Bankruptcy Rights. If this Agreement is determined to be anything other than a services agreement from Dell to Reseller, then Reseller grants 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. Xxxxxxxx agrees that Dell may file protective documents with government or other authorities in Reseller’s 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, Xxxxxxxx agrees that the Agreement is an "Executory Contract” with mutual obligations for both Reseller and Dell.
Appears in 7 contracts
Samples: Reseller Agreement, Dell Apex Reseller Agreement, Reseller Agreement
Bankruptcy Rights. If this Agreement is determined to be anything other than a services agreement from Dell to ResellerDistributor, then Reseller Distributor grants 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. Xxxxxxxx Distributor agrees that Dell may file protective documents with government or other authorities in ResellerDistributor’s 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, Xxxxxxxx Distributor agrees that the Agreement is an "Executory Contract” with mutual obligations for both Reseller Distributor and Dell.
Appears in 6 contracts
Samples: Distributor Agreement, Distributor Agreement, Distributor Agreement
Bankruptcy Rights. If To the extent permitted by local law, if this Agreement is determined to be anything other than a services agreement from Dell to ResellerYou, then Reseller grants 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. Xxxxxxxx agrees You agree that Dell may file protective documents with government or other authorities in Reseller’s 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 UCC- 1 filings if the Site is located in the United States of America). For the purpose of U.S. bankruptcy law, Xxxxxxxx agrees You agree that the Agreement is an "Executory Contract” with mutual obligations for both Reseller You and Dell.
Appears in 2 contracts
Samples: Distributor Agreement, Reseller Agreement
Bankruptcy Rights. If this Agreement is determined to be anything other than a services agreement from Dell to ResellerYou, then Reseller grants then, to the maximum extent allowed by applicable laws, 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. Xxxxxxxx agrees You agree that Dell may file protective documents with government or other authorities in Reseller’s 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, Xxxxxxxx agrees You agree that the Agreement is an "Executory Contract” with mutual obligations for both Reseller You and Dell.
Appears in 1 contract
Samples: Distributor Agreement
Bankruptcy Rights. If this Agreement is determined to be anything other than a services agreement from Dell to ResellerYou and to the maximum extent allowed by applicable laws, then Reseller grants 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. Xxxxxxxx agrees You agree that Dell may file protective documents with government or other authorities in Reseller’s 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, Xxxxxxxx agrees You agree that the Agreement is an "Executory Contract” with mutual obligations for both Reseller You and Dell.
Appears in 1 contract
Samples: Reseller Agreement
Bankruptcy Rights. If this Agreement is determined to be anything other than a services agreement from Dell to ResellerYou, then Reseller grants then, to the maximum extent allowed by applicable law, 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. Xxxxxxxx agrees You agree that Dell may file protective documents with government or other authorities in Reseller’s 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, Xxxxxxxx agrees You agree that the Agreement is an "Executory Contract” with mutual obligations for both Reseller You and Dell.
Appears in 1 contract
Samples: Reseller Agreement