Common use of Avoidance Actions Clause in Contracts

Avoidance Actions. The Plan shall provide that the Reorganized Company shall waive any avoidance actions that the Company or the estates may have against holders of Unsecured Claims that agree in writing to continue to participate in and extend trade credit in connection with the go-forward operations of the Reorganized Company. All other avoidance actions will be reserved and prosecuted by the Reorganized Company in its reasonable discretion.

Appears in 2 contracts

Sources: Plan Sponsorship Agreement (B. Riley Financial, Inc.), Plan Sponsorship Agreement (Wet Seal Inc)