Bankruptcy Status. Subject to Paragraph 7(m) above, Dealer acknowledges and agrees that this Confirmation is not intended to convey to Dealer rights with respect to the transactions contemplated hereby that are senior to the claims of Counterparty’s common stockholders in any U.S. bankruptcy proceedings of Counterparty; provided, however, that nothing herein shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to this Confirmation and the Agreement; and provided, further, that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transaction other than this Transaction.
Bankruptcy Status. BofA acknowledges and agrees that this Confirmation is not intended to convey to BofA rights with respect to the transactions contemplated hereby that are senior to the claims of Counterparty’s common stockholders in any U.S. bankruptcy proceedings of Counterparty; provided, however, that nothing herein shall be deemed to limit BofA’s right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to this Confirmation and the Agreement; and provided, further, that nothing herein shall limit or shall be deemed to limit BofA’s rights in respect of any transaction other than this Transaction.
Bankruptcy Status. The parties acknowledge that the Licensed Technology is “intellectual property” for purposes of Section 365(n) of the U.S. Bankruptcy Code and that Licensee will have the right to exercise all rights provided by Section 365(n) with respect to the Licensed Technology. [TBD – Canadian equivalent] [The Canadian equivalent is section 65.11(7) of the Bankruptcy and Insolvency Act, which is as follows:
Bankruptcy Status. The Purchaser is not insolvent, has not committed an act of bankruptcy, proposed a compromise or arrangement to his creditors generally, has not had any petition or receiving order in bankruptcy filed against him, has not taken any proceeding with respect to a compromise or arrangement, has not taken any proceeding to have himself declared bankrupt, has not taken any proceeding to have a receiver appointed of any part of his assets, has not had any encumbrancer take possession of any of his property, and has not had any execution or distress become enforceable or become levied upon any of his property.
Bankruptcy Status. Subject to Paragraph 7(l) above, Dealer acknowledges and agrees that this Confirmation is not intended to convey to Dealer rights with respect to the transactions contemplated hereby that are senior to the claims of Counterparty’s common stockholders in any U.S. bankruptcy proceedings of Counterparty; provided, however, that nothing herein shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to this Confirmation and the Agreement; and provided, further, that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transaction other than this Transaction. (s) No Collateral or Setoff. Notwithstanding Section 6(f) or any other provision of the Agreement or any other agreement between the parties to the contrary, the obligations of Counterparty hereunder are not secured by any collateral. Obligations in respect of this Transaction shall not be set off against any other obligations of the parties, whether arising under the Agreement, under any other agreement between the parties hereto, by operation of law or otherwise, and no other obligations of the parties shall be set off against obligations in respect of this Transaction, whether arising under the Agreement, under any other agreement between the parties hereto, by operation of law or otherwise, and each party hereby waives any such right of setoff. (t)
Bankruptcy Status. The Investor acknowledges that the Company is currently unable to pay its obligations when due and, in the event the Company is unable to consummate a financing within the next thirty (30) days (“Qualified Financing”), the Company may be required to file for reorganization or liquidation under the bankruptcy or reorganization laws.
Bankruptcy Status. Dealer acknowledges and agrees that this Master Confirmation, each Instruction or Terms Agreement and the Pricing Supplement, if any, is not intended to convey to Dealer rights with respect to the transactions contemplated hereby that are senior to the claims of Counterparty’s common stockholders in any U.S. bankruptcy proceedings of Counterparty; provided, however, that nothing herein shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to this Master Confirmation, each Instruction or Terms Agreement and the Pricing Supplement, if any, and the Agreement; and provided, further, that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transaction other than the Transactions.
Bankruptcy Status. A status report of all Mortgage Loans in bankruptcy, including bankruptcy chapter; bankruptcy file date; bankruptcy case number; state and district where filed; contractual due date time of filing; post-petition due date; bankruptcy attorney or firm assigned; mortgagor’s attorney; foreclosure attorney or firm assigned if different; identify any suspended foreclosure; identify any Chapter 7 loan that has been discharged. See Attachment (3)
Bankruptcy Status. Hospital Seller shall be and remain throughout the term of this Agreement a debtor and debtor-in-possession in Chapter 11 bankruptcy proceedings in the Bankruptcy Case.
Bankruptcy Status. In November, 2001, THERMACELL filed a voluntary petition ("Bankruptcy Proceeding") for reorganization under Chapter 11 of the United States Bankruptcy Code. Pursuant to that action, the United States Bankruptcy Court for the Middle District of Florida confirmed THERMACELL's Plan of Reorganization on August 30, 2002 ("Plan of Reorganization"). A true and correct copy of the Plan of Reorganization is attached hereto as Exhibit 1. The previously existing assets and business of THERMACELL have been transferred to a newly-formed subsidiary free and clear of any and all debts, claims, liens, demands and interest of creditors, equity security holders and parties and interests, except as described on Schedule 1 attached hereto. The Plan of Reorganization does not provide for the liquidation of all or substantially all of the property of the bankruptcy estate of THERMACELL. THERMACELL, the reorganized debtor, did engage in its pre-petition business following consummation of the Plan of Reorganization. Schedule 1 attached hereto sets forth all debts, claims and demands that arose before the date of confirmation but that were not discharged upon the entry on March 21, 2003 of the Final Decree in the Bankruptcy Proceeding.
