General Creditor Protections. Nothing in Section 8(a) shall restrict the exercise by Counterparty of any Default Right against Dealer with respect to this Confirmation or any other Relevant Agreement that arises as a result of: (i) Dealer becoming subject to an Insolvency Proceeding; or (ii) Dealer not satisfying a payment or delivery obligation pursuant to (A) this Confirmation or any other Relevant Agreement, or (B) another contract between Dealer and Counterparty that gives rise to a Default Right under this Confirmation or any other Relevant Agreement.
Appears in 9 contracts
Samples: Registered Forward Transaction (Agree Realty Corp), Registered Forward Transaction (Agree Realty Corp), Registered Forward Transaction (Agree Realty Corp)
General Creditor Protections. Nothing in Section 8(a9(ff)(i) shall restrict the exercise by Counterparty of any Default Right against Dealer with respect to this Confirmation or any other Relevant Agreement that arises as a result of:
(iA) Dealer becoming subject to an Insolvency Proceeding; or
(iiB) Dealer not satisfying a payment or delivery obligation pursuant to (Ax) this Confirmation or any other Relevant Agreement, or (By) another contract between Dealer and Counterparty that gives rise to a Default Right under this Confirmation or any other Relevant Agreement.
Appears in 8 contracts
Samples: Call Option Transaction (Wayfair Inc.), Base Call Option Transaction (Wayfair Inc.), Call Option Transaction (Wayfair Inc.)
General Creditor Protections. Nothing in Section 8(a9(dd)(i) shall restrict the exercise by Counterparty of any Default Right against Dealer with respect to this Confirmation or any other Relevant Agreement that arises as a result of:
(iA) Dealer becoming subject to an Insolvency Proceeding; or
(iiB) Dealer not satisfying a payment or delivery obligation pursuant to (Ax) this Confirmation or any other Relevant Agreement, or (By) another contract between Dealer and Counterparty that gives rise to a Default Right under this Confirmation or any other Relevant Agreement.
Appears in 5 contracts
Samples: Base Call Option Transaction (Integra Lifesciences Holdings Corp), Call Option Transaction (Integra Lifesciences Holdings Corp), Call Option Transaction (Zillow Group, Inc.)
General Creditor Protections. Nothing in Section 8(a14(a) shall restrict the exercise by Counterparty of any Default Right against Dealer with respect to this Confirmation or any other Relevant Agreement that arises as a result of:
(i) i. Dealer becoming subject to an Insolvency Proceeding; or
(ii) . Dealer not satisfying a payment or delivery obligation pursuant to (Ax) this Confirmation or any other Relevant Agreement, or (By) another contract between Dealer and Counterparty that gives rise to a Default Right under this Confirmation or any other Relevant Agreement.
Appears in 3 contracts
Samples: Warrant Termination Agreement (ServiceNow, Inc.), Warrant Termination Agreement (ServiceNow, Inc.), Call Option Termination Agreement (ServiceNow, Inc.)
General Creditor Protections. Nothing in Section 8(a9(x)(i) shall restrict the exercise by Counterparty of any Default Right against Dealer with respect to this Confirmation or any other Relevant Agreement that arises as a result of:
(iA) Dealer becoming subject to an Insolvency Proceeding; or
(iiB) Dealer not satisfying a payment or delivery obligation pursuant to (Ax) this Confirmation or any other Relevant Agreement, or (By) another contract between Dealer and Counterparty that gives rise to a Default Right under this Confirmation or any other Relevant Agreement.
Appears in 2 contracts
Samples: Call Option Transaction (Tabula Rasa HealthCare, Inc.), Base Call Option Transaction (Tabula Rasa HealthCare, Inc.)
General Creditor Protections. Nothing in Section 8(a9(aa)(i) shall restrict the exercise by Counterparty Company of any Default Right against Dealer with respect to this Confirmation or any other Relevant Agreement that arises as a result of:
(iA) Dealer becoming subject to an Insolvency Proceeding; or
(iiB) Dealer not satisfying a payment or delivery obligation pursuant to (Ax) this Confirmation or any other Relevant Agreement, or (By) another contract between Dealer and Counterparty Company that gives rise to a Default Right under this Confirmation or any other Relevant Agreement.
