Special Bankruptcy Provision. Because of the importance of this Agreement in promoting the goals of the Efficient Use of Energy Act, it is agreed that in the event Comverge should ever seek protection under the provisions of the bankruptcy laws of the United States or under any insolvency act of any state, and Comverge or its representative trustee considers whether to assume or reject this Agreement under such bankruptcy law provisions, the appropriate standard to apply in consideration of rejection is a standard more rigorous than the usual business judgment standard, such more rigorous standard being appropriate to balance the burdens to the bankruptcy estate against the impact on New Mexico electric ratepayers; and in such consideration, to give equal or greater weight to the public interest in the adequate, efficient and reasonable provision of electric utility service at just and reasonable rates, including the effect that a rejection of this Agreement would have on New Mexico electric ratepayers.
Special Bankruptcy Provision. Because of the importance of this Agreement in promoting the goals of the Energy Independence Act, it is agreed that in the event AER should ever seek protection under the provisions of the bankruptcy laws of the United States or under any insolvency act of any state, and AER or its representative trustee considers whether to assume or reject this Agreement under such bankruptcy law provisions, the appropriate standard to apply in consideration of rejection is a standard more rigorous than the usual business judgment standard, such more rigorous standard being appropriate to balance the burdens to the bankruptcy estate against the impact on Connecticut electric ratepayers; and in such consideration, to give equal or greater weight to the public interest in the adequate, efficient and reasonable provision of electric utility service at just and reasonable rates, including the effect that a rejection of this Agreement would have on Connecticut electric ratepayers.
Special Bankruptcy Provision. If Tenant becomes a debtor within the meaning of the Bankruptcy Reform Act of 1978, as the same may be front time to time amended (the “Bankruptcy Code”), and, notwithstanding any other provision of the Lease, this Lease and Landlord’s and Tenant’s rights thereunder are then made subject to said Bankruptcy Code. It is covenanted and agreed that the failure of Tenant or its representative duly appointed in accordance with said Bankruptcy Code to (i) provide Landlord with adequate assurance that all of Tenant’s obligations under this Lease shall continue to be fully complied with for the remaining term of this Lease, or (ii) furnish accurate information and adequate assurances to the source of rent and other consideration due to Landlord under this Lease, or (iii) conduct or have conducted at the Leased Premises Tenant’s business and use as expressly provided in this Lease, shall in any of such events be deemed an Event of Default. However, notwithstanding any other provisions contained in this Lease, in the event (a) Tenant or its successors or assignees shall become insolvent or bankrupt, or if it or their interests under this Lease shell be levied upon or sold under execution or other legal process, or (b) the depository institution then operating on the Leased Premises is closed, or is taken over by any depository institution supervisory authority (“Authority”), Lessor may, in either such event terminate this Lease only with the concurrence of any Receiver or Liquidator appointed by such Authority; provided, that in the event this Lease is terminated by the receiver or Liquidator, the maximum claim of Lessor for rent, damages, or indemnity for injury resulting from the termination, rejection or abandonment of the unexpired Lease shall by law in no event be in an amount equal to all accrued and unpaid rent to the date of termination.
Special Bankruptcy Provision. 6.1 CompuMed agrees that the Technology License constitutes a license to "intellectual property", as defined in Section 101(56) of the United States Bankruptcy Code, 11 U.S.C. 1 et. seq. (the "Bankruptcy Code"). -- --- Consequently, CompuMed acknowledges that if CompuMed as a debtor in possession (or a trustee for CompuMed) in a case under the Bankruptcy Code, rejects the Technology License, Merck may elect to retain its rights under this Agreement to the Technology License as provided in Section 365(n) of the Bankruptcy Code.
Special Bankruptcy Provision. Because of the importance of this Agreement, it is agreed that in the event Comverge should ever seek protection under the provisions of the bankruptcy laws of the United States or under any insolvency act of any state, and Comverge or its representative trustee considers whether to assume or reject this Agreement under such bankruptcy law or insolvency act provisions, the appropriate standard to apply in consideration of rejection is a standard more rigorous than the usual business judgment standard, such more rigorous standard being appropriate to balance the burdens to the bankruptcy estate against the impact on NPC electric ratepayers; and in such consideration, to give equal or greater weight to the public interest in the adequate, efficient and reasonable provision of electric utility service at just and reasonable rates, including the effect that a rejection of this Agreement would have on NPC electric ratepayers.
