Securities Contract. The parties hereto agree and acknowledge that Dealer is one or more of a “financial institution” and “financial participant” within the meaning of Sections 101(22) and 101(22A) of the Bankruptcy Code. The parties hereto further agree and acknowledge (A) that this Confirmation is a “securities contract,” as such term is defined in Section 741(7) of the Bankruptcy Code, with respect to which each payment and delivery hereunder or in connection herewith is a “termination value,” “payment amount” or “other transfer obligation” within the meaning of Section 362 of the Bankruptcy Code and a “settlement payment” (as such term is defined in Section 741(8) of the Bankruptcy Code) or a “transfer” within the meaning of Section 546 of the Bankruptcy Code and (B) that Dealer is entitled to the protections afforded by, among other sections, Section 362(b)(6), 362(b)(27), 362(o), 546(e), 546(j), 548(d)(2), 555 and 561 of the Bankruptcy Code.
Appears in 18 contracts
Samples: Bond Hedge Transaction (InterDigital, Inc.), Share Repurchase Transaction (Juniper Networks Inc), Warrant Transaction Confirmation (Qiagen Nv)
Securities Contract. The parties hereto agree Each of Dealer and acknowledge Company agrees and acknowledges that Dealer is one or more of a “financial institution” and “financial participant” within the meaning of Sections sections 101(22) and 101(22A) of Title 11 of the United States Code (the “Bankruptcy Code”). The parties hereto further agree and acknowledge (A) that this Confirmation is a “securities contract,” as such term is defined in Section 741(7) of the Bankruptcy Code, with respect to which each payment and delivery hereunder or in connection herewith is a “termination value,” ”, “payment amount” or “other transfer obligation” within the meaning of Section section 362 of the Bankruptcy Code and is a “settlement payment” (as such term is defined in Section 741(8) of the Bankruptcy Code) or a “transfer” within the meaning of Section section 546 of the Bankruptcy Code Code, and (B) that Dealer is the parties are entitled to the protections afforded by, among other sections, Section section 362(b)(6), 362(b)(27), 362(o), 546(e), 546(j), 548(d)(2), 555 and 561 of the Bankruptcy Code.
Appears in 4 contracts
Samples: Base Warrants Confirmation (Hornbeck Offshore Services Inc /La), Additional Warrants Confirmation (Hornbeck Offshore Services Inc /La), Base Warrants (Hornbeck Offshore Services Inc /La)
Securities Contract. The parties hereto agree and acknowledge that Dealer is one or more of a “financial institution” and “financial participant” within the meaning of Sections 101(22) and 101(22A) of the Bankruptcy Code. The parties hereto further agree and acknowledge (A) that this Confirmation is a “securities contract,” as such term is defined in Section 741(7) of the Bankruptcy Code, with respect to which each payment and delivery hereunder or in connection herewith is a “termination value,” “payment amount” or “other transfer obligation” within the meaning of Section 362 of the Bankruptcy Code and a “settlement payment” (as such term is defined in Section 741(8) of the Bankruptcy Code) or a “transfer” within the meaning of Section 546 of the Bankruptcy Code and (B) that Dealer is entitled to the protections afforded by, among other sections, Section 362(b)(6), 362(b)(27), 362(o), 546(e), 546(j), 548(d)(2), 555 and 561 of the Bankruptcy Code.
Appears in 4 contracts
Samples: Additional Bond Hedge Transaction (DealerTrack Holdings, Inc.), Additional Bond Hedge Transaction (DealerTrack Holdings, Inc.), Base Bond Hedge Transaction (DealerTrack Holdings, Inc.)
Securities Contract. The parties hereto agree Each of Dealer and acknowledge Counterparty agrees and acknowledges that Dealer is one or more of a “financial institution” and “financial participant” within the meaning of Sections sections 101(22) and 101(22A) of Title 11 of the United States Code (the “Bankruptcy Code”). The parties hereto further agree and acknowledge (A) that this Confirmation is a “securities contract,” as such term is defined in Section 741(7) of the Bankruptcy Code, with respect to which each payment and delivery hereunder or in connection herewith is a “termination value,” ”, “payment amount” or “other transfer obligation” within the meaning of Section section 362 of the Bankruptcy Code and is a “settlement payment” (as such term is defined in Section 741(8) of the Bankruptcy Code) or a “transfer” within the meaning of Section section 546 of the Bankruptcy Code and (B) that Dealer is the parties are entitled to the protections afforded by, among other sections, Section section 362(b)(6), 362(b)(27), 362(o), 546(e), 546(j), 548(d)(2), 555 and 561 of the Bankruptcy Code.
Appears in 4 contracts
Samples: Base Call Option Transaction (Hornbeck Offshore Services Inc /La), Additional Call Option Transaction (Hornbeck Offshore Services Inc /La), Base Call Option Transaction (Hornbeck Offshore Services Inc /La)
Securities Contract. The parties hereto agree Each of Dealer and acknowledge Counterparty agrees and acknowledges that Dealer is one or more of a “financial institution” and “financial participant” within the meaning of Sections 101(22) and 101(22A) of the Bankruptcy Code. The parties hereto further agree and acknowledge (A) that this Confirmation (together with any Supplemental Confirmation) is a “securities contract,” as such term is defined in Section 741(7) of the Bankruptcy Code, with respect to which each payment and delivery hereunder or in connection herewith is a “termination value,” “payment amount” or “other transfer obligation” within the meaning of Section 362 of the Bankruptcy Code and a “settlement payment” (as such term is defined in Section 741(8) of the Bankruptcy Code) or a “transfer” within the meaning of Section 546 of the Bankruptcy Code Code, and (B) that Dealer is entitled to the protections afforded by, among other sections, Section Sections 362(b)(6), 362(b)(27), 362(o), 546(e), 546(j), 548(d)(2), 555 and 561 of the Bankruptcy Code.
Appears in 2 contracts
Samples: Variable Postpaid Forward Transaction (Newmark Group, Inc.), Variable Postpaid Forward Transaction (BGC Partners, Inc.)