Bankruptcy Acknowledgements Sample Clauses

Bankruptcy Acknowledgements. The Parties intend that each Transaction shall constitute a “forward contract” under § 101(25) and a swap agreement under § 101(53b) of Title 11 of the United States Code, 11 U.S.C. § 101 et seq., as amended from time to time (the “Bankruptcy Code”), and that this Agreement constitutes a “master netting agreement” under § 101(38a) of the Bankruptcy Code, and that the rights of the Performing Party in Section 9 include the rights referred to in § 561(a) of the Bankruptcy Code. Further, the Parties intend that each Party shall be a “forward contract merchant” under § 101(26) and a “master netting agreement participant” under § 101(38B), for purposes of the Bankruptcy Code.
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Bankruptcy Acknowledgements. The Parties intend and agree that (i) this Agreement and each Other Commodity Agreement shall constitute a “forward contract” under section 101(25) and a “swap agreement” under section 101(53B) of the Bankruptcy Code, protected by, inter alia, section 556 and section 560 of the Bankruptcy Code, (ii) this Agreement constitutes a master netting agreement under section 101(38A) of the Bankruptcy Code, and (iii) the rights of the Parties set forth in Section 19 include the rights referred to in section 561(a) of the Bankruptcy Code.
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Bankruptcy Acknowledgements. The Parties intend, subject to Applicable Law, that (i) this Agreement, all Confirmations, all Transactions and any related guarantee or other credit support arrangement each and together constitute an “eligible financial contract” and (ii) all Performance Assurance provided under this Agreement constitutes “financial collateral”, in each case as such term is defined in the Bankruptcy and Insolvency Act (Canada), the Companies Creditor’s Arrangement Act (Canada) and the Winding-Up and Restructuring Act (Canada), as the same may be amended, restated or re-enacted from time to time and will be similarly treated under and in all proceedings related to bankruptcy or insolvency of a Party.
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Related to Bankruptcy Acknowledgements

  • Third Party Acknowledgements A. Portions of the Apple Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the Apple Software, and your use of such material is governed by their respective terms.

  • Risk Acknowledgement The Sub-Adviser makes no representation or warranty, express or implied, that any level of performance or investment results will be achieved by the Fund, whether on a relative or absolute basis. The Adviser understands that investment decisions made for the Fund by the Sub-Adviser are subject to various market, currency, economic, political, business and structure risks and that those investment decisions will not always be profitable.

  • Broker’s Acknowledgement ☐ - Broker has informed the tenant of the tenant’s obligations under 42 USC 4852(d) and is aware of his/her responsibility to ensure compliance.

  • AUTHORIZATION AND ACKNOWLEDGEMENT I authorize Xxxxx Management to obtain reports from any consumer or criminal record reporting agencies before, during, and after tenancy on matters relating to my Application and Lease with Xxxxx Management and to verify, by all available means, the information in this Application, including criminal background information, income and housing history, and other information reported by any state or federal agency (ex: Social Security Administration). I understand that this authorization cannot be used to obtain any information about me that is not pertinent to my eligibility and continued participation as a qualified applicant or resident.

  • ACKNOWLEDGEMENT OF ADDENDA The Bidder shall acknowledge receipt of any addenda issued to this solicitation by completing the blocks below or by completion of the applicable information on the addendum and returning it not later than the date and time for receipt of the bid. Failure to acknowledge an addendum that has a material impact on this solicitation may negatively impact the responsiveness of your bid. Material impacts include but are not limited to changes to specifications, scope of work/services, delivery time, performance period, quantities, bonds, letters of credit, insurance, or qualifications. Addendum No. , Date Addendum No. , Date Addendum No. , Date Addendum No. , Date AUTHORIZED SIGNATORIES/NEGOTIATORS The Bidder represents that the following principals are authorized to sign bids, negotiate and/or sign contracts and related documents to which the bidder will be duly bound. Principal is defined as an employee, officer or other technical or professional in a position capable of substantially influencing the development or outcome of an activity required to perform the covered transaction. Name Title Telephone Number/Email (Signature) (Date) (Title) (Name of Business) The Bidder shall complete and submit the following information with the bid: Type of Organization Sole Proprietorship Partnership Non-Profit Joint Venture* Corporation State of Incorporation: Principal Place of Business (Florida Statute Chapter 607): City/County/State THE PRINCIPAL PLACE OF BUSINESS SHALL BE THE ADDRESS OF THE BIDDER’S PRINCIPAL OFFICE AS IDENTIFIED BY THE FLORIDA DIVISION OF CORPORATIONS. Federal I.D. number is: * Joint venture firms must complete and submit with their Bid Response the form titled “Information for Determining Joint Venture Eligibility”, and a copy of the formal agreement between all joint venture parties. This joint venture agreement must indicate the parties’ respective roles, responsibilities and levels of participation for the project. If proposing as a Joint Venture, the Joint Venture shall obtain and maintain all contractually required insurance in the name of the Joint Venture as required by the Contract. Individual insurance in the name of the parties to the Joint venture will not be accepted. Failure to timely submit the required form along with an attached written copy of the joint venture agreement may result in disqualification of your Bid Response

  • Your Acknowledgements You acknowledge and agree that:

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  • Acknowledgement of Receipt Each of the parties acknowledges receiving an executed copy of this Agreement.

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  • Assignment of Antitrust Claims As part of the consideration for the award of this Contract, the Contractor assigns to the State all right, title and interest in and to any claims the Contractor now has, or may acquire, under state or federal antitrust laws relating to the products or services which are the subject of this Contract.

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