Common use of Seller and Bear Clause in Contracts

Seller and Bear. Xxxxxxx acknowledge and agree that Bear Xxxxxxx is acting as agent and custodian for Seller in connection with this Sales Plan and that Seller is a "customer" of Bear Xxxxxxx within the meaning of Section 741(2) of Title 11 of the United States Code (the "Bankruptcy Code"). Seller and Bear Xxxxxxx further acknowledge and agree that this Sales Plan is a "securities contract," as such term is defined in Section 741(7) of the Bankruptcy Code, entitled to the protections of, among other sections, Sections 362(b)(6), 546(e) and 555 of the Bankruptcy Code.