Avoidance Actions. Sellers shall not pursue any litigation claims or causes of action (including causes of action under Chapter 5 of the Bankruptcy Code) (i) against landlords, vendors or other counterparties who are party to (or Affiliates of a party to) any Assumed Contract or Assumed Lease, or (ii) against any officer or employee retained by Purchasers or its Subsidiaries after Closing, or (iii) otherwise arising under or related to the Purchased Assets, including in each of cases (i), (ii) and (iii) such causes of action arising under, or available pursuant to, the Bankruptcy Code.
Appears in 2 contracts
Sources: Asset Purchase Agreement (A123 Systems, Inc.), Asset Purchase Agreement