Enforceability of Agreement. Each of the Parties to the extent enforceable waives any right to assert that the exercise of termination rights under this Agreement is subject to the automatic stay provisions of the Bankruptcy Code, and expressly stipulates and consents hereunder to the prospective modification of the automatic stay provisions of the Bankruptcy Code for purposes of exercising termination rights under this Agreement, to the extent the Bankruptcy Court determines that such relief is required.
Appears in 59 contracts
Sources: Restructuring Support Agreement (Cutera Inc), Transaction Support Agreement (Container Store Group, Inc.), Restructuring Support Agreement (Vertex Energy Inc.)
Enforceability of Agreement. Each of the Parties to the extent enforceable waives any right to assert that the exercise of termination rights under this Agreement is subject to the automatic stay provisions of the Bankruptcy Code, and expressly stipulates and consents hereunder to the prospective modification of the automatic stay provisions of the Bankruptcy Code for purposes of exercising termination rights under this Agreement, to the extent the Bankruptcy Court determines that such relief is required.
Appears in 9 contracts
Sources: Restructuring Support Agreement (Enviva Inc.), Restructuring Support Agreement, Backstop Commitment Agreement (Party City Holdco Inc.)
Enforceability of Agreement. Each of the Parties Parties, to the extent enforceable enforceable, waives any right to assert that the exercise of termination rights under this Agreement is subject to the automatic stay provisions of the Bankruptcy Code, and expressly stipulates and consents hereunder to the prospective modification of the automatic stay provisions of the Bankruptcy Code for purposes of exercising termination rights under this Agreement, to the extent the Bankruptcy Court determines that such relief is required.
Appears in 4 contracts
Sources: Confidentiality Agreement, Plan Support Agreement (Amyris, Inc.), Restructuring Support Agreement (Washington Prime Group, L.P.)
Enforceability of Agreement. Each of the Parties Parties, to the extent enforceable applicable and enforceable, waives any right to assert that the exercise of termination rights under this Agreement is subject to the automatic stay provisions of the Bankruptcy CodeCode or any similar provision in any applicable Proceeding, and expressly stipulates and consents hereunder to the prospective modification of the automatic stay such provisions of the Bankruptcy Code for purposes of exercising termination rights under this Agreement, to the extent the Bankruptcy Court that a court with proper jurisdiction determines that such relief is required.
Appears in 3 contracts
Sources: Restructuring Support Agreement (Ayr Wellness Inc.), Restructuring Support Agreement (Medicine Man Technologies, Inc.), Restructuring Support Agreement (Ayr Wellness Inc.)
Enforceability of Agreement. Each of the Parties to the extent enforceable waives any right to assert that the exercise of termination rights under this Agreement is subject to the automatic stay provisions of the Bankruptcy Code, and expressly stipulates and consents hereunder to the prospective modification of the automatic stay provisions of the Bankruptcy Code for purposes of exercising termination rights under this Agreement, to the extent the Bankruptcy Court determines that such relief is required; provided that nothing herein shall prejudice any Party’s rights to argue that the exercise of termination rights was not proper under the terms of this Agreement.
Appears in 3 contracts
Sources: Transaction Support Agreement (XBP Europe Holdings, Inc.), Restructuring Support Agreement (View, Inc.), Restructuring Support Agreement (Akumin Inc.)
Enforceability of Agreement. Each of the Parties to the extent enforceable waives any right to assert that the exercise of termination rights under this Agreement is subject to the automatic stay provisions of the Bankruptcy Code, Code and expressly stipulates and consents hereunder to the prospective modification of the automatic stay provisions of the Bankruptcy Code for purposes of exercising termination rights under this Agreement, to the extent the Bankruptcy Court determines that such relief is required.
Appears in 2 contracts
Sources: Restructuring Support Agreement (QualTek Services Inc.), Restructuring Support Agreement (GTT Communications, Inc.)
Enforceability of Agreement. Each of the Parties Parties, to the fullest extent enforceable permitted by law, waives any right to assert that the exercise of termination rights under this Agreement is subject to the automatic stay provisions of the Bankruptcy Code, and expressly stipulates and consents hereunder to the prospective modification of the automatic stay provisions of the Bankruptcy Code for purposes of exercising termination rights under this Agreement, to the extent the Bankruptcy Court determines that such relief is required.
Appears in 2 contracts
Sources: Restructuring Support Agreement (Airspan Networks Holdings Inc.), Restructuring Support Agreement (Party City Holdco Inc.)
