Not a Solicitation. This Agreement does not constitute (a) an offer for the purchase, sale, exchange, hypothecation, or other transfer of securities for purposes of the Securities Act of 1933 and the Securities Exchange Act of 1934, or (b) a solicitation of votes on a chapter 11 plan of reorganization for purposes of the Bankruptcy Code.
Appears in 6 contracts
Samples: Restructuring Support Agreement (Bally Total Fitness Holding Corp), Restructuring Support Agreement (Bally Total Fitness Holding Corp), Restructuring Support Agreement (Liberation Investment Group LLC)
Not a Solicitation. This Agreement does not constitute (a) an offer for the purchase, sale, exchange, hypothecation, or other transfer of securities for purposes of the Securities Act of 1933 and the Securities Exchange Act of 1934, or (b) a solicitation of votes on a chapter 11 plan of reorganization for purposes of the Bankruptcy Code. Votes from the Consenting Noteholders will not be solicited until they have received a Disclosure Statement and related Ballot in accordance with section 1125(b) or 1126(b), as applicable, of the Bankruptcy Code.
Appears in 2 contracts
Samples: Plan Support Agreement (Usec Inc), Plan Support Agreement (Usec Inc)
