FINANCIAL ACCOMMODATION. The acquisition and processing of sales slips hereunder is a financial accommodation and, as such, in the event Merchant becomes a debtor in bankruptcy, this Card Services Agreement cannot be assumed or enforced, and Global Direct and Member shall be excused from performance hereunder.
FINANCIAL ACCOMMODATION. Provision of the Services under this Agreement is a financial accommodation and, as such, in the event Merchant becomes a debtor in bankruptcy, this Agreement cannot be assumed or enforced, and Processor and Bank shall be excused from performance hereunder. To the extent Merchant becomes a debtor under any chapter of title 11 of the United States Code and such event does not result in the termination of this Agreement, Merchant unconditionally and absolutely waives any right or ability that Merchant may otherwise have had to oppose, defend against, or otherwise challenge any motion filed by Bank or Processor for relief from the automatic stay of 11 U.S.C. § 362(a) to enforce any of Bank’s or Processor’s rights or claims under this Agreement.
FINANCIAL ACCOMMODATION. Customer and Bank agree that this Agreement and Services constitute an agreement to provide a “financial accommodation” as defined in 11 U.S.C. § 365.
FINANCIAL ACCOMMODATION. An Obligor must not provide any financial accommodation, or give any Guarantee in respect of any financial accommodation, to or for the benefit of any person, other than Permitted Financial Accommodation.
FINANCIAL ACCOMMODATION. Retailer acknowledges that this Agreement is a “financial accommodation” contract (as such term is used in Section 365(c)(2) of Title 11 of the United States Code) for the benefit of Retailer.
FINANCIAL ACCOMMODATION. A Transaction Party must not (and must ensure that each of its Subsidiaries do not) provide any financial accommodation (including by making deposits to bank accounts), or give any Guarantee or Encumbrance (other than a Permitted Encumbrance) in respect of any financial accommodation, to or for the benefit of any person, other than Permitted Financial Accommodation.
FINANCIAL ACCOMMODATION. 1.1. In accordance with the Borrower’s request, the Lender will provide to the Borrower financial accommodation in the form of either a line of credit (the Line of Credit) or a loan (the Loan) in the amount identified in the Financial Table on the terms and conditions set out in this Funding Agreement.
FINANCIAL ACCOMMODATION. Company and Bank agree that this Agreement and the services constitute an Agreement to provide a “financial accommodation” as defined in 11 U.S.C. §365.
FINANCIAL ACCOMMODATION. Customer acknowledges that this Agreement is an agreement to provide a “financial accommodation” as that term is defined in federal bankruptcy laws and, as a result, that neither Customer nor any bankruptcy trustee (including Customer when acting as a debtor-in-possession) have the ability to assume or reject this Agreement as an executory contract.
FINANCIAL ACCOMMODATION. Professional acknowledges that this Agreement is a financial accommodation contract for the benefit of Professional, which means that it is not intended to be subject to assumption by a debtor in possession in bankruptcy.
