Qualified Financial Contracts. It is the intention of the parties that, in respect of Counterparty, (a) the Transaction shall constitute a “qualified financial contract” within the meaning of 12 U.S.C. Section 1821(e)(8)(D)(i) and (b) a Non-defaulting Party’s rights under Sections 5 and 6 of the Agreement constitute rights of the kind referred to in 12 U.S.C. Section 1821(e)(8)(A).
Appears in 16 contracts
Samples: Additional Capped Call Transaction (Sunedison, Inc.), Base Capped Call Transaction (Sunedison, Inc.), Call Option Transaction (Homeaway Inc)
Qualified Financial Contracts. It is the intention of the parties that, in respect of Counterparty, (a) the Transaction shall constitute a “"qualified financial contract” " within the meaning of 12 U.S.C. Section 1821(e)(8)(D)(i) and (b) a Non-defaulting Party’s 's rights under Sections 5 and 6 of the Agreement constitute rights of the kind referred to in 12 U.S.C. Section 1821(e)(8)(A).
Appears in 4 contracts
Samples: Equity Derivatives Confirmation (Molson Coors Brewing Co), Equity Derivatives Confirmation (Molson Coors Brewing Co), Equity Derivatives Confirmation (Molson Coors Brewing Co)
Qualified Financial Contracts. It is the intention of the parties that, in respect of Counterparty, that (a) the Transaction shall constitute a “qualified financial contract” within the meaning of 12 U.S.C. Section 1821(e)(8)(D)(i) and (b) a Non-defaulting Party’s rights under Sections 5 and 6 of the Agreement constitute rights of the kind referred to in 12 U.S.C. Section 1821(e)(8)(A).
Appears in 2 contracts
Samples: Note Hedge Transaction (DISH Network CORP), Warrant Transaction Confirmation (DISH Network CORP)