Application of Bankruptcy Code. The parties hereto acknowledge and agree that the Collateral Agent is a "financial institution" within the meaning of Section 101(22) of Title 11 of the United States Code (the "Bankruptcy Code") and is acting as agent and custodian for the Trust in connection with this Agreement and that the Trust is a "customer" of the Collateral Agent within the meaning of said Section 101(22). The parties hereto further acknowledge and agree that this Agreement is a "securities contract", as such term is defined in Section 741(7) of the Bankruptcy Code, entitled to the protection of Section 555 of the Bankruptcy Code.
Appears in 4 contracts
Samples: Forward Contract Agreement (At&t Corp), Forward Contract Agreement (Equity Securities Trust I), Forward Contract Agreement (At&t Corp)
Application of Bankruptcy Code. The parties hereto acknowledge and agree that the Collateral Agent is a "financial institution" within the meaning of Section 101(22) of Title 11 of the United States Bankruptcy Code (the "Bankruptcy Code") and is acting as agent and custodian for the Trust in connection with this Agreement the Forward Contract and that the Trust is a "customer" of the Collateral Agent within the meaning of said Section 101(22). The parties hereto further acknowledge and agree that this Agreement is a "securities contract", as such term is defined in Section 741(7) of the Bankruptcy Code, entitled to the protection of Section 555 of the Bankruptcy Code.
Appears in 4 contracts
Samples: Collateral Agreement (At&t Corp), Collateral Agreement (Equity Securities Trust Ii), Collateral Agreement (At&t Corp)
Application of Bankruptcy Code. The parties hereto acknowledge and agree that the Collateral Agent is a "financial institution" within the meaning of Section 101(22) of Title 11 of the United States Code (the "Bankruptcy Code") and is acting as agent and custodian for the Trust Purchaser in connection with this Agreement and that the Trust Purchaser is a "customer" of the Collateral Agent within the meaning of said Section 101(22). The parties hereto further acknowledge and agree that this Agreement is a "securities contract", as such term is defined in Section 741(7) of the Bankruptcy Code, entitled to the protection of Section 555 of the Bankruptcy Code.
Appears in 3 contracts
Samples: Forward Purchase Agreement (Herbalife International Inc), Purchase Agreement (Decs Trust), Forward Purchase Agreement (Decs Trust Iv)
Application of Bankruptcy Code. The parties hereto acknowledge and agree that the Collateral Agent is a "financial institution" within the meaning of Section 101(22) of Title 11 of the United States Bankruptcy Code (the "Bankruptcy Code") and is acting hereunder as agent and custodian for the Trust in connection with this Agreement and that the Trust is a "customer" of the Collateral Agent within the meaning of said Section 101(22). The parties hereto further acknowledge and agree that this Agreement is a "securities contract", as such term is defined in Section 741(7) of the Bankruptcy Code, entitled to the protection of Section 555 of the Bankruptcy Code.
Appears in 2 contracts
Samples: Security and Pledge Agreement (Nab Exchangeable Preferred Trust), Security and Pledge Agreement (Nab Exchangeable Preferred Trust)
Application of Bankruptcy Code. The parties hereto acknowledge and agree that the Collateral Agent is a "financial institution" within the meaning of Section 101(22) of Title 11 of the United States Code (the "Bankruptcy Code") and is acting as agent and custodian for the Trust in connection with this the Purchase Agreement and that the Trust is a "customer" of the Collateral Agent within the meaning of said Section 101(22). The parties hereto further acknowledge and agree that this Agreement is a "securities contract", as such term is defined in Section 741(7) of the Bankruptcy Code, entitled to the protection of Section 555 of the Bankruptcy Code.
