Status of Claims in Bankruptcy. JPMorgan acknowledges and agrees that this Confirmation is not intended to convey to JPMorgan rights against Company with respect to the Transaction that are senior to the claims of common stockholders of Company in any United States bankruptcy proceedings of Company; provided that nothing herein shall limit or shall be deemed to limit JPMorgan’s right to pursue remedies in the event of a breach by Company of its obligations and agreements with respect to the Transaction; provided, further, that nothing herein shall limit or shall be deemed to limit JPMorgan’s rights in respect of any transactions other than the Transaction.
Appears in 5 contracts
Samples: Letter Agreement (Ariad Pharmaceuticals Inc), Avis Budget Group, Inc., Avis Budget Group, Inc.
Status of Claims in Bankruptcy. JPMorgan acknowledges and agrees that this Confirmation is not intended to convey to JPMorgan rights against Company Counterparty with respect to the Transaction that are senior to the claims of common stockholders of Company Counterparty in any United States U.S. bankruptcy proceedings of CompanyCounterparty; provided that nothing herein shall limit or shall be deemed to limit JPMorgan’s right to pursue remedies in the event of a breach by Company Counterparty of its obligations and agreements with respect to the Transaction; provided, further, that nothing herein shall limit or shall be deemed to limit JPMorgan’s rights in respect of any transactions other than the Transaction.
Appears in 5 contracts
Samples: Letter Agreement (Accelerate Diagnostics, Inc), GoPro, Inc., Headwaters Inc
Status of Claims in Bankruptcy. JPMorgan acknowledges and agrees that this Confirmation is not intended to convey to JPMorgan rights against Company Counterparty with respect to the Transaction that are senior to the claims of common stockholders of Company Counterparty in any United States bankruptcy proceedings of CompanyCounterparty; provided that nothing herein shall limit or shall be deemed to limit JPMorgan’s right to pursue remedies in the event of a breach by Company Counterparty of its obligations and agreements with respect to the Transaction; provided, further, that nothing herein shall limit or shall be deemed to limit JPMorgan’s rights in respect of any transactions other than the Transaction.
Appears in 5 contracts
Samples: Rights Agreement (Ariad Pharmaceuticals Inc), Avis Budget Group, Inc., TTM Technologies Inc
Status of Claims in Bankruptcy. JPMorgan acknowledges and agrees that this Confirmation is not intended to convey to JPMorgan rights against Company Counterparty with respect to the Transaction that are senior to the claims of common stockholders of Company Counterparty in any United States U.S. bankruptcy proceedings of CompanyCounterparty; provided that nothing herein shall limit or shall be deemed to limit JPMorgan’s right to pursue remedies in the event of a breach by Company Counterparty of its obligations and agreements with respect to the Transaction; provided, further, that nothing herein shall limit or shall be deemed to limit JPMorgan’s rights in respect of any transactions other than the Transaction. For the avoidance of doubt, the parties acknowledge that this Confirmation is not secured by any collateral that would otherwise secure the obligations of Counterparty herein under or pursuant to any other agreement.
Appears in 4 contracts
Samples: Newmont Mining Corp /De/, Newmont Mining Corp /De/, Newmont Mining Corp /De/
Status of Claims in Bankruptcy. JPMorgan acknowledges and agrees that this Confirmation is not intended to convey to JPMorgan rights against Company with respect to the Transaction that are senior to the claims of common stockholders of Company in any United States U.S. bankruptcy proceedings of Company; provided that nothing herein shall limit or shall be deemed to limit JPMorgan’s right to pursue remedies in the event of a breach by Company of its obligations and agreements with respect to the Transaction; provided, further, that nothing herein shall limit or shall be deemed to limit JPMorgan’s rights in respect of any transactions other than the Transaction. For the avoidance of doubt, the parties acknowledge that this Confirmation is not secured by any collateral that would otherwise secure the obligations of Company herein under or pursuant to any other agreement.
Appears in 4 contracts
Samples: Letter Agreement (Newmont Mining Corp /De/), Newmont Mining Corp /De/, Newmont Mining Corp /De/
Status of Claims in Bankruptcy. JPMorgan acknowledges and agrees that this Confirmation is not intended to convey to JPMorgan rights