Forward Contract. Each Party represents and warrants to the other that it is a “forward contract merchant” within the meaning of the United States Bankruptcy Code, that this Agreement is a “forward contract” within the meaning of the United States Bankruptcy Code, and that the remedies identified in this Agreement, including but not limited to those specified in Section 7, shall be “contractual rights” as provided for in 11 U.S.C. § 556 as that provision may be amended from time to time.
Appears in 28 contracts
Samples: Master Power Agreement, Renewable Energy Certificate Purchase Agreement, Master Certificate Sale Agreement
Forward Contract. Each Party represents and warrants to the other that it is a “forward contract merchant” within the meaning of the United States Bankruptcy Code, that this Agreement is a “forward contract” within the meaning of the United States Bankruptcy Code, and that the remedies identified in this Agreement, including but not limited to those specified in Section 7, Agreement shall be “contractual rights” as provided for in 11 U.S.C. § 556 as that provision may be amended from time to time.
Appears in 28 contracts
Samples: Renewable Energy Standard Agreement, Offshore Wind Renewable Energy Certificate Purchase and Sale Agreement, Renewable Energy Certificate Purchase and Sale Agreement
Forward Contract. Each Party represents and warrants to the other that it is a “forward contract merchant” within the meaning of the United States Bankruptcy Code, that this Agreement is a “forward contract” within the meaning of the United States Bankruptcy Code, and that the remedies identified in this Agreement, including but not limited to those specified in Section 76, shall be “contractual rights” as provided for in 11 U.S.C. § 556 as that provision may be amended from time to time.
Appears in 9 contracts
Samples: Certificate Purchase Agreement, Certificate Purchase Agreement, Certificate Purchase Agreement
Forward Contract. Each Party represents and warrants to the other that it is a “forward contract merchant” within the meaning of the United States Bankruptcy Code, that this Agreement is a “forward contract” within the meaning of the United States Bankruptcy Code, and that the remedies identified in this Agreement, including but not limited to those specified in Section 7, shall be “contractual rights” as provided for in 11 U.S.C. § 556 as that provision may be amended from time to time.
Appears in 4 contracts
Samples: Power Supply Agreement, Power Supply Agreement, Power Supply Agreement
Forward Contract. Each Party represents and of the Parties hereto warrants to the other Party that it is a “forward contract merchant” within the meaning of the United States Bankruptcy Code, that § 101(26) (“Section 101(26)”) and this Agreement is a and all purchase and sale transactions hereunder constitute “forward contractcontracts” within the meaning of the United States Bankruptcy Code, and that the remedies identified in this Agreement, including but not limited to those specified in Section 7, shall be “contractual rights” as provided for in 11 U.S.C. § 556 as that provision may be amended from time to time101(26).
Appears in 3 contracts
Samples: Oil Feedstock Supply Agreement, Oil Feedstock Supply Agreement (Renewable Energy Group, Inc.), Oil Feedstock Supply Agreement (REG Newco, Inc.)
Forward Contract. Each Party represents and warrants to the other that it is a “forward contract merchant” within the meaning of the United States Bankruptcy Code, that this Agreement is a “forward contract” within the meaning of the United States Bankruptcy Code, and that the remedies identified in this Agreement, including but not limited to those specified in Section 7, Agreement shall be “contractual rights” as provided for in 11 U.S.C. § 556 as that provision may be amended from time to time.. 61
Appears in 2 contracts
Samples: Offshore Wind Renewable Energy Certificate Purchase and Sale Agreement, Offshore Wind Renewable Energy Certificate Purchase and Sale Agreement
Forward Contract. Each Party represents The Parties agree and warrants to the other acknowledge that it is they are each a “forward contract merchant” within the meaning of the United States Bankruptcy Code, that this Agreement is a “forward contract” within the meaning of the United States Bankruptcy Code, and that the remedies identified in this Agreement, including but not limited to those specified in Section 7, shall be “contractual rights” as provided for in 11 U.S.C. § 556 as that provision may be amended from time to time.
Appears in 1 contract
Samples: Power Supply Agreement
Forward Contract. Each Party represents and warrants to the other that it is a “forward contract merchant” within the meaning of the United States Bankruptcy Code, that this Agreement is a “forward contract” within the meaning of the United States Bankruptcy Code, and that the remedies identified in this Agreement, including but not limited to those specified in Section 7, Agreement shall be “contractual rights” as provided for in 11 U.S.C. § 556 as that provision may be amended from time to time.
Appears in 1 contract
Samples: Credit Agreement (Sunrun Inc.)
Forward Contract. Each Party represents The Parties agree and warrants to the other acknowledge that it is they are each a “forward contract merchant” within the meaning of the United States Bankruptcy Code, that this Agreement is a “forward contract” within the meaning of the United States Bankruptcy Code, and that the remedies identified in this Agreement, including but not limited to those specified in Section 7Article 7 above, shall be “contractual rights” as provided for in 11 U.S.C. § 556 as that provision may be amended from time to time.
Appears in 1 contract
Samples: Power Supply Agreement
Forward Contract. The Parties acknowledge and agree that this Agreement and the transactions contemplated hereunder are a “forward contract” within the meaning of the United States Bankruptcy Code. Each Party represents and warrants warrants, solely as to the other itself, that it is (i) a “forward contract merchant” within the meaning of the United States Bankruptcy Code, that this Agreement is a Code and (ii) an “forward contracteligible commercial entity” and an “eligible contract participant” within the meaning of the United States Bankruptcy Code, and that the remedies identified in this Agreement, including but not limited to those specified in Section 7, shall be “contractual rights” as provided for in 11 U.S.C. § 556 as that provision may be amended from time to timeCommodities Exchange Act.
Appears in 1 contract
Samples: Power Purchase Agreement