Common use of Bankruptcy Acknowledgements Clause in Contracts

Bankruptcy Acknowledgements. The Parties intend that each Transaction shall constitute a “forward contract” under § 101(25) and a swap agreement under § 101(53b) of Title 11 of the United States Code, 11 U.S.C. § 101 et seq., as amended from time to time (the “Bankruptcy Code”), and that this Agreement constitutes a “master netting agreement” under § 101(38a) of the Bankruptcy Code, and that the rights of the Performing Party in Section 9 include the rights referred to in § 561(a) of the Bankruptcy Code. Further, the Parties intend that each Party shall be a “forward contract merchant” under § 101(26) and a “master netting agreement participant” under § 101(38B), for purposes of the Bankruptcy Code.

Appears in 4 contracts

Samples: Leap Master Agreement, Leap Master Agreement, Leap Master Agreement

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Bankruptcy Acknowledgements. The Parties intend that each Transaction shall constitute a “forward contract” under § 101(25) and a swap agreement under § 101(53b) of Title 11 of the United States Code, 11 U.S.C. §§ 101 et seq., as amended from time to time (the “Bankruptcy Code”), and that this Agreement constitutes a “master netting agreement” under § 101(38a) of the Bankruptcy Code, and that the rights of the Performing Party in Section 9 include the rights referred to in § 561(a) of the Bankruptcy Code. Further, the Parties intend that each Party shall be a “forward contract merchant” under § 101(26) and a “master netting agreement participant” under § 101(38B), for purposes of the Bankruptcy Code.

Appears in 3 contracts

Samples: Leap Master Agreement, Leap Master Agreement, Leap Master Agreement

Bankruptcy Acknowledgements. The Parties intend that each Transaction shall constitute a “forward contract” under § 101(25) and a swap agreement under § 101(53b1 01(53b) of Title 11 of the United States Code, 11 U.S.C. § 101 et seq., as amended from time to time (the “Bankruptcy Code”), and that this Agreement constitutes a “master netting agreement” under § 101(38a) of the Bankruptcy Code, and that the rights of the Performing Party in Section 9 include the rights referred to in § 561(a) of the Bankruptcy Code. Further, the Parties intend that each Party shall be a “forward contract merchant” under § 101(26) and a “master netting agreement participant” under § 101(38B), for purposes of the Bankruptcy Code.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Bankruptcy Acknowledgements. The Parties intend that each Transaction shall constitute a “forward contract” under § §101(25) and a swap agreement under § §101(53b) of Title 11 of the United States Code, 11 U.S.C. § 101 et seq., as amended from time to time (the “Bankruptcy Code”), and that this Agreement constitutes a “master netting agreement” under § §101(38a) of the Bankruptcy Code, and that the rights of the Performing Party in Section 9 include the rights referred to in § §561(a) of the Bankruptcy Code. Further, the Parties intend that each Party shall be a “forward contract merchant” under § §101(26) and a “master netting agreement participant” under § §101(38B), for purposes of the Bankruptcy Code.

Appears in 1 contract

Samples: Leap Master Agreement

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Bankruptcy Acknowledgements. The Parties intend that each Transaction this Agreement shall constitute a “forward contract” under § 101(25) and a swap agreement under § 101(53b) of Title 11 of the United States Code, 11 U.S.C. §§ 101 et seq., as amended from time to time (the “Bankruptcy Code”), and that this Agreement constitutes a “master netting agreement” under § 101(38a) of the Bankruptcy Code, and that the rights of the Performing Party in Section 9 8 include the rights referred to in § 561(a) of the Bankruptcy Code. Further, the Parties intend that each Party shall be a “forward contract merchant” under § 101(26) and a “master netting agreement participant” under § 101(38B), for purposes of the Bankruptcy Code.

Appears in 1 contract

Samples: Single Trade Agreement

Bankruptcy Acknowledgements. The Parties intend that each Transaction shall constitute a “forward contract” under § 101(25) and a swap agreement under § 101(53b) of Title 11 of the United States Code, 11 U.S.C. §§ 101 et seq., as amended from time to time (the “Bankruptcy Code”), and that this Agreement constitutes a “master netting agreement” under § 101(38a) of the Bankruptcy Code, and that the rights of the Performing Party in Section 9 8 include the rights referred to in § 561(a) of the Bankruptcy Code. Further, the Parties intend that each Party shall be a “forward contract merchant” under § 101(26) and a “master netting agreement participant” under § 101(38B), for purposes of the Bankruptcy Code.

Appears in 1 contract

Samples: Leap Master Agreement

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