Common use of Status of Claims in Bankruptcy Clause in Contracts

Status of Claims in Bankruptcy. JPMorgan acknowledges and agrees that this Confirmation is not intended to convey to JPMorgan rights against Company with respect to the Transaction that are senior to the claims of common stockholders of Company in any United States bankruptcy proceedings of Company; provided that nothing herein shall limit or shall be deemed to limit JPMorgan’s right to pursue remedies in the event of a breach by Company of its obligations and agreements with respect to the Transaction; provided, further, that nothing herein shall limit or shall be deemed to limit JPMorgan’s rights in respect of any transactions other than the Transaction.

Appears in 5 contracts

Samples: Letter Agreement (Ariad Pharmaceuticals Inc), Avis Budget Group, Inc., Avis Budget Group, Inc.

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Status of Claims in Bankruptcy. JPMorgan acknowledges and agrees that this Confirmation is not intended to convey to JPMorgan rights against Company Counterparty with respect to the Transaction that are senior to the claims of common stockholders of Company Counterparty in any United States bankruptcy proceedings of CompanyCounterparty; provided that nothing herein shall limit or shall be deemed to limit JPMorgan’s right to pursue remedies in the event of a breach by Company Counterparty of its obligations and agreements with respect to the Transaction; provided, further, that nothing herein shall limit or shall be deemed to limit JPMorgan’s rights in respect of any transactions other than the Transaction.

Appears in 5 contracts

Samples: Rights Agreement (Ariad Pharmaceuticals Inc), Avis Budget Group, Inc., TTM Technologies Inc

Status of Claims in Bankruptcy. JPMorgan acknowledges and agrees that this Confirmation is not intended to convey to JPMorgan rights against Company Counterparty with respect to the Transaction that are senior to the claims of common stockholders of Company Counterparty in any United States U.S. bankruptcy proceedings of CompanyCounterparty; provided that nothing herein shall limit or shall be deemed to limit JPMorgan’s right to pursue remedies in the event of a breach by Company Counterparty of its obligations and agreements with respect to the Transaction; provided, further, that nothing herein shall limit or shall be deemed to limit JPMorgan’s rights in respect of any transactions other than the Transaction.

Appears in 5 contracts

Samples: Letter Agreement (Accelerate Diagnostics, Inc), SVB Financial Group, GoPro, Inc.

Status of Claims in Bankruptcy. JPMorgan acknowledges and agrees that this Confirmation is not intended to convey to JPMorgan rights against Company with respect to the Transaction that are senior to the claims of common stockholders of Company in any United States U.S. bankruptcy proceedings of Company; provided that nothing herein shall limit or shall be deemed to limit JPMorgan’s right to pursue remedies in the event of a breach by Company of its obligations and agreements with respect to the Transaction; provided, further, that nothing herein shall limit or shall be deemed to limit JPMorgan’s rights in respect of any transactions other than the Transaction. For the avoidance of doubt, the parties acknowledge that this Confirmation is not secured by any collateral that would otherwise secure the obligations of Company herein under or pursuant to any other agreement.

Appears in 4 contracts

Samples: Letter Agreement (Newmont Mining Corp /De/), Newmont Mining Corp /De/, Newmont Mining Corp /De/

Status of Claims in Bankruptcy. JPMorgan acknowledges and agrees that this Confirmation is not intended to convey to JPMorgan rights against Company Counterparty with respect to the Transaction that are senior to the claims of common stockholders of Company Counterparty in any United States U.S. bankruptcy proceedings of CompanyCounterparty; provided that nothing herein shall limit or shall be deemed to limit JPMorgan’s right to pursue remedies in the event of a breach by Company Counterparty of its obligations and agreements with respect to the Transaction; provided, further, that nothing herein shall limit or shall be deemed to limit JPMorgan’s rights in respect of any transactions other than the Transaction. For the avoidance of doubt, the parties acknowledge that this Confirmation is not secured by any collateral that would otherwise secure the obligations of Counterparty herein under or pursuant to any other agreement.

Appears in 4 contracts

Samples: Newmont Mining Corp /De/, Newmont Mining Corp /De/, Newmont Mining Corp /De/

Status of Claims in Bankruptcy. JPMorgan acknowledges and agrees that this Confirmation is not intended to convey to JPMorgan rights against Company with respect to the Transaction that are senior to the claims of common stockholders of Company in any United States U.S. bankruptcy proceedings of CompanyCounterparty; provided that nothing herein shall limit or shall be deemed to limit JPMorgan’s right to pursue remedies in the event of a breach by Company Counterparty of its obligations and agreements with respect to the Transaction; provided, further, that nothing herein shall limit or shall be deemed to limit JPMorgan’s rights in respect of any transactions other than the Transaction.