Enforceability of Agreement. Each of the Parties Parties, to the fullest extent enforceable permitted by Law, waives any right to assert that the exercise of termination rights under this Agreement is subject to the automatic stay provisions of the Bankruptcy Code, Code and expressly stipulates and consents hereunder to the prospective modification of the automatic stay provisions of the Bankruptcy Code for purposes of exercising termination rights under this Agreement, to the extent the Bankruptcy Court determines that such relief is required.
Appears in 1 contract
Sources: Restructuring Support Agreement (SVB Financial Group)
Enforceability of Agreement. Each of the Parties to the extent enforceable waives any right to assert that the exercise of termination rights granted under this Agreement (including any termination right) is subject to the automatic stay provisions of the Bankruptcy Code, and expressly stipulates and consents hereunder to the prospective modification of the automatic stay provisions of the Bankruptcy Code for purposes of exercising termination rights granted under this Agreement, to the extent the Bankruptcy Court determines that such relief is required.
Appears in 1 contract
Sources: Restructuring Support Agreement (CURO Group Holdings Corp.)
Enforceability of Agreement. Each of the Parties to the extent enforceable waives any right to assert that the exercise of termination rights under this Agreement is subject to the automatic stay provisions of the Bankruptcy Code, and expressly stipulates and consents hereunder to the prospective modification of the automatic stay provisions of the Bankruptcy Code for purposes of exercising termination rights under this Agreement, to the extent the Bankruptcy Court determines that such relief is required.
Appears in 1 contract
Enforceability of Agreement. Each of the Parties to the extent enforceable waives any right to assert that the exercise of termination rights under this Agreement is subject to the automatic stay provisions provision of the Bankruptcy Code, and expressly stipulates and consents hereunder to the prospective modification of the automatic stay provisions of the Bankruptcy Code for purposes of exercising termination rights under this Agreement, to the extent the Bankruptcy Court determines that such relief is required.
Appears in 1 contract
Sources: Restructuring Support Agreement (Hospitality Investors Trust, Inc.)
Enforceability of Agreement. Each of the Parties to the fullest extent enforceable permitted by Law waives any right to assert that the exercise of termination rights under this Agreement is subject to the automatic stay provisions of the Bankruptcy Code, and expressly stipulates and consents hereunder to the prospective modification of the automatic stay provisions of the Bankruptcy Code for purposes of exercising termination rights under this Agreement, to the extent the Bankruptcy Court determines that such relief is required.
Appears in 1 contract
Enforceability of Agreement. Each of the Parties to the extent enforceable waives any right to assert that the exercise of termination rights under this Agreement is subject to the automatic stay provisions of the Bankruptcy Code, Code and expressly stipulates and consents hereunder to the prospective modification of the automatic stay provisions of the Bankruptcy Code for purposes of exercising termination rights under this Agreement, to the extent that the Bankruptcy Court determines that such relief is required.
Appears in 1 contract
Sources: Restructuring Support Agreement (Martin Midstream Partners L.P.)
Enforceability of Agreement. Each of the Parties Parties, to the extent enforceable enforceable, waives any right to assert that the exercise of termination of rights under this Agreement is subject to the automatic stay provisions of the Bankruptcy Code, and expressly stipulates and consents hereunder to the prospective modification of the automatic stay provisions of the Bankruptcy Code for purposes of exercising termination rights under this Agreement, to the extent the Bankruptcy Court determines that such relief is required.
Appears in 1 contract
Enforceability of Agreement. Each of the Parties to the extent enforceable waives any right to assert that the notice or exercise of termination rights under this Agreement is subject to the automatic stay provisions of the Bankruptcy Code, and expressly stipulates and consents hereunder to the prospective modification of the automatic stay provisions of the Bankruptcy Code for purposes of exercising notice and termination rights under this Agreement, to the extent the Bankruptcy Court determines that such relief is required.
Appears in 1 contract
Sources: Restructuring Support Agreement (Frontier Communications Corp)
Enforceability of Agreement. Each of the Parties to the extent enforceable waives any right to assert that the exercise of termination rights under this Agreement is subject to the automatic stay provisions of the Bankruptcy Code, and expressly stipulates and consents hereunder to the prospective modification of the automatic stay provisions of the Bankruptcy Code solely for purposes of exercising termination rights under this Agreement, to the extent the Bankruptcy Court determines that such relief is required. 17.13.
Appears in 1 contract
Sources: Restructuring Support Agreement (Ascent Capital Group, Inc.)