Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation is not intended to convey to Dealer rights against Counterparty with respect to the Transaction that are senior to the claims of common stockholders of Counterparty in any United States bankruptcy proceedings of Counterparty; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to the Transaction; provided, further, that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.
Appears in 226 contracts
Samples: Letter Agreement (Spectrum Pharmaceuticals Inc), Letter Agreement (Wayfair Inc.), Letter Agreement (INPHI Corp)
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation is not intended to convey to Dealer rights against Counterparty Company with respect to the Transaction that are senior to the claims of common stockholders of Counterparty Company in any United States bankruptcy proceedings of CounterpartyCompany; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty Company of its obligations and agreements with respect to the Transaction; provided, further, that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.
Appears in 200 contracts
Samples: Letter Agreement (Amag Pharmaceuticals Inc.), Letter Agreement (Integra Lifesciences Holdings Corp), Letter Agreement (World Wrestling Entertainmentinc)
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation is not intended to convey to Dealer rights against Counterparty with respect to the Transaction that are senior to the claims of common stockholders of Counterparty in any United States bankruptcy proceedings of Counterparty; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to the Transaction; provided, further, provided further that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.
Appears in 134 contracts
Samples: Purchase Agreement (I3 Verticals, Inc.), Letter Agreement (Integer Holdings Corp), Purchase Agreement (Uniti Group Inc.)
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation is not intended to convey to Dealer rights against Counterparty with respect to the Transaction that are senior to the claims of common stockholders of Counterparty in any United States bankruptcy proceedings of Counterparty; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to the Transaction; provided, further, further that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.
Appears in 114 contracts
Samples: Purchase Agreement (MP Materials Corp. / DE), Letter Agreement (SM Energy Co), Letter Agreement (Kosmos Energy Ltd.)
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation is not intended to convey to Dealer rights against Counterparty Company with respect to the Transaction that are senior to the claims of common stockholders of Counterparty Company in any United States bankruptcy proceedings of CounterpartyCompany; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty Company of its obligations and agreements with respect to the Transaction; provided, further, provided further that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.
Appears in 29 contracts
Samples: Letter Agreement (Atlas Air Worldwide Holdings Inc), Letter Agreement (Spectrum Pharmaceuticals Inc), Letter Agreement (Atlas Air Worldwide Holdings Inc)
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation is not intended to convey to Dealer rights against Counterparty with respect to the Transaction that are senior to the claims of common stockholders ordinary shareholders of Counterparty in any United States bankruptcy proceedings of Counterparty; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to the Transaction; provided, further, further that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.
Appears in 26 contracts
Samples: Letter Agreement (Wix.com Ltd.), Letter Agreement (Wix.com Ltd.), Letter Agreement (Wix.com Ltd.)
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation is not intended to convey to Dealer rights against Counterparty with respect to the Transaction that are senior to the claims of common stockholders of Counterparty in any United States bankruptcy proceedings of Counterparty; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to the TransactionTransaction other than during any such bankruptcy proceedings; provided, further, provided that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.
Appears in 19 contracts
Samples: Letter Agreement (AOL Inc.), Separate Agreement (AOL Inc.), Letter Agreement (AOL Inc.)
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation is not intended to convey to Dealer rights against Counterparty with respect to the Transaction that are senior to the claims of common stockholders of Counterparty in any United States bankruptcy proceedings of Counterparty; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to the TransactionTransaction other than during any such bankruptcy proceedings; provided, further, provided further that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.
Appears in 18 contracts
Samples: Red Hat Inc, Ionis Pharmaceuticals Inc, Ezcorp Inc
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation is not intended to convey to Dealer rights against Counterparty Company with respect to the Transaction that are senior to the claims of common stockholders of Counterparty Company in any United States bankruptcy proceedings of CounterpartyCompany; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty Company of its obligations and agreements with respect to the TransactionTransaction other than during any such bankruptcy proceedings; provided, further, provided further that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.
