Contrary to plaintiffs' assertion, none of the agreements at issue barred defendants from participating in debtor-in-possession financing for Solidus Networks, Inc. (Solidus), and in that new capacity seeking superpriority of the new indebtedness over unsecured claims. Plaintiffs point to only one specific contract provision, which is in the consent agreement. However, plaintiffs are not party to the consent agreement, which was only between defendants and Solidus. Because...
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