Common use of Status of Claims in Bankruptcy Clause in Contracts

Status of Claims in Bankruptcy. Bank acknowledges and agrees that this Confirmation is not intended to convey to Bank rights with respect to the transactions contemplated hereby that are senior to the claims of common stockholders in any U.S. bankruptcy proceedings of Counterparty; provided, however, that nothing herein shall limit or shall be deemed to limit Bank’s right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to this Confirmation and the ISDA Agreement; and, provided, further, that nothing herein shall limit or shall be deemed to limit Bank’s rights in respect of any transaction other than the Transaction.

Appears in 8 contracts

Samples: DDR Corp, DDR Corp, DDR Corp

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Status of Claims in Bankruptcy. Bank acknowledges and agrees that this Confirmation is not intended to convey to Bank rights with respect to the transactions contemplated hereby Transaction that are senior to the claims of common stockholders of Counterparty in any U.S. bankruptcy proceedings of Counterparty; provided, however, provided that nothing herein shall limit or shall be deemed to limit Bank’s right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to this Confirmation and the ISDA AgreementTransaction; and, provided, further, that nothing herein shall limit or shall be deemed to limit Bank’s rights in respect of any transaction transactions other than the Transaction.

Appears in 6 contracts

Samples: Letter Agreement (Textron Inc), Letter Agreement (Sba Communications Corp), Textron Inc

Status of Claims in Bankruptcy. Bank acknowledges and agrees that this Confirmation is not intended to convey to Bank rights with respect to the transactions contemplated hereby Transaction that are senior to the claims of common stockholders of the Company in any U.S. bankruptcy proceedings of Counterpartythe Company; provided, however, provided that nothing herein shall limit or shall be deemed to limit Bank’s right to pursue remedies in the event of a breach by Counterparty the Company of its obligations and agreements with respect to this Confirmation and the ISDA AgreementTransaction; and, provided, further, that nothing herein shall limit or shall be deemed to limit Bank’s rights in respect of any transaction transactions other than the Transaction.

Appears in 5 contracts

Samples: Letter Agreement (Textron Inc), Letter Agreement (Textron Inc), Letter Agreement (Sba Communications Corp)

Status of Claims in Bankruptcy. Bank acknowledges and agrees that this Confirmation is not intended to convey to Bank rights against Counterparty with respect to the transactions contemplated hereby Transaction that are senior to the claims of common stockholders of Counterparty in any U.S. bankruptcy proceedings of Counterparty; provided, however, provided that nothing herein shall limit or shall be deemed to limit Bank’s right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to this Confirmation and the ISDA AgreementTransaction; and, provided, further, that nothing herein shall limit or shall be deemed to limit Bank’s rights in respect of any transaction transactions other than the Transaction.

Appears in 4 contracts

Samples: Letter Agreement (Nuvasive Inc), Nuvasive Inc, Nuvasive Inc

Status of Claims in Bankruptcy. Bank acknowledges and agrees that this Confirmation is not intended to convey to Bank rights against Company with respect to the transactions contemplated hereby Transaction that are senior to the claims of common stockholders of Company in any U.S. bankruptcy proceedings of CounterpartyCompany; provided, however, provided that nothing herein shall limit or shall be deemed to limit Bank’s right to pursue remedies in the event of a breach by Counterparty Company of its obligations and agreements with respect to this Confirmation and the ISDA AgreementTransaction; and, provided, further, that nothing herein shall limit or shall be deemed to limit Bank’s rights in respect of any transaction transactions other than the Transaction.

Appears in 4 contracts

Samples: Letter Agreement (Nuvasive Inc), Letter Agreement (Nuvasive Inc), Nuvasive Inc

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Status of Claims in Bankruptcy. Bank acknowledges and agrees that this Confirmation is not intended to convey to Bank rights against Counterparty with respect to the transactions contemplated hereby Transaction that are senior to the claims of common stockholders of Counterparty in any U.S. bankruptcy proceedings of Counterparty; provided, however, provided that nothing herein shall limit or shall be deemed to limit Bank’s 's right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to this Confirmation and the ISDA AgreementTransaction; and, provided, further, that nothing herein shall limit or shall be deemed to limit Bank’s 's rights in respect of any transaction transactions other than the Transaction.

Appears in 3 contracts

Samples: Legg Mason Inc, Legg Mason Inc, Legg Mason Inc

Status of Claims in Bankruptcy. Bank acknowledges and agrees that this Confirmation is not intended to convey to Bank rights against Company with respect to the transactions contemplated hereby Transaction that are senior to the claims of common stockholders of Company in any U.S. bankruptcy proceedings of CounterpartyCompany; provided, however, provided that nothing herein shall limit or shall be deemed to limit Bank’s 's right to pursue remedies in the event of a breach by Counterparty Company of its obligations and agreements with respect to this Confirmation and the ISDA AgreementTransaction; and, provided, further, that nothing herein shall limit or shall be deemed to limit Bank’s 's rights in respect of any transaction transactions other than the Transaction.

Appears in 3 contracts

Samples: Letter Agreement (Legg Mason Inc), Legg Mason Inc, Legg Mason Inc

Status of Claims in Bankruptcy. Bank acknowledges and agrees that this Confirmation is not intended to convey to Bank rights with respect to the transactions contemplated hereby that are senior to the claims of common stockholders in any U.S. bankruptcy proceedings of Counterparty; provided, however, that nothing herein shall limit or shall be deemed to limit Bank’s 's right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to this Confirmation and the ISDA Agreement; and, provided, further, that nothing herein shall limit or shall be deemed to limit Bank’s 's rights in respect of any transaction other than the Transaction.

Appears in 3 contracts

Samples: Associated Estates Realty Corp, Associated Estates Realty Corp, Associated Estates Realty Corp

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