Appears in 16 contracts
Samples: Letter Agreement (Red Hat Inc), Letter Agreement (Ezcorp Inc), Letter Agreement (Ezcorp Inc)
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation is not intended to convey to Dealer rights against Counterparty with respect to the Transaction transactions contemplated hereby that are senior to the claims of common stockholders of Counterparty in any United States U.S. bankruptcy proceedings of Counterparty; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to this Confirmation and the TransactionAgreement; provided, further, and provided further that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions transaction other than the Transaction.
Appears in 15 contracts
Samples: Sales Agency Agreement (Dominion Energy, Inc), Letter Agreement (Duke Energy CORP), Letter Agreement (Duke Energy CORP)
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation is not intended to convey to Dealer rights against Counterparty with respect to the Transaction that are senior to the claims of common stockholders of Counterparty in any United States U.S. bankruptcy proceedings of Counterparty; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to the Transaction; provided, further, that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.
Appears in 10 contracts
Samples: Letter Agreement (DealerTrack Holdings, Inc.), Letter Agreement (DealerTrack Holdings, Inc.), Letter Agreement (DealerTrack Holdings, Inc.)
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation is not intended to convey to Dealer rights against Counterparty with respect to the Transaction that are senior to the claims of common stockholders of Counterparty in any United States U.S. bankruptcy proceedings of Counterparty; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to the Transaction; provided, further, that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.
Appears in 9 contracts
Samples: Letter Agreement (Esperion Therapeutics, Inc.), Letter Agreement (Group 1 Automotive Inc), Letter Agreement (Plug Power Inc)
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation is not intended to convey to Dealer rights against Counterparty Company with respect to the Transaction that are senior to the claims of common stockholders of Counterparty Company in any United States bankruptcy proceedings of CounterpartyCompany; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty Company of its obligations and agreements with respect to the TransactionTransaction other than during any such bankruptcy proceedings; provided, further, provided that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.
Appears in 8 contracts
Samples: Letter Agreement (AOL Inc.), Letter Agreement (AOL Inc.), Letter Agreement (AOL Inc.)
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation is not intended to convey to Dealer rights against Counterparty with respect to the Transaction that are senior to the claims of common stockholders shareholders of Counterparty in any United States bankruptcy proceedings of Counterparty; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to the Transaction; provided, further, further that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.
Appears in 7 contracts
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation is not intended to convey to Dealer rights against Counterparty with respect to the Transaction that are senior to the claims of common stockholders of Counterparty or ordinary shareholders in any United States bankruptcy proceedings of Counterparty; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to the TransactionTransaction other than during Counterparty’s bankruptcy; provided, further, that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.
Appears in 6 contracts
Samples: China Lodging Group, LTD, China Lodging Group, LTD, China Lodging Group, LTD
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation is not intended to convey to Dealer rights against Counterparty with respect to the Transaction that are senior to the claims of common stockholders or ordinary shareholders of Counterparty in any United States or Cayman Islands bankruptcy proceedings of Counterparty; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to the Transaction; provided, further, further that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.
Appears in 6 contracts
Samples: Letter Agreement (NIO Inc.), NIO Inc., NIO Inc.
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation is not intended to convey to Dealer rights against Counterparty Company with respect to the Transaction that are senior to the claims of common stockholders of Counterparty Company in any United States bankruptcy proceedings of CounterpartyCompany; provided that nothing herein shall limit or shall be deemed to limit Dealer’s 's right to pursue remedies in the event of a breach by Counterparty Company of its obligations and agreements with respect to the Transaction; provided, further, that nothing herein shall limit or shall be deemed to limit Dealer’s 's rights in respect of any transactions other than the Transaction.
Appears in 5 contracts
Samples: Letter Agreement (Wright Medical Group Inc), Healthways, Inc, Healthways, Inc
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation Guarantee is not intended to convey to Dealer rights against Counterparty Parent with respect to the Transaction that are senior to the claims of common stockholders of Counterparty Parent in any United States bankruptcy proceedings of Parent or the Counterparty; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty Parent of its obligations and agreements with respect to the Transaction; provided, further, provided further that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.