Appears in 3 contracts

Samples: Group 1 Automotive Inc, Macrovision Corp, Macrovision Solutions CORP

Status of Claims in Bankruptcy. JPMorgan acknowledges and agrees that this Confirmation is not intended to convey to JPMorgan rights against Company with respect to the Transaction that are senior to the claims of common stockholders of Company in any United States U.S. bankruptcy proceedings of Company; provided that nothing herein shall limit or shall be deemed to limit JPMorgan’s right to pursue remedies in the event of a breach by Company of its obligations and agreements with respect to the Transaction; provided, further, that nothing herein shall limit or shall be deemed to limit JPMorgan’s rights in respect of any transactions other than the Transaction.

Appears in 3 contracts

Samples: Macrovision Corp, Group 1 Automotive Inc, Macrovision Solutions CORP

Status of Claims in Bankruptcy. JPMorgan acknowledges and agrees that this Confirmation is not intended to convey to JPMorgan rights against Company Counterparty with respect to the Transaction that are senior to the claims of common stockholders of Company Counterparty in any United States U.S. bankruptcy proceedings of CompanyCounterparty; provided that nothing herein shall limit or shall be deemed to limit JPMorgan’s 's right to pursue remedies in the event of a breach by Company Counterparty of its obligations and agreements with respect to the Transaction; provided, further, that nothing herein shall limit or shall be deemed to limit JPMorgan’s 's rights in respect of any transactions other than the Transaction.

Appears in 2 contracts

Samples: Sonosite Inc, Chemed Corp

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Status of Claims in Bankruptcy. JPMorgan acknowledges and agrees that this Confirmation confirmation is not intended to convey to JPMorgan rights against Company with respect to the Transaction transactions contemplated hereby that are senior to the claims of common stockholders of Company in any United States U.S. bankruptcy proceedings of Company; provided provided, however, that nothing herein shall limit or shall be deemed to limit JPMorgan’s right to pursue remedies in the event of a breach by Company 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 JPMorgan’s rights in respect of any transactions transaction other than the Transaction.

Appears in 1 contract

Samples: Sonic Automotive Inc

Status of Claims in Bankruptcy. JPMorgan acknowledges and agrees that this Confirmation is not intended to convey to JPMorgan rights against Company with respect to the Transaction that are senior to the claims of common stockholders of Company in any United States U.S. bankruptcy proceedings of Company; provided that nothing herein shall limit or shall be deemed to limit JPMorgan’s right to pursue remedies in the event of a breach by Company of its obligations and agreements with respect to the Transaction; provided, further, that nothing herein shall limit or shall be deemed to limit JPMorgan’s rights in respect of any transactions other than the Transaction.

Appears in 1 contract

Samples: Letter Agreement (Headwaters Inc)

Status of Claims in Bankruptcy. JPMorgan acknowledges and agrees that this Confirmation is not intended to convey to JPMorgan rights against Company with respect to the Transaction that are senior to the claims of common stockholders of Company in any United States U.S. bankruptcy proceedings of Company; provided that nothing herein shall limit or shall be deemed to limit JPMorgan’s 's right to pursue remedies in the event of a breach by Company of its obligations and agreements with respect to the Transaction; provided, further, that nothing herein shall limit or shall be deemed to limit JPMorgan’s 's rights in respect of any transactions other than the Transaction.

Appears in 1 contract

Samples: Sonosite Inc

Status of Claims in Bankruptcy. JPMorgan acknowledges and agrees that this Confirmation is not intended to convey to JPMorgan rights against Company Parent with respect to the Transaction that are senior to the claims of common stockholders of Company Parent in any United States U.S. bankruptcy proceedings of CompanyParent; provided that nothing herein shall limit or shall be deemed to limit JPMorgan’s right to pursue remedies in the event of a breach by Company 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 JPMorgan’s rights in respect of any transactions other than the Transaction.

Appears in 1 contract

Samples: Strategic Hotels & Resorts, Inc

Status of Claims in Bankruptcy. JPMorgan acknowledges and agrees that this Confirmation is not intended to convey to JPMorgan rights against Company Counterparty with respect to the Transaction that are senior to the claims of common stockholders unitholders of Company Counterparty in any United States U.S. bankruptcy proceedings of CompanyCounterparty or Parent; provided that nothing herein shall limit or shall be deemed to limit JPMorgan’s right to pursue remedies in the event of a breach by Company 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 JPMorgan’s rights in respect of any transactions other than the Transaction.

Appears in 1 contract

Samples: Kilroy Realty Corp

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