or Chapter 7 case commenced in respect of the Company, (c) directly or indirectly seek, solicit, support or encourage any other plan, sale, proposal or offer of dissolution, winding up, liquidation, reorganization, merger or restructuring of the Company or any of its subsidiaries that could reasonably be expected to prevent, delay or impede the successful restructuring of the Company as contemplated by the Plan or the Plan Restructuring Documents, (d) object to the disclosure statement or the solicitation of consents to acceptances of the Plan, or (e) take any other action that is inconsistent with, or that would delay confirmation of, the Plan; provided. Notwithstanding anything herein to the contrary, howeverin the event that the Creditor is appointed to and serves on a committee of creditors in the Company’s Chapter 11 Proceedings, the Investors' obligations pursuant terms of this Agreement shall not be construed so as to this Section 3 limit the Creditor’s exercise, in its sole discretion, of its fiduciary duties, if any, to any person or entity arising from its service on such committee, and any such exercise of such fiduciary duties shall not be conditioned upon (i) the Company's filing deemed to constitute a breach of the Plan, (ii) the Company's not withdrawing the Plan or modifying the Plan in a manner that materially deviates from the terms set forth on Exhibit A and (iii) the Bankruptcy Court's not rejecting or denying confirmation of the Plan, in each case with such modifications to the Plan that do not materially deviate from the term of Exhibit A.this Agreement.