Common use of No Consent to Assumption Clause in Contracts

No Consent to Assumption. Each Holder of a Unit, by acceptance thereof, shall be deemed expressly to have (a) withheld any consent to the assumption under Section 365 of the Bankruptcy Code or otherwise, of the Purchase Contract by the Company or its trustee, receiver, liquidator or a person or entity performing similar functions in the event that the Company becomes a debtor under the Bankruptcy Code or subject to other similar state or Federal law providing for reorganization or liquidation and (b) agreed with the Company, the Purchase Contract Agent, the Collateral Agent, the Custodial Agent and the Securities Intermediary that the transaction contemplated by the Purchase Contract constitutes a “swap agreement” within the meaning of Section 101 (53B) of the Bankruptcy Code and that each such Holder shall constitute a “swap participant” within the meaning of Section 101 (53C) of the Bankruptcy Code.

No Consent to Assumption. Each Holder of a Unit, by acceptance thereof, shall be deemed expressly to have (ai) withheld any consent to the assumption under Section 365 of the Bankruptcy Code or otherwise, of the Purchase Contract by the Company or its trustee, receiver, liquidator or a person or entity performing similar functions in the event that the Company becomes a debtor under the Bankruptcy Code or subject to other similar state or Federal law providing for reorganization or liquidation and (bii) agreed with the Company, the Purchase Contract Agent, the Collateral Agent, the Custodial Agent and the Securities Intermediary that the transaction contemplated by the Purchase Contract constitutes a “"swap agreement” " within the meaning of Section 101 (53B101(53B)(A)(i)(iv) of the Bankruptcy Code and that each such Holder shall constitute a “"swap participant” " within the meaning of Section 101 (53C101(53C) of the Bankruptcy Code.

No Consent to Assumption. Each Holder of a Unit, by acceptance thereof, shall be deemed expressly to have (ai) withheld any consent to the assumption under Section 365 of the Bankruptcy Code or otherwise, of the Purchase Contract by the Company or its trustee, receiver, liquidator or a person or entity performing similar functions in the event that the Company becomes a debtor under the Bankruptcy Code or subject to other similar state or Federal law providing for reorganization or liquidation and (bii) agreed with the Company, the Purchase Contract Agent, the Collateral Agent, the Custodial Agent and the Securities Intermediary that the transaction contemplated by the Purchase Contract constitutes a “swap agreementforward contract” within the meaning of Section 101 (53B) of the Bankruptcy Code and that each such Holder shall constitute a “swap participantforward contract merchant” within the meaning of Section 101 101(25) and (53C) 26), respectively, of the Bankruptcy Code.