Bankruptcy Code Provisions. Each of Dealer and Counterparty agrees and acknowledges that Dealer is one or more of a “swap participant” and/or “financial participant” within the meaning of Sections 101(53C) and 101(22A) of the Bankruptcy Code. The parties hereto further agree and acknowledge (A) that this Confirmation is (i) a “securities contract,” as such term is defined in Section 741(7) of the Bankruptcy Code, with respect to which each payment and delivery hereunder or in connection herewith is a “settlement payment,” as such term is defined in Section 741(8) of the Bankruptcy Code, and (ii) a “swap agreement,” as such term is defined in Section 101(53B) of the Bankruptcy Code, with respect to which each payment and delivery hereunder or in connection herewith is a “termination value,” “payment amount” or “other transfer obligation” within the meaning of Section 362 of the Bankruptcy Code and a “transfer,” as such term is defined in Section 101(54) of the Bankruptcy Code, and a “payment or transfer of property” within the meaning of Sections 362 and 546 of the Bankruptcy Code, and (B) that Dealer is entitled to the protections afforded by, among other sections, Sections 362(b)(6), 362(b)(17), 362(b)(27), 362(o), 546(e), 546(g), 546(j), 555, 560 and 561 of the Bankruptcy Code.
Bankruptcy Code Provisions. The Parties intend that: (i) this Agreement is a “forward contract” within the meaning of the Bankruptcy Code and (ii) each Party’s rights under Section 9.1 of this Agreement constitutes a “contractual right to liquidate” this Agreement within the meaning of the United Stated Bankruptcy Code.
Bankruptcy Code Provisions. Each of the transactions provided for in Sections 3.1, 3.2, 3.3, 3.4 and 3.5 shall be completed in accordance with Sections 105, 363(b), (f), and (m), and 365 and 1146(c) of the Bankruptcy Code, as applicable, and the provisions of the Approval Order, with the SNH Entities receiving the full benefits and protections of such sections and the provisions of the Approval Order.
Bankruptcy Code Provisions. Each of the transactions provided for in Sections 3.2.1 through 3.2.6, shall be completed in accordance with Code ss.ss.105, 363(b), (f) and (m), 365(b) and (f) and 1146(c), as applicable, and the provisions of the Approval Order, with the SNH Entities receiving the full benefits and protections of such sections and the provisions of the Approval Order. Notwithstanding any provisions of the Code, the IHS Entities shall not be required to cure any default, provide any assurances, make any payment or to incur any cost, expense or liability in order to complete any of such transactions. Any assumptions made by any IHS Entity of any Existing Document (but not the New Pennsylvania Lease or any other Settlement Document) in order to satisfy the conditions set forth in this Article 3 shall be deemed released pursuant to Section 9.2.
Bankruptcy Code Provisions. Guarantor waives, to the fullest extent permitted by law: (i) any defense arising as a result of Lender's election of the application of United States Bankruptcy Code section 1111(b)(2) in any proceeding instituted under the Bankruptcy Code; and (ii) any defense based on any borrowing or grant of a security interest under United States Bankruptcy Code section 364.
Bankruptcy Code Provisions. The Parties intend that: (i) this Agreement is a “forward contract” within the meaning of the Bankruptcy Code, (ii) all payments made or to be made by one Party to the other Party, pursuant to this Agreement constitute “settlement payments” within the meaning of the Bankruptcy Code, (iii) all transfers of credit support by one Party to the other Party under this Agreement constitute “margin payments” within the meaning of the Bankruptcy Code, and (iv) each Party’s rights under Section 9.1 of this Agreement constitutes a “contractual right to liquidate” this Agreement within the meaning of the United Stated Bankruptcy Code.
