Equity Rights. Dealer acknowledges and agrees that this Confirmation is not intended to convey to it rights with respect to the Transaction that are senior to the claims of common stockholders in the event of Counterparty’s bankruptcy. For the avoidance of doubt, the parties agree that the preceding sentence shall not apply at any time other than during Counterparty’s bankruptcy to any claim arising as a result of a breach by Counterparty of any of its obligations under this Confirmation or the Agreement. For the avoidance of doubt, the parties acknowledge that the obligations of Counterparty under this Confirmation are not secured by any collateral that would otherwise secure the obligations of Counterparty herein under or pursuant to any other agreement.
Appears in 7 contracts
Sources: Call Option Transaction (Alphatec Holdings, Inc.), Capped Call Transaction (TransMedics Group, Inc.), Call Option Transaction (Wolfspeed, Inc.)
Equity Rights. Dealer acknowledges and agrees that this Confirmation is not intended to convey to it rights with respect to the Transaction that are senior to the claims of common stockholders in the event of Counterparty’s bankruptcy. For the avoidance of doubt, the parties agree that the preceding sentence shall not apply at any time other than during Counterparty’s bankruptcy to any claim arising as a result of a breach by Counterparty of any of its obligations under this Confirmation or the Agreement. For the avoidance of doubt, the parties acknowledge that the obligations of Counterparty under this Confirmation are is not secured by any collateral that would otherwise secure the obligations of Counterparty herein under or pursuant to any other agreement.
Appears in 5 contracts
Sources: Base Convertible Bond Hedge Transaction (Supernus Pharmaceuticals Inc), Additional Convertible Bond Hedge Transaction (Supernus Pharmaceuticals Inc), Issuer Forward Repurchase Transaction (Chicos Fas Inc)
Equity Rights. Dealer acknowledges and agrees that this Confirmation is not intended to convey to it rights with respect to the Transaction that are senior to the claims of common stockholders in the event of Counterparty’s bankruptcy. For the avoidance of doubt, the parties agree that the preceding sentence shall not apply at any time other than during Counterparty’s bankruptcy to any claim arising as a result of a breach by Counterparty of any of its obligations under this Confirmation or the Agreement. For the avoidance of doubt, the parties acknowledge that the obligations of Counterparty and Dealer under this Confirmation are not secured by any collateral that would otherwise secure the obligations of Counterparty or Dealer herein under or pursuant to any other agreement.
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