Securities Contract; Swap Agreement. The parties hereto intend for (i) the Transaction to be a “securities contract” and a “swap agreement” as defined in the Bankruptcy Code (Title 11 of the United States Code) (the “Bankruptcy Code”), and the parties hereto to be entitled to the protections afforded by, among other Sections, Sections 362(b)(6), 362(b)(17), 546(e), 546(g), 555 and 560 of the Bankruptcy Code, (ii) a party’s right to liquidate the Transaction and to exercise any other remedies upon the occurrence of any Event of Default under the Agreement with respect to the other party to constitute a “contractual right” as described in the Bankruptcy Code, and (iii) each payment and delivery of cash, securities or other property hereunder to constitute a “margin payment” or “settlement payment” and a “transfer” as defined in the Bankruptcy Code.
Appears in 629 contracts
Samples: Call Option Transaction (Granite Construction Inc), Call Option Transaction (Microchip Technology Inc), Call Option Transaction (Federal Realty OP LP)
Securities Contract; Swap Agreement. The parties hereto intend for for: (ia) the Transaction to be a “securities contract” and a “swap agreement” as defined in the Bankruptcy Code (Title 11 of the United States Code) (the “Bankruptcy Code”), and the parties hereto to be entitled to the protections afforded by, among other Sections, Sections 362(b)(6), 362(b)(17), 546(e), 546(g), 555 and 560 of the Bankruptcy Code, ; (iib) a party’s right to liquidate the Transaction and to exercise any other remedies upon the occurrence of any Event of Default under the Agreement with respect to the other party to constitute a “contractual right” as described in the Bankruptcy Code, ; and (iiic) each payment and delivery of cash, securities or other property hereunder to constitute a “margin payment” or “settlement payment” and a “transfer” as defined in the Bankruptcy Code.
Appears in 62 contracts
Samples: Warrant Agreement (TTM Technologies Inc), Warrant Agreement (TTM Technologies Inc), Additional Call Option Transaction (TTM Technologies Inc)
Securities Contract; Swap Agreement. The parties hereto intend for (i) the Transaction to be a “"securities contract” " and a “"swap agreement” " as defined in the Bankruptcy Code (Title 11 of the United States Code) (the “"Bankruptcy Code”"), and the parties hereto to be entitled to the protections afforded by, among other Sections, Sections 362(b)(6), 362(b)(17), 546(e), 546(g), 555 and 560 of the Bankruptcy Code, (ii) a party’s 's right to liquidate the Transaction and to exercise any other remedies upon the occurrence of any Event of Default under the Agreement with respect to the other party to constitute a “"contractual right” " as described in the Bankruptcy Code, and (iii) each payment and delivery of cash, securities or other property hereunder to constitute a “"margin payment” " or “"settlement payment” " and a “"transfer” " as defined in the Bankruptcy Code.
Appears in 7 contracts
Samples: Call Option Transaction (Servicesource International, Inc.), Warrant Confirmation (Healthways, Inc), Warrant Agreement (Healthways, Inc)
Securities Contract; Swap Agreement. The parties hereto intend for (i) the Transaction to be a “securities contract” and a “swap agreement” as defined in the Bankruptcy Code (Title 11 of the United States Xxxxxx Xxxxxx Code) (the “Bankruptcy Code”), and the parties hereto to be entitled to the protections afforded by, among other Sections, Sections 362(b)(6), 362(b)(17), 546(e), 546(g), 555 and 560 of the Bankruptcy Code, (ii) a party’s right to liquidate the Transaction and to exercise any other remedies upon the occurrence of any Event of Default under the Agreement with respect to the other party to constitute a “contractual right” as described in the Bankruptcy Code, and (iii) each payment and delivery of cash, securities or other property hereunder to constitute a “margin payment” or “settlement payment” and a “transfer” as defined in the Bankruptcy Code.
Appears in 5 contracts
Samples: Base Call Option Transaction (Nevro Corp), Warrant Agreement (CalAmp Corp.), Call Option Transaction (Horizon Pharma, Inc.)
Securities Contract; Swap Agreement. The parties hereto intend for for: (ia) the Transaction to be a “securities contract” and a “swap agreement” as defined in the Bankruptcy Code (Title 11 of the United States Code) (the “Bankruptcy Code”), and the parties hereto to be entitled to the protections afforded by, among other Sections, Sections 362(b)(6), 362(b)(17), 546(e), 546(g), 555 and 560 of the Bankruptcy Code, ; (iib) a party’s right to liquidate the Transaction and to exercise any other remedies upon the occurrence of any Event of Default under the Agreement with respect to the other party to constitute a “contractual right” as described in the Bankruptcy Code, ; and (iiic) each payment and delivery of cash, securities cash or other property hereunder to constitute a “margin payment” or “settlement payment” and a “transfer” as defined in the Bankruptcy Code.