Appears in 5 contracts
Samples: Bond Hedge Guarantee (Globus Medical Inc), Bond Hedge Guarantee (Globus Medical Inc), Bond Hedge Guarantee (Globus Medical Inc)
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation Guarantee is not intended to convey to Dealer rights against Counterparty Parent with respect to the Transaction that are senior to the claims of common stockholders of Counterparty Parent in any United States bankruptcy proceedings of CounterpartyParent or the Company; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty Parent of its obligations and agreements with respect to the Transaction; provided, further, provided further that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.
Appears in 5 contracts
Samples: Warrant Guarantee (Globus Medical Inc), Warrant Guarantee (Globus Medical Inc), Warrant Guarantee (Globus Medical Inc)
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation is not intended to convey to Dealer rights against Counterparty with respect to the Transaction that are senior to the claims of common stockholders of Counterparty in any United States U.S. bankruptcy proceedings of Counterparty; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to the TransactionTransaction other than during Counterparty’s bankruptcy; provided, further, that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.
Appears in 5 contracts
Samples: DISH Network CORP, Sunedison, Inc., Sunedison, Inc.
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Amended and Restated Confirmation is not intended to convey to Dealer rights against Counterparty Company with respect to the Transaction that are senior to the claims of common stockholders of Counterparty Company in any United States bankruptcy proceedings of CounterpartyCompany; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty Company of its obligations and agreements with respect to the Transaction; provided, further, that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.
Appears in 4 contracts
Samples: Liberty Media Corp, Liberty Media Corp, Liberty Media Corp
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation is not intended to convey to Dealer rights against Counterparty with respect to the Transaction that are senior to the claims of common stockholders of Counterparty in any United States U.S. bankruptcy proceedings of Counterparty; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to the TransactionTransaction outside of Counterparty’s bankruptcy; provided, further, that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.
Appears in 4 contracts
Samples: Medicis Pharmaceutical Corp, DISH Network CORP, Medicis Pharmaceutical Corp
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation is not intended to convey to Dealer rights against Counterparty with respect to the Transaction that are senior to the claims of common stockholders of Counterparty in any United States U.S. bankruptcy proceedings of CounterpartyCompany; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty Company of its obligations and agreements with respect to the Transaction; provided, further, provided further that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.
Appears in 4 contracts
Samples: Letter Agreement (Hornbeck Offshore Services Inc /La), Hornbeck Offshore Services Inc /La, Hornbeck Offshore Services Inc /La
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation is not intended to convey to Dealer rights against Counterparty with respect to the Transaction that are senior to the claims of common stockholders of Counterparty in any United States U.S. bankruptcy proceedings of Counterparty; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to the Transaction; provided, further, provided further that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.
Appears in 4 contracts
Samples: Letter Agreement (Hornbeck Offshore Services Inc /La), Hornbeck Offshore Services Inc /La, Hornbeck Offshore Services Inc /La
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation confirmation is not intended to convey to Dealer rights against Counterparty with respect to the Transaction transactions contemplated hereby that are senior to the claims of Counterparty’s common stockholders of Counterparty in any United States U.S. bankruptcy proceedings of Counterparty; provided provided, however, that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to this Confirmation and the TransactionAgreement; provided, and provided further, that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions transaction other than the Transaction.
Appears in 4 contracts
Samples: Letter Agreement (Portland General Electric Co /Or/), Letter Agreement (Portland General Electric Co /Or/), Portland General Electric Co /Or/
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation is not intended to convey to Dealer rights against Counterparty with respect to the Transaction that are senior to the claims of common stockholders of Counterparty in any United States bankruptcy proceedings of Counterparty; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to the Transaction; provided, further, further that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.. (s)
Appears in 3 contracts
Samples: Vonage Holdings Corp, Vonage Holdings Corp, Vonage Holdings Corp
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation is not intended to convey to Dealer rights against Counterparty with respect to the Transaction that are senior to the claims of common stockholders ordinary shareholders of Counterparty in any United States U.S. bankruptcy proceedings of Counterparty; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to the Transaction; provided, further, that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.
