Common use of Insolvency Filing Clause in Contracts

Insolvency Filing. The parties hereto agree that, notwithstanding anything to the contrary herein, in the Agreement or the Equity Definitions, the Transaction constitutes a contract to issue a security of CONE as contemplated by Section 365(c)(2) of the Bankruptcy Code and that the Transaction and the obligations and rights of CONE and Dealer (except for any liability as a result of breach of any of the representations or warranties provided by CONE in Sections 4 and 11 hereof) shall immediately terminate, without the necessity of any notice, payment (whether directly, by netting or otherwise) or other action by CONE or Dealer, if, on or prior to the final Settlement Date with respect to a Physical Settlement, a Cash Settlement or a Net Share Settlement, an Insolvency Filing occurs or any other proceeding commences with respect to CONE under the Bankruptcy Code (a “Bankruptcy Termination Event”).

Insolvency Filing. The parties hereto agree that, notwithstanding anything to the contrary herein, in the Agreement or the Equity Definitions, the Transaction constitutes a contract to issue a security of CONE Company as contemplated by Section 365(c)(2) of the Bankruptcy Code and that the Transaction and the obligations and rights of CONE Company and Dealer (except for any liability as a result of breach of any of the representations or warranties provided by CONE Company in Sections 4 and 11 10 hereof) shall immediately terminate, without the necessity of any notice, payment (whether directly, by netting or otherwise) or other action by CONE Company or Dealer, if, on or prior to the final Settlement Date with respect to a Physical Settlement, a Cash Settlement or a Net Share Settlement, an Insolvency Filing occurs or any other proceeding commences with respect to CONE Company under the Bankruptcy Code (a “Bankruptcy Termination Event”).

Insolvency Filing. The parties hereto agree that, notwithstanding anything to the contrary herein, in the Agreement or the Equity Definitions, the Transaction constitutes a contract to issue a security of CONE as contemplated by Section 365(c)(2) of the Bankruptcy Code and that the Transaction and the obligations and rights of CONE and Dealer (except for any liability as a result of breach of any of the representations or warranties provided by CONE in Sections 4 and 11 hereof) shall immediately terminate, without the necessity of any notice, payment (whether directly, by netting or otherwise) or other action by CONE or Dealer, if, on or prior to the final Settlement Date with respect to a Physical Settlement, a Cash Settlement or a Net Share Settlement, an Insolvency Filing occurs or any other proceeding commences with respect to CONE under the Bankruptcy Code (a “Bankruptcy Termination Event”).. Legal Matters