GM Settlement Sample Clauses
The GM Settlement clause outlines the terms and conditions under which disputes or claims involving General Motors (GM) are resolved between the parties. Typically, this clause specifies the procedures for negotiating, mediating, or otherwise settling any outstanding issues related to GM, such as warranty claims, product liability, or contractual disagreements. By establishing a clear process for settlement, the clause helps prevent prolonged litigation and ensures that both parties have a defined path to resolve conflicts efficiently and fairly.
GM Settlement. The Company has delivered to ADAH and it▇ ▇▇unsel a copy of the Global Settlement Agreement between the Company and GM dated September 6, -10- 2007, the Master Restructuring Agreement between the Company and GM, dated September 6, 2007 each as amended by amendments (the "GM Amendments") dated as of December 7, 2007 (collectively, the "GM Settlement"). Other than the GM Amendments, the Company shall not enter into any other agreement with GM that (i) is materially inconsistent with this Agreement and the Plan, (ii) is outside the ordinary course of business or (iii) the terms of which would have a material impact on the Investors' proposed investment in the Company. The Company has not entered into any material written agreements between or among the Company or any of its Subsidiaries and GM or any of its Subsidiaries directly relating to the Plan or the GM Settlement or the performance of the Transaction Agreements, and any such written agreements hereafter entered into will be disclosed promptly to ADAH.".
(ii) Section 5(s) of the EPCA is hereby amended and restated in its entirety as follows:
GM Settlement. The Company shall use its reasonable best efforts to agree on, prior to January 31, 2007, a settlement agreement (the "GM Settlement") between the Company and GM that is consistent with this Agreement, the PSA and the Plan, and satisfactory to each of ADAH and Dolce in its sole discretion. The Company will (▇) provide to the Investors and their respective counsel a copy of the GM Settlement and a reasonable opportunity to review and comment on such documents prior to such documents being executed or delivered or filed with the Bankruptcy Court, and (ii) duly consider in good faith any comments of each of ADAH and Dolce and their respective counsel consistent with this Agreement, the Preferred Term Sheet and the PSA and any other reasonable comments of each of the Investors and their respective counsel, and shall not reject such comments without first discussing the reasons therefor with ADAH and Dolce or their counsel and giving due consider▇▇▇▇n to the views of ADAH and Dolce and their counsel. The Company shall not ▇▇▇er into any other agreement with GM that (i) is materially inconsistent with this Agreement, the PSA and the Plan, (ii) is outside the ordinary course of business or (iii) the terms of which would have a material impact on the Investors' proposed investment in the Company.
GM Settlement. Each of A▇▇▇ and Dolce shall have approved in its sole discretion the GM Settlement prior to its filing with the Bankruptcy Court. The GM Settlement shall remain in full force and effect and shall not have been rescinded, terminated, challenged or repudiated by any party thereto and shall not have been amended in any manner that is not acceptable to each of A▇▇▇ and Dolce in its sole discretion. The parties to the GM Settlement shall have performed and complied with all of their respective covenants and agreements contained in the GM Settlement in all material respects through the Closing Date.
GM Settlement. The Company shall use its reasonable best efforts to agree on, prior to the date of filing by the Company with the Bankruptcy Court of a Disclosure Statement (the "Disclosure Statement Filing Date"), a settlement agreement (the "GM Settlement") between the Company and GM that is consistent with this Agreement, the Plan Terms, the Plan and the UAW MOU. The Company will (i) provide to ADAH and its counsel a copy of the GM Settlement and a r▇▇▇▇nable opportunity to review and comment on such documents prior to such documents being executed or delivered or filed with the -44- Bankruptcy Court, and (ii) duly consider in good fa▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇ ▇DAH and its counsel consistent with this Agreement, the Preferred Term Sheet and the Plan Terms and any other reasonable comments of each of ADAH and its counsel, and shall not reject such comments ▇▇▇hout first discussing the reasons therefor with ADAH or its counsel and giving due consideration to the ▇▇▇▇s of ADAH and its counsel. The Company shall not enter into a▇▇ ▇ther agreement with GM that (i) is materially inconsistent with this Agreement, the Plan Terms and the Plan, (ii) is outside the ordinary course of business or (iii) the terms of which would have a material impact on the Investors' proposed investment in the Company. The Company has not entered into any material written agreements between or among the Company or any of its Subsidiaries and GM or any of its Subsidiaries directly relating to the Plan or the GM Settlement or the performance of the Transaction Agreements, and any such written agreements hereafter entered into will be disclosed promptly to ADAH.
GM Settlement. The Company shall, as soon as practicable and, in any case, not later than the Disclosure Statement Filing Date, agree on, and provide copies to the Investor and Highland Capital of, a settlement agreement (the “GM Settlement”) between the Company and GM. At least ten (10) days prior to the execution of the GM Settlement, the Company will provide to the Investor, Highland Capital and their counsel a reasonable opportunity to review and comment on the GM Settlement or any amendment thereto prior to such execution, delivery or filing with the Bankruptcy Court. Without limiting the foregoing, it is understood that the Company shall not enter into any other agreement with GM that is materially inconsistent with this Agreement, the PFTS, the Plan and the GM Settlement.
GM Settlement. The Company shall use its reasonable best efforts to agree on, prior to the date of filing by the Company with the Bankruptcy Court of a Disclosure Statement (the “Disclosure Statement Filing Date”), a settlement agreement (the “GM Settlement”) between the Company and GM that is consistent with this Agreement, the Plan Terms, the Plan and the UAW MOU. The Company will (i) provide to A▇▇▇ and its counsel a copy of the GM Settlement and a reasonable opportunity to review and comment on such documents prior to such documents being executed or delivered or filed with the Bankruptcy Court, and (ii) duly consider in good faith any comments of A▇▇▇ and its counsel consistent with this Agreement, the Preferred Term Sheet and the Plan Terms and any other reasonable comments of each of A▇▇▇ and its counsel, and shall not reject such comments without first discussing the reasons therefor with A▇▇▇ or its counsel and giving due consideration to the views of A▇▇▇ and its counsel. The Company shall not enter into any other agreement with GM that (i) is materially inconsistent with this Agreement, the Plan Terms and the Plan, (ii) is outside the ordinary course of business or (iii) the terms of which would have a material impact on the Investors’ proposed investment in the Company. The Company has not entered into any material written agreements between or among the Company or any of its Subsidiaries and GM or any of its Subsidiaries directly relating to the Plan or the GM Settlement or the performance of the Transaction Agreements, and any such written agreements hereafter entered into will be disclosed promptly to A▇▇▇.
GM Settlement. Each of ADAH and Dolce shall have approved in its sole discreti▇▇ ▇he GM Settlement prior to its filing with the Bankruptcy Court. The GM Settlement shall remain in full force and effect and shall not have been rescinded, terminated, challenged or repudiated by any party thereto and shall not have been amended in any manner that is not acceptable to each of ADAH and Dolce in its sole discretion. The parties to t▇▇ ▇M Settlement shall have performed and complied with all of their respective covenants and agreements contained in the GM Settlement in all material respects through the Closing Date.