Appears in 2 contracts
Samples: Collateral Agreement (Decs Trust Iii), Collateral Agreement (Decs Trust)
Application of Bankruptcy Code. The parties hereto acknowledge and agree that the Collateral Agent is a "financial institution" within the meaning of Section 101(22) of Title 11 of the United States Code (the "Bankruptcy CodeBANKRUPTCY CODE") and is acting as agent and custodian for the Trust Purchaser in connection with this Agreement and that the Trust Purchaser is a "customer" of the Collateral Agent within the meaning of said Section 101(22). The parties hereto further acknowledge and agree that this Agreement is a "securities contract", as such term is defined in Section 741(7) of the Bankruptcy Code, entitled to the protection of Section 555 of the Bankruptcy Code.
Appears in 2 contracts
Samples: Forward Purchase Agreement (Decs Trust Vi), Forward Purchase Agreement (Decs Trust Ix)
Application of Bankruptcy Code. The parties hereto acknowledge ------------------------------ and agree that the Collateral Agent is a "financial institution" within the meaning of Section 101(22) of Title 11 of the United States Code (the "Bankruptcy Code") and is acting as agent and custodian for the Trust Purchaser in ---------------- connection with this Agreement and that the Trust Purchaser is a "customer" of the Collateral Agent within the meaning of said Section 101(22). The parties hereto further acknowledge and agree that this Agreement is a "securities contract", as such term is defined in Section 741(7) of the Bankruptcy Code, entitled to the protection of Section 555 of the Bankruptcy Code.
Appears in 1 contract
Application of Bankruptcy Code. The parties hereto acknowledge and agree that the Collateral Agent is a "financial institution" within the meaning of Section 101(22) of Title 11 of the United States Code (the "Bankruptcy Code") and is acting as agent and custodian for the Trust in connection with this the Forward Purchase Agreement and that the Trust is a "customer" of the Collateral Agent within the meaning of said Section 101(22). The parties hereto further acknowledge and agree that this Agreement is a "securities contract", as such term is defined in Section 741(7) of the Bankruptcy Code, entitled to the protection of Section 555 of the Bankruptcy Code.
Appears in 1 contract
Samples: Collateral Agreement (Decs Trust Ii)
Application of Bankruptcy Code. The parties hereto acknowledge and ------------------------------ agree that the Collateral Agent is a "financial institution" within the meaning of Section 101(22) of Title 11 of the United States Code (the "Bankruptcy Code") --------------- and is acting as agent and custodian for the Trust in connection with this the Purchase Agreement and that the Trust is a "customer" of the Collateral Agent within the meaning of said Section 101(22). The parties hereto further acknowledge and agree that this Agreement is a "securities contract", as such term is defined in Section 741(7) of the Bankruptcy Code, entitled to the protection of Section 555 of the Bankruptcy Code.
Appears in 1 contract
Samples: Collateral Agreement (Decs Trust V)
Application of Bankruptcy Code. The parties hereto acknowledge and agree that the Collateral Agent is a "financial institutionintermediary" within the meaning of Section 101(22) of Title 11 of the United States Code (the "Bankruptcy Code") and is acting as agent and custodian for the Trust Purchaser in connection with this Agreement and that the Trust Purchaser is a "customer" of the Collateral Agent within the meaning of said Section 101(22). The parties hereto further acknowledge and agree that this Agreement is a "securities contract", as such term is defined in Section 741(7) of the Bankruptcy Code, entitled to the protection of Section 555 of the Bankruptcy Code.
Appears in 1 contract
Application of Bankruptcy Code. The parties hereto acknowledge and agree that the Collateral Agent is a "financial institutionintermediary" within the meaning of Section 101(22) of Title 11 of the United States Code (the "Bankruptcy Code") and is acting hereunder as agent and custodian for the Trust in connection with this Agreement the Forward Purchase Contract and that the Trust is a "customer" of the Collateral Agent within the meaning of said Section 101(22). The parties hereto further acknowledge and agree that this Agreement is a "securities contract", as such term is defined in Section 741(7) of the Bankruptcy Code, entitled to the protection of Section 555 of the Bankruptcy Code.
Appears in 1 contract
Samples: Security and Pledge Agreement (Nextel Strypes Trust)