Appears in 2 contracts
Samples: Warrant Agreement (Tabula Rasa HealthCare, Inc.), Warrant Agreement (Tabula Rasa HealthCare, Inc.)
General Creditor Protections. Nothing in Section 8(a9(dd)(i) shall restrict the exercise by Counterparty Company of any Default Right against Dealer with respect to this Confirmation or any other Relevant Agreement that arises as a result of:
(iA) Dealer becoming subject to an Insolvency Proceeding; or
(iiB) Dealer not satisfying a payment or delivery obligation pursuant to (Ax) this Confirmation or any other Relevant Agreement, or (By) another contract between Dealer and Counterparty Company that gives rise to a Default Right under this Confirmation or any other Relevant Agreement.
Appears in 2 contracts
Samples: Warrant Agreement (Integra Lifesciences Holdings Corp), Warrant Agreement (Integra Lifesciences Holdings Corp)
General Creditor Protections. Nothing in Section 8(a) shall restrict the exercise by Counterparty of any Default Right against Dealer with respect to this Confirmation or any other Relevant Agreement that arises as a result of:
: (i) Dealer becoming subject to an Insolvency Proceeding; or
or (ii) Dealer not satisfying a payment or delivery obligation pursuant to (A) this Confirmation or any other Relevant Agreement, or (B) another contract between Dealer and Counterparty that gives rise to a Default Right under this Confirmation or any other Relevant Agreement.
Appears in 2 contracts
Samples: Confirmation of Registered Forward Transaction (Sun Communities Inc), Registered Forward Transaction (Sun Communities Inc)
General Creditor Protections. Nothing in Section 8(a6(b) shall restrict the exercise by Counterparty of any Default Right against Dealer with respect to the Agreement or this Master Confirmation or any other Relevant Agreement that arises as a result of:
(i) Dealer becoming subject to an Insolvency Proceeding; or
(ii) Dealer not satisfying a payment or delivery obligation pursuant to (A) the Agreement, this Master Confirmation or any other Relevant Agreement, or (B) another contract between Dealer and Counterparty that gives rise to a Default Right under this Confirmation or any other Relevant AgreementSupplemental Confirmation.
Appears in 2 contracts
Samples: Averaging Share Forward Transactions (INCJ, Ltd.), Master Confirmation (General Electric Co)
General Creditor Protections. Nothing in Section 8(a22(a) shall restrict the exercise by Counterparty of any Default Right against Dealer with respect to this the Master Confirmation or any other Relevant Agreement that arises as a result of:
(i1) Dealer becoming subject to an Insolvency Proceeding; or
(ii2) Dealer not satisfying a payment or delivery obligation pursuant to (A) this the Master Confirmation or any other Relevant Agreement, or (B) another contract between Dealer and Counterparty that gives rise to a Default Right under this the Master Confirmation or any other Relevant Agreement.
Appears in 1 contract
Samples: Equity Distribution Agreement (Sabra Health Care REIT, Inc.)
General Creditor Protections. Nothing in Section 8(a14(x)(ii) shall restrict the exercise by Counterparty of any Default Right against Dealer with respect to the Agreement or this Confirmation or any other Relevant Agreement that arises as a result of:
(i1) Dealer becoming subject to an Insolvency Proceeding; or
(ii2) Dealer not satisfying a payment or delivery obligation pursuant to (A) this Confirmation or any other Relevant the Agreement, or (B) another contract between Dealer and Counterparty that gives rise to a Default Right under this Confirmation or any other Relevant AgreementConfirmation.
Appears in 1 contract
Samples: Registered Forward Transaction Confirmation (National Storage Affiliates Trust)
General Creditor Protections. Nothing in Section 8(a13(a) shall restrict the exercise by Counterparty of any Default Right against Dealer with respect to this Confirmation or any other Relevant Agreement that arises as a result of:
(i) i. Dealer becoming subject to an Insolvency Proceeding; or
(ii) . Dealer not satisfying a payment or delivery obligation pursuant to (Ax) this Confirmation or any other Relevant Agreement, or (By) another contract between Dealer and Counterparty that gives rise to a Default Right under this Confirmation or any other Relevant Agreement.
Appears in 1 contract