Appears in 3 contracts
Samples: Call Option Transaction (Wyndham Worldwide Corp), Call Option Transaction (Wyndham Worldwide Corp), Call Option Transaction (Wyndham Worldwide Corp)
Securities Contract; Swap Agreement. The parties hereto intend for for: (ia) the Transaction to be a “"securities contract” " and a “"swap agreement” " as defined in the Bankruptcy Code (Title 11 of the United States Code) (the “"Bankruptcy Code”"), and the parties hereto to be entitled to the protections afforded by, among other Sections, Sections 362(b)(6), 362(b)(17), 546(e), 546(g), 555 and 560 of the Bankruptcy Code, ; (iib) a party’s 's right to liquidate the Transaction and to exercise any other remedies upon the occurrence of any Event of Default under the Agreement with respect to the other party to constitute a “"contractual right” " as described in the Bankruptcy Code, ; and (iiic) each payment and delivery of cash, securities or other property hereunder to constitute a “"margin payment” " or “"settlement payment” " and a “"transfer” " as defined in the Bankruptcy Code.
Appears in 3 contracts
Samples: Warrant Agreement (Sonosite Inc), Call Option Transaction (Sonosite Inc), Call Option Transaction (Chemed Corp)
Securities Contract; Swap Agreement. The parties hereto intend for for: (ia) the Transaction to be a “"securities contract” " and a “"swap agreement” " as defined in the U.S. Bankruptcy Code (Title 11 of the United States Code) (the “"Bankruptcy Code”"), and the parties hereto to be entitled to the protections afforded by, among other Sections, Sections 362(b)(6), 362(b)(17), 546(e), 546(g), 555 and 560 of the Bankruptcy Code, ; (iib) a party’s 's right to liquidate the Transaction and to exercise any other remedies upon the occurrence of any Event of Default under the Agreement with respect to the other party to constitute a “"contractual right” " as described in the Bankruptcy Code, ; and (iiic) each payment and delivery of cash, securities or other property hereunder to constitute a “"margin payment” " or “"settlement payment” " and a “"transfer” " as defined in the Bankruptcy Code.
Appears in 2 contracts
Samples: Warrant Agreement (Legg Mason Inc), Warrant Agreement (Legg Mason Inc)
Securities Contract; Swap Agreement. The parties hereto intend for (i) the Transaction to be a “securities contract” and a “swap agreement” as defined in the Bankruptcy Code (Title 11 of the United States Code) (the “Bankruptcy Code”), and the parties hereto to be entitled to the protections afforded by, among other Sections, Sections 362(b)(6), 362(b)(17), 546(e), 546(g), 555 and 560 of the Bankruptcy Code, (ii) a party’s right to liquidate the Transaction and to exercise any other remedies upon the occurrence of any Event of Default under the Agreement with respect to the other party to constitute a “contractual right” as described in the Bankruptcy Code, and (iii) each payment and delivery of cash, securities or other property hereunder to constitute a “margin payment” or “settlement payment” and a “transfer” as defined in the Bankruptcy Code.
Appears in 2 contracts
Samples: Warrant Agreement (Ariad Pharmaceuticals Inc), Base Call Option Transaction (Ariad Pharmaceuticals Inc)
Securities Contract; Swap Agreement. The parties hereto intend for (i) the Transaction to be a “securities contract” and a “swap agreement” as defined in the Bankruptcy Code (Title 11 of the United States Code) (the “Bankruptcy Code”), and the parties hereto to be entitled to the protections afforded by, among other Sections, Sections 362(b)(6), 362(b)(17), 546(e), 546(g), 555 and 560 of the Bankruptcy Code, (ii) a party’s 's right to liquidate the Transaction and to exercise any other remedies upon the occurrence of any Event of Default under the Agreement with respect to the other party to constitute a “contractual right” as described in the Bankruptcy Code, and (iii) each payment and delivery of cash, securities or other property hereunder to constitute a “margin payment” or “settlement payment” and a “transfer” as defined in the Bankruptcy Code.
Appears in 2 contracts
Samples: Warrant Agreement (Wright Medical Group Inc), Base Call Option Transaction (Wright Medical Group Inc)
Securities Contract; Swap Agreement. The parties hereto intend for for: (ia) the Transaction to be a “securities contract” and a “swap agreement” as defined in the Bankruptcy Code (Title 11 of the United States Code) (the “Bankruptcy Code”), and the parties hereto to be entitled to the protections afforded by, among other Sections, Sections 362(b)(6), 362(b)(17), 546(e), 546(g), 555 and 560 of the Bankruptcy Code, ; (iib) a party’s right to liquidate the Transaction and to exercise any other remedies upon the occurrence of any Event of Default under the Agreement with respect to the other party to constitute a “contractual right” as described in the Bankruptcy Code, ; and (iiic) each payment and delivery of cash, securities or other property hereunder to constitute a “margin payment” or “settlement payment” and a “transfer” as defined in the Bankruptcy Code...
Appears in 1 contract
Samples: Warrants (Capitalsource Inc)
Securities Contract; Swap Agreement. The parties hereto intend for for: (ia) the Transaction to be a “‘securities contract” and a “‘swap agreement” as defined in the Bankruptcy Code (Title 11 of the United States Code) (the “Bankruptcy Code”), and the parties hereto to be entitled to the protections afforded by, among other Sections, Sections 362(b)(6), 362(b)(17), 546(e), 546(g), 555 and 560 of the Bankruptcy Code, ; (iib) a party’s right to liquidate the Transaction and to exercise any other remedies upon the occurrence of any Event of Default under the Agreement with respect to the other party to constitute a “contractual right” as described in the Bankruptcy Code, ; and (iiic) each payment and delivery of cash, securities or other property hereunder to constitute a “margin payment” or “‘settlement payment” and a “transfer” as defined in the Bankruptcy Code.
Appears in 1 contract