The Parties agree that money damages would be an insufficient remedy for any breach of this Agreement by any Party and each non-breaching Party shall be entitled to specific performance and injunctive or other equitable relief, plus attorneys’ fees and costs related to seeking such relief, as a remedy of any such breach, including an order of the Bankruptcy Court or other court of competent jurisdiction requiring any Party to comply promptly with any of its obligations hereunder, and each Party agrees to waive any requirement for the securing or posting of a bond in connection with such remedy. The Parties agree that money damages shall be awarded only in a case where a court of competent jurisdiction shall have determined that, notwithstanding the Parties’ intention for specific performance and injunctive or other equitable relief to be the only applicable remedy with respect to any breach hereunder, such remedy is not available or otherwise will not be granted as a remedy; provided that in no event will any Party be liable for monetary damages (including consequential, special, indirect or punitive damages or damages for lost profits) in excess of (a) with respect to a Backstop Participant, the Backstop Commitment of such Backstop Participant and (b) with respect to the Company, the aggregate amount of the Backstop Commitments of the Backstop Participants.