Insolvency Filing. Notwithstanding anything to the contrary herein, in any Supplemental Confirmation, in the Agreement or in the Definitions, upon any Insolvency Filing in respect of the Issuer, each Transaction hereunder shall automatically terminate on the date thereof without further liability of either party to this Master Forward Confirmation or any related Supplemental Confirmation to the other party (except for any liability in respect of any breach of representation or covenant by a party under this Master Forward Confirmation or any Supplemental Confirmation prior to the date of such Insolvency Filing).
Appears in 9 contracts
Samples: Equity Distribution Agreement (Equinix Inc), Master Forward Confirmation (Alexander & Baldwin, Inc.), Equity Distribution Agreement (ONE Gas, Inc.)
Insolvency Filing. Notwithstanding anything to the contrary herein, in any Supplemental Confirmationthe Agreement, in the Agreement 2006 Definitions or in the Equity Definitions, upon any Insolvency Filing in respect of the IssuerCounterparty, each Transaction hereunder shall automatically terminate on the date thereof without further liability of either party to this Master Forward Confirmation or any related Supplemental Confirmation to the other party (except for any liability in respect of any breach of representation or covenant by a party under this Master Forward Confirmation or any Supplemental Confirmation prior to the date of such Insolvency Filing).
Appears in 3 contracts
Samples: Master Confirmation (Lexington Realty Trust), Master Confirmation (Lexington Realty Trust), Equity Sales Agreement (Lexington Realty Trust)
Insolvency Filing. Notwithstanding anything to the contrary herein, in any Supplemental Confirmation, in the Agreement or in the Definitions, upon any Insolvency Filing in respect of the IssuerParty B, each Transaction hereunder shall automatically terminate on the date thereof without further liability of either party to this Master Forward Confirmation or any related Supplemental Confirmation to the other party (except for any liability in respect of any breach of representation or covenant by a party under this Master Forward Confirmation or any Supplemental Confirmation prior to the date of such Insolvency Filing).
Appears in 2 contracts
Samples: Equity Distribution Agreement (Pinnacle West Capital Corp), Equity Distribution Agreement (Centerpoint Energy Inc)
Insolvency Filing. Notwithstanding anything to the contrary herein, in any Supplemental Confirmation, in the Agreement or in the Definitions, upon any Insolvency Filing in respect of the Issuer, each Transaction hereunder shall automatically terminate on the date thereof without further liability of either party to this Master Forward Confirmation or any related Supplemental Confirmation to the other party (except for any liability in respect of any breach of representation or covenant by a party under this Master Forward Confirmation or any Supplemental Confirmation prior to the date of such Insolvency Filing).
Appears in 1 contract
Samples: Master Confirmation (Portland General Electric Co /Or/)
