Common use of Bankruptcy Acknowledgements Clause in Contracts

Bankruptcy Acknowledgements. The Parties intend and agree that (i) this Agreement and each Other Commodity Agreement shall constitute a “forward contract” under section 101(25) and a “swap agreement” under section 101(53B) of the Bankruptcy Code, protected by, inter alia, section 556 and section 560 of the Bankruptcy Code, (ii) this Agreement constitutes a master netting agreement under section 101(38A) of the Bankruptcy Code, and (iii) the rights of the Parties set forth in Section 19 include the rights referred to in section 561(a) of the Bankruptcy Code.