Common use of Plan Support Clause in Contracts

Plan Support. Provided that Atlas’s Plan provides for the assumption of this Agreement and the implementation of the transaction regarding the purchase and sale of the OP Interests on the terms and conditions provided herein, FINOVA agrees: (a) not to file any objection to the Plan based on the proposed amendments to the Equipment Notes or the Operative Agreements; (b) to vote any claims it may have in favor of the Plan and oppose all competing Chapter 11 plans; (c) not to grant or cause to be granted to any other person or entity any proxy to vote with respect to the Plan; (d) not to directly or indirectly take any action (including as a member of any creditors committee), solicit, initiate, fund, or encourage any competing Chapter 11 plan that may interfere with or be inconsistent with the Plan; (e) not to object to the extension of any exclusive period under 11 U.S.C. §1121 necessary to obtain confirmation of the Plan during such extended exclusive period; and (f) perform its obligations hereunder and support the implementation of the transaction described herein and Atlas’s proposed restructuring.