Common use of Support of the Plan Clause in Contracts

Support of the Plan. Subject to Section 14 of this Agreement, as long as this Agreement remains in effect, each Consenting Preferred Stockholder will, subject to the provisions of this Agreement, support and, when properly solicited to do so, vote for the Plan. As long as this Agreement remains in effect, each Consenting Preferred Stockholder, in any capacity, whether as a holder of the Preferred Stock or other securities or claims against MIG, shall not (a) oppose the chapter 11 filing; (b) object to confirmation of the Plan or otherwise commence any proceeding to oppose or alter the Plan, (c) vote for, consent to, support or participate in the formulation of any other plan of reorganization or liquidation proposed or filed or to be proposed or filed in any chapter 11 or chapter 7 case commenced in respect of MIG, (d) directly or indirectly seek, solicit, support or encourage any other plan, sale, proposal or offer of dissolution, winding up, liquidation, reorganization, merger or restructuring of MIG or any of its subsidiaries that could reasonably be expected to prevent, delay or impede the successful sale of substantially all of MIG's assets and distribution of the proceeds of such sale as contemplated by the Term Sheet or the Plan, (e) permit any of its subsidiaries, affiliates, officers, directors, employees, members, investment bankers, attorneys, advisors, agents or representatives (collectively, any "Affiliate") (1) to, directly or indirectly, (i) solicit, initiate or encourage the submission of any other plan, (ii) enter into any agreement with respect to any other plan, or (iii) participate in any discussions or negotiations regarding, or furnish to any person any information, with respect to, or take any other action to facilitate any inquiries or the making of any proposal that constitutes, or may be reasonably expected to lead to, any plan other than the Plan, (f) object to the Disclosure Statement or the solicitation of acceptances to the Plan, or (g) take any action, directly or indirectly, with respect to MIG, any of its subsidiaries or otherwise that is inconsistent with, or that would delay confirmation of, the Plan. Without limiting the foregoing, it is understood that any violation of the restrictions set forth in the preceding sentence by any Consenting Preferred Stockholder or any Affiliate, whether or not such Affiliate is purporting to act on behalf of such Consenting Preferred Stockholder, shall be deemed to be a material breach of this Agreement by such Consenting Preferred Stockholder. (1) It is acknowledged by both parties that a person or entity having an investment in a Consenting Preferred Holder will not be deemed an "Affiliate".

Support of the Plan. Subject to Section 14 of this Agreement, as As long as this Agreement remains in effect, each Consenting Preferred Stockholder willParty will (i) use its reasonable best efforts to obtain confirmation of the Plan in accordance with the Bankruptcy Code as expeditiously as possible and (ii) take all necessary and appropriate actions to achieve confirmation including, subject upon approval of the disclosure statement, recommending to the provisions holders of this Agreement, support and, when properly solicited impaired claims and interests that they vote to do so, vote for approve the Plan. As long as this Agreement remains in effect, each Consenting Preferred Stockholder, in any capacity, whether as a holder of the Preferred Stock or other securities or claims against MIG, no Party shall not (a) oppose the chapter 11 filing; (b) object to confirmation of the Plan or otherwise commence any proceeding to oppose or alter the PlanPlan or any other reorganization related documents or agreements (the "Plan Documents"), which shall include but not be limited to any documents or agreements related to the DIP Facility and the Post-Confirmation Commitment to the extent such documents conform to the terms hereof and of the DIP Facility and Post-Confirmation Commitment, (cb) vote for, consent to, support or participate in the formulation of any other plan of reorganization or liquidation proposed or filed or to be proposed or filed in any chapter 11 or chapter 7 case commenced in respect of MIGthe Company, (dc) directly or indirectly seek, solicit, support or encourage any other plan, sale, proposal or offer of dissolution, winding up, liquidation, reorganization, merger or restructuring of MIG the Company or any of its subsidiaries that could reasonably be expected to prevent, delay or impede the successful sale of substantially all of MIG's assets and distribution restructuring of the proceeds of such sale Company as contemplated by the Term Sheet Plan or the PlanPlan Documents, (e) permit any of its subsidiaries, affiliates, officers, directors, employees, members, investment bankers, attorneys, advisors, agents or representatives (collectively, any "Affiliate") (1) to, directly or indirectly, (i) solicit, initiate or encourage the submission of any other plan, (ii) enter into any agreement with respect to any other plan, or (iii) participate in any discussions or negotiations regarding, or furnish to any person any information, with respect to, or take any other action to facilitate any inquiries or the making of any proposal that constitutes, or may be reasonably expected to lead to, any plan other than the Plan, (fd) object to the Disclosure Statement disclosure statement or the solicitation of acceptances consents to the Plan, or (ge) take any action, directly or indirectly, with respect to MIG, any of its subsidiaries or otherwise other action that is inconsistent with, or that would delay confirmation of, the Plan. Without limiting the foregoing, it is understood that any violation of the restrictions set forth in the preceding sentence by any Consenting Preferred Stockholder or any Affiliate, whether or not such Affiliate is purporting to act on behalf of such Consenting Preferred Stockholder, shall be deemed to be a material breach of this Agreement by such Consenting Preferred Stockholder. (1) It is acknowledged by both parties that a person or entity having an investment in a Consenting Preferred Holder will not be deemed an "Affiliate".