Bankruptcy Rights. If this Agreement is determined to be anything other than a services agreement from Dell to You, then You grant Dell a first priority security interest in the APEX System (and all proceeds thereof) and Dell retains the first lien and security interest in the APEX System and all proceeds. You agree that Dell may file protective documents with government or other authorities in Your jurisdiction of incorporation or other applicable locations in order to inform third parties and lenders that Dell owns the APEX System at the Site (including UCC-1 filings if the Site is located in the United States of America). For the purpose of U.S. bankruptcy law, You agree that the Agreement is an "Executory Contract” with mutual obligations for both You and Dell.
Appears in 16 contracts
Samples: Reseller Agreement, Reseller Agreement, Apex Distributor Agreement
Bankruptcy Rights. If this Agreement is determined to be anything other than a services agreement from Dell to You, then You grant Dell a first priority security interest in the APEX System (and all proceeds thereof) and Dell retains the first lien and security interest in the APEX System and all proceeds. You agree that Dell may file protective documents with government or other authorities in Your jurisdiction of incorporation or other applicable locations in order to inform third parties and lenders that Dell owns the APEX System at the Your Site (including UCC-1 filings if the Your Site is located in the United States of America). For the purpose of U.S. US bankruptcy law, You agree that the Agreement is an "Executory Contract” with mutual obligations for both You and Dell.
Appears in 8 contracts
Samples: Dell Apex Agreement, Apex Agreement, Apex Agreement
Bankruptcy Rights. If this Agreement is determined to be anything other than a services agreement from Dell to YouYou and to the maximum extent allowed by applicable laws, then You grant Dell a first priority security interest in the APEX System (and all proceeds thereof) and Dell retains the first lien and security interest in the APEX System and all proceeds. You agree that Dell may file protective documents with government or other authorities in Your jurisdiction of incorporation or other applicable locations in order to inform third parties and lenders that Dell owns the APEX System at the Your Site (including UCC-1 filings if the Your Site is located in the United States of America). For the purpose of U.S. US bankruptcy law, You agree that the Agreement is an "Executory Contract” with mutual obligations for both You and Dell.
Appears in 3 contracts
Samples: Apex Agreement Portugal, Apex Agreement, Apex Agreement
Bankruptcy Rights. To the extent permitted by applicable law, If this Agreement is determined to be anything other than a services agreement from Dell to You, then You grant Dell a first priority security interest in the APEX System (and all proceeds thereof) and Dell retains the first lien and security interest in the APEX System and all proceeds. You agree that Dell may file protective documents with government or other authorities in Your jurisdiction of incorporation or other applicable locations in order to inform third parties and lenders that Dell owns the APEX System at the Your Site (including UCC-1 filings if the Your Site is located in the United States of America). For the purpose of U.S. US bankruptcy law, You agree that the Agreement is an "Executory Contract” with mutual obligations for both You and Dell.
Appears in 1 contract
Samples: Apex Agreement