Common use of Automatic Stay Clause in Contracts

Automatic Stay. The parties hereto acknowledge that after the commencement of the Chapter 11 Case, the giving of notice or termination by any party pursuant to this Agreement shall not be a violation of the automatic stay of section 362 of the Bankruptcy Code; provided, however, nothing herein shall prejudice any party’s rights to argue that the giving of notice of termination was not proper under the terms of this Agreement.

Appears in 2 contracts

Samples: Restructuring Support Agreement (Spectrum Brands, Inc.), Plan Support and Lock Up Agreement (Cross Canyon Energy Corp.)

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Automatic Stay. The parties hereto Xxxxxx Parties and the ACG Parties acknowledge that after the commencement of the Xxxxxx Chapter 11 CaseCases or the ACG Chapter 11 Cases, the giving of notice or of termination by any party Party pursuant to this Agreement shall not be a violation of the automatic stay of section 362 of the Bankruptcy Code; provided, however, nothing herein shall prejudice any partyParty’s rights to argue that the giving of notice of termination was not proper under the terms of this Agreement.

Appears in 1 contract

Samples: Restructuring and Lock Up Agreement (Vertis Inc)

Automatic Stay. The parties hereto Memorial Parties acknowledge and agree that after the commencement of the Chapter 11 CaseCases, the giving of notice or of termination by any party Party pursuant to this Plan Support Agreement shall not be a violation of the automatic stay of section 362 of the Bankruptcy Code; provided, however, provided that nothing herein shall prejudice any partyParty’s rights to argue that the giving of notice of termination was not proper under the terms of this Plan Support Agreement.

Appears in 1 contract

Samples: Plan Support Agreement (Memorial Production Partners LP)

Automatic Stay. The parties hereto Debtors acknowledge that after the commencement of the Chapter 11 Case, the giving of notice or of termination by any party Party pursuant to this Agreement shall not be a violation of the automatic stay of section 362 of the Bankruptcy Code; provided, however, nothing herein shall prejudice any party’s rights to argue that the giving of notice of termination was not proper under the terms of this Agreement.

Appears in 1 contract

Samples: Plan Support Agreement (Apex Silver Mines LTD)

Automatic Stay. The parties hereto acknowledge General Moly acknowledges that after the commencement of the Chapter 11 Case, the giving of notice or of termination by any party Party pursuant to this Agreement shall not be a violation of the automatic stay of section 362 of the Bankruptcy Code; provided, however, provided that nothing herein shall prejudice any party’s Party's rights to argue that the giving of notice of termination was not proper under the terms of this Agreement.

Appears in 1 contract

Samples: Restructuring Support Agreement (General Moly, Inc)

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Automatic Stay. The parties hereto Obligors acknowledge and agree that after the commencement of the Chapter 11 CaseCases, the giving of notice of default or termination by any party pursuant to this Agreement Agreement, or any step(s) taken in accordance with section 2.06 hereof, shall not be a violation of the automatic stay of under section 362 of the Bankruptcy Code; provided, however, nothing herein Code and the Obligors shall prejudice not take any party’s rights to argue that the giving of notice of termination was not proper under the terms of this Agreementaction inconsistent with such acknowledgement and agreement.

Appears in 1 contract

Samples: Foreign Guarantors Agreement (Toys R Us Inc)

Automatic Stay. The parties hereto Parties acknowledge that after the commencement of the Chapter 11 CaseCases, the termination of this Agreement and the giving of notice or of termination by any party Party pursuant to this Agreement shall not be a violation of the automatic stay of section 362 of the Bankruptcy CodeCode subject to the terms of any order authorizing the assumption of this Agreement; provided, however, that nothing herein shall prejudice any partyParty’s rights to argue that the giving of notice of termination was not proper under the terms of this Agreement.

Appears in 1 contract

Samples: Restructuring Support Agreement (Seventy Seven Energy Inc.)

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