BANKRUPTCY PROTECTIONS. A. Tenant warrants and represents that it is solvent as of the date hereof and that this Lease and the sale/leaseback of which it is a part shall not render Tenant insolvent. Tenant warrants and represents that there is no monetary or other material default existing under any of its corporate level indebtedness or under any of its or its subsidiaries' leases. Tenant warrants and represents that this transaction is a bona fide third party transaction and is being made for fair value. Tenant warrants and represents that this transaction is a bona fide sale-leaseback transaction and does not constitute a joint venture, partnership or mortgage/lending relationship.
BANKRUPTCY PROTECTIONS. The Parties acknowledge and agree that any [**] entered into in accordance with Section 2(a) of this Agreement will be an [**] under Section [**] of the [**]. The Parties further acknowledge and agree that, in the event that Navitor becomes a debtor in bankruptcy and it or its trustee rejects such [**], Supernus may elect to treat the [**] as terminated by such rejection to the extent provided in Section 365(n)(l)(A) or retain [**] (including a [**] to enforce any [**] but excluding any other [**] under applicable non-bankruptcy law to specific performance) and any agreement supplementary to the [**], as such [**] existed immediately before the bankruptcy case commenced, for the duration of the [**] and any period for which the [**] may be extended under applicable non-bankruptcy law. Moreover, in the event this Agreement is rejected by Navitor or its bankruptcy trustee in a bankruptcy case in which Navitor is the debtor, following such rejection, Navitor irrevocably consents to termination of the automatic stay to the extent necessary to enable Supernus to exercise its Section 365(n) rights relating to this Agreement, any [**] rejected in connection with the rejection of this Agreement, and any [**] to this Agreement or to a [**] rejected in connection with the rejection of this Agreement.
BANKRUPTCY PROTECTIONS. A. Tenant warrants and represents that this transaction is a bona fide third party transaction and is being made for fair value. Tenant warrants and represents that this transaction is a bona fide sale-leaseback transaction and does not constitute a joint venture, partnership or mortgage/lending relationship.
BANKRUPTCY PROTECTIONS. All rights and licenses granted pursuant to any section of this Agreement are rights and licenses to “intellectual property” (as defined in Section 101(35A) of title 11 of the United States Code (the “Bankruptcy Code”)). Each Party shall retain and may fully exercise all of its rights and elections under the Bankruptcy Code. The Parties further agree that, in the event of the commencement of a bankruptcy proceeding by or against a Party or its Affiliates under the Bankruptcy Code or analogous provisions of applicable law outside the United States, the other Party, as a licensee under such bankrupt Party’s intellectual property, shall be entitled to a complete duplicate of (or complete access to, as appropriate) such intellectual property and all embodiments of such intellectual property, which, if not already in such licensee Party’s possession, shall be promptly delivered to it upon such licensee Party’s request therefor.
BANKRUPTCY PROTECTIONS. The Borrowers will not seek, consent, suffer to exist any of the following:
BANKRUPTCY PROTECTIONS. (a) Notwithstanding any provision in the Services Agreement to the contrary, in the event of the rejection of the Services Agreement by operation of law or by a receiver of the Borrower or otherwise pursuant to bankruptcy, concurso mercantil, insolvency or any other proceedings of similar nature or in the event the Services Agreement is terminated for any other reason (other than as a result of a default thereunder which was curable hereunder or thereunder and which was not appropriately cured as provided herein or therein), at the request of either Collateral Agent, the Company will enter into a new agreement with the applicable Collateral Agent(s) or with the nominee(s) thereof, for the remainder of the originally scheduled term of the Services Agreement, effective as of the date of such rejection, with the same covenants, agreements, terms, provisions and limitations as are contained in the Services Agreement.
