Common use of Bankruptcy Cases Clause in Contracts

Bankruptcy Cases. (a) The Company has filed with the Bankruptcy Court in the Borrower's Chapter 11 Case its Motion Pursuant to Bankruptcy Code Section 1121(d) to Terminate Exclusivity and for Authority to Conduct Bankruptcy Rule 2004 Examinations (the "Bankruptcy Motion") (i) requesting that the Borrower's exclusive solicitation period be terminated and (ii) seeking authorization for the Company to file its own plan of reorganization for the Borrower ("RCPI's Borrower Plan"). RCPI's Borrower Plan shall be in form and substance reasonably acceptable to EOH and the Company. Within ten (10) days after being provided the information requested in the Bankruptcy Motion by the Borrower, the Company shall file a disclosure statement and a motion requesting the Bankruptcy Court to set a hearing on approval of the disclosure statement and authorizing commencement of solicitation of RCPI's Borrower Plan as soon as possible, but in any event so as to allow RCPI's Borrower Plan to become effective during December 1995. RCPI's Borrower Plan shall be filed on a date and in form and substance reasonably satisfactory to EOH, the ▇▇▇▇ Investor Group, NUREIT and the Company. RCPI's Borrower Plan shall include the Investment as contemplated in ARTICLE II hereto. (b) The Company shall not take any material action in connection with the matters described in this SECTION 5.9 without the prior approval of EOH and the ▇▇▇▇ Investor Group, which shall not be unreasonably withheld. The Company and EOH agree that each shall act in good faith and in a reasonable manner in approving and pursuing any alternative to the actions described in this SECTION 5.9 in accordance with SECTION 2.4 hereof.

Bankruptcy Cases. (ai) The Company RCPI has filed with the Bankruptcy Court in the Borrower's Chapter 11 Case its Motion Pursuant to Bankruptcy Code Section 1121(d) to Terminate Exclusivity and for Authority to Conduct Bankruptcy Rule 2004 Examinations (the "Bankruptcy Motion") (ix) requesting that the Borrower's exclusive solicitation period be terminated and (iiy) seeking authorization for the Company RCPI to file its own plan of reorganization for the Borrower. Following a hearing on the Bankruptcy Motion, Borrower has agreed that it will transfer the Property to RCPI pursuant to a chapter 11 plan to be proposed and filed jointly by RGI, Borrower and RCPI in Borrower's Chapter 11 Case (the "RCPI's Borrower PlanJoint Plan for Borrower"). RCPI's Borrower RCPI shall file the Joint Plan for Borrower, which shall be in form and substance reasonably acceptable to EOH and the CompanyParent, as promptly as reasonably practicable. Within ten (10) days after being provided the information requested in the Bankruptcy Motion by the BorrowerIn addition, the Company shall file a disclosure statement and a motion requesting the Bankruptcy Court to set a hearing on approval of the disclosure statement and authorizing commencement of solicitation of RCPI's acceptances of the Joint Plan for Borrower Plan shall be filed as soon as possiblepossible after the filing of the Joint Plan for Borrower and the related disclosure statement, but in any event so as to allow RCPI's the Joint Plan for Borrower Plan to become effective during December 1995. RCPI's Borrower Plan shall be filed on a date and in form and substance reasonably satisfactory to EOHconfirmed by February 29, the ▇▇▇▇ Investor Group, NUREIT and the Company. RCPI's Borrower Plan shall include the Investment as contemplated in ARTICLE II hereto1996. (bii) The Company Except as specifically set forth in subparagraph (h)(i) above with respect to the Bankruptcy Motion or subparagraph (h) (iii) below with respect to "emergency" matters, RCPI shall not file or support any material applications, motions, pleadings, chapter 11 plans, disclosure statements or other documents ("RCPI Pleadings") or take any other material action in connection with (including, without limitation, accepting or approving any chapter 11 plan or affirming or disaffirming any lease or contract) relating to the matters described in Borrower's Chapter 11 Case (it being understood that whether any pleading, document or other action is "material" for purposes of this SECTION 5.9 paragraph shall be reasonably determined by Parent), without the prior approval consent (in writing, to the extent practicable) of EOH and the ▇▇▇▇ Investor Group, Parent (which consent shall not be unreasonably withheld. The Company and EOH agree that each shall act in good faith and in a reasonable manner in approving and pursuing any alternative to the actions described in this SECTION 5.9 in accordance with SECTION 2.4 hereofwithheld or delayed).