ICG. No consent, authorization or filing with the bankruptcy court is required under the Bankruptcy Code for the HMTF ICG Entities to enter into the Agreement or consummate the transactions contemplated hereby. The parties hereto agree that any injunction or other order (other than an injunction or other order issued for failure to obtain a consent or authorization of the bankruptcy court or make a filing therewith, in each case, known by each such HMTF ICG Entity to have been required, with respect to the transactions contemplated hereby but not excluding an injunction or other order issued for failure to obtain a consent or authorization required under the Bankruptcy Code) by any court pursuant to the Bankruptcy Code with respect to the transactions contemplated by this Agreement and issued after the date hereof shall not constitute a breach of the representation contained in this Section 4.13 of this Agreement, but in such event the parties shall make such appropriate equitable adjustments, which shall include in appropriate circumstances rescission of the transactions contemplated hereby, as are necessary to reflect such injunction or order. The Company acknowledges that the HMTF ICG Entities did not file a Proof of Claim in the ICG bankruptcy case.
ICG. No consent, authorization or filing with the bankruptcy court is required for TP Management to enter into the Agreement or consummate the transactions contemplated hereby.
