Avoidance Actions. Notwithstanding any provision to the contrary contained in this Agreement, in no event shall any Seller or any of its Affiliates pursue any avoidance or similar Action, including but not limited to any Action under Sections 544, 545, 547, 548, 550 or 553 of the Bankruptcy Code, against any party to any Assigned Contract with respect to the payment of any amounts previously paid under such Assigned Contract.
Appears in 3 contracts
Sources: Asset Purchase Agreement (Divine Inc), Asset Purchase Agreement (Divine Inc), Asset Purchase Agreement (Divine Inc)