Appears in 3 contracts
Samples: Sunpower Corp, Maxeon Solar Technologies, Ltd., Sunpower Corp
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation is not intended to convey to Dealer rights against Counterparty Company with respect to the Transaction that are senior to the claims of common stockholders shareholders of Counterparty Company in any United States bankruptcy proceedings of CounterpartyCompany; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty Company of its obligations and agreements with respect to the TransactionTransaction other than during any such bankruptcy proceedings; provided, further, provided further that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.
Appears in 3 contracts
Samples: Wright Medical Group N.V., Wright Medical Group N.V., Wright Medical Group N.V.
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation Master Confirmation, together with any Confirmation, is not intended to convey to Dealer rights against Counterparty with respect to the any Transaction that are senior to the claims of common stockholders of Counterparty in any United States U.S. bankruptcy proceedings of Counterparty; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to the any Transaction; and provided, further, that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the TransactionTransactions.
Appears in 3 contracts
Samples: Amendment Agreement (Equinix Inc), Amendment Agreement (Equinix Inc), Amendment Agreement (Equinix Inc)
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that neither this Master Confirmation nor any Supplemental Confirmation is not intended to convey to Dealer rights against Counterparty with respect to the any Transaction that are senior to the claims of common stockholders of Counterparty in any United States bankruptcy proceedings of Counterparty; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to the any Transaction; provided, further, provided further that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the any Transaction.
Appears in 2 contracts
Samples: Rambus Inc, Rambus Inc
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation is not intended to convey to Dealer rights against Counterparty Company with respect to the Transaction that are senior to the claims of common stockholders of Counterparty Company in any United States U.S. bankruptcy proceedings of CounterpartyCompany; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty Company of its obligations and agreements with respect to the Transaction; provided, further, that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.
Appears in 2 contracts
Samples: Letter Agreement (Group 1 Automotive Inc), Letter Agreement (Caci International Inc /De/)
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation is not intended to convey to Dealer rights against Counterparty with respect to the Transaction that are senior to the claims of common stockholders unitholders of Counterparty in any United States U.S. bankruptcy proceedings of CounterpartyCounterparty or Parent; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty or Parent of its obligations and agreements with respect to the Transaction; provided, further, that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.
Appears in 2 contracts
Samples: Letter Agreement (Kilroy Realty Corp), Kilroy Realty Corp
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation is not intended to convey to Dealer rights against Counterparty with respect to the Transaction that are senior to the claims of common stockholders of Counterparty in any United States bankruptcy proceedings of Counterparty; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to the Transaction; provided, further, provided further that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.. (s)
Appears in 2 contracts
Samples: Knowles Corp, Knowles Corp
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation confirmation is not intended to convey to Dealer rights against Counterparty with respect to the Transaction transactions contemplated hereby that are senior to the claims of common stockholders of Counterparty in any United States U.S. bankruptcy proceedings of Counterparty; provided provided, however, that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to this Confirmation and the TransactionAgreement; provided, and provided further, that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions transaction other than the Transaction.
Appears in 2 contracts
Samples: Letter Agreement (Northwestern Corp), Edison International
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation is not intended to convey to Dealer rights against Counterparty with respect to the Transaction that are senior to the claims of common stockholders of Counterparty in any United States U.S. bankruptcy proceedings of CounterpartyCompany; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty Company of its obligations and agreements with respect to the Transaction; provided, further, that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.
Appears in 2 contracts
Samples: Hornbeck Offshore Services Inc /La, Superior Energy Services Inc
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation is not intended to convey to Dealer rights against Counterparty Company with respect to the Transaction that are senior to the claims of common stockholders of Counterparty Company in any United States bankruptcy proceedings of CounterpartyCompany; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty Company of its obligations and agreements with respect to the TransactionTransaction other than during any such bankruptcy proceedings; provided, further, that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.
Appears in 1 contract
Samples: Letter Agreement (Groupon, Inc.)
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation is not intended to convey to Dealer rights against Counterparty with respect to the Transaction that are senior to the claims of common stockholders of Counterparty in any United States bankruptcy proceedings of Counterparty; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to the Transaction; provided, further, further that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.. (r)
Appears in 1 contract
Samples: Five9, Inc.
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation is not intended to convey to Dealer rights against Counterparty with respect to the Transaction that are senior to the claims of common stockholders of Counterparty in any United States bankruptcy proceedings of Counterparty; Counterparty; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to the Transaction; provided, further, Transaction; provided further that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.
Appears in 1 contract
Samples: OMNICELL, Inc
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation is not intended to convey to Dealer rights against Counterparty Company with respect to the Transaction that are senior to the claims of common stockholders of Counterparty Company in any United States bankruptcy proceedings of CounterpartyCompany; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty Company of its obligations and agreements with respect to the Transaction; provided, further, that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.
Appears in 1 contract
Samples: Advanced Energy Industries Inc
Status of Claims in Bankruptcy. Dealer Xxxxxx acknowledges and agrees that this Confirmation is not intended to convey to Dealer rights against Counterparty with respect to the Transaction that are senior to the claims of common stockholders of Counterparty in any United States bankruptcy proceedings of Counterparty; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to the TransactionTransaction other than during any such bankruptcy proceedings; provided, further, provided further that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.
Appears in 1 contract
Samples: Akamai Technologies Inc
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation is not intended to convey to Dealer it rights against Counterparty with respect to the Transaction that are senior to the claims of common stockholders of Counterparty in any United States U.S. bankruptcy proceedings of Counterparty; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to the Transaction; provided, further, and provided further that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.
Appears in 1 contract
Samples: Capital One Financial Corp
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation is not intended to convey to Dealer rights against Counterparty with respect to the Transaction that are senior to the claims of common stockholders or ordinary shareholders of Counterparty in any United States bankruptcy proceedings of Counterparty; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to the Transaction; provided, further, further that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.
Appears in 1 contract
Samples: Chimera Investment Corp
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation is not intended to convey to Dealer rights against Counterparty with respect to the Transaction that are senior to the claims of common stockholders of Counterparty in any United States bankruptcy proceedings of Counterparty; Counterparty; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to the Transaction; provided, further, Transaction other than during any such bankruptcy proceedings; provided that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.
Appears in 1 contract
Samples: Ionis Pharmaceuticals Inc
Status of Claims in Bankruptcy. Dealer Xxxxxx acknowledges and agrees that neither this Master Confirmation nor any Supplemental Confirmation is not intended to convey to Dealer rights against Counterparty with respect to the any Transaction that are senior to the claims of common stockholders of Counterparty in any United States bankruptcy proceedings of Counterparty; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to the any Transaction; provided, further, provided further that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the any Transaction.
Appears in 1 contract
Samples: Rambus Inc
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation is not intended to convey to Dealer rights against Counterparty with respect to the Transaction that are senior to the claims of common stockholders of Counterparty in any United States bankruptcy proceedings of Counterparty; provided that nothing herein shall limit or shall be deemed to limit Dealer’s 's right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to the Transaction; provided, further, provided further that nothing herein shall limit or shall be deemed to limit Dealer’s 's rights in respect of any transactions other than the Transaction.
Appears in 1 contract
Samples: Servicesource International, Inc.
Status of Claims in Bankruptcy. Dealer acknowledges and agrees that this Confirmation is not intended to convey to Dealer rights against Counterparty Issuer with respect to the Transaction that are senior to the claims of common stockholders shareholders of Counterparty Issuer in any United States bankruptcy proceedings of CounterpartyIssuer; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty Issuer of its obligations and agreements with respect to the TransactionTransaction other than during any such bankruptcy proceedings; provided, further, provided further that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.
Appears in 1 contract
Samples: Wright Medical Group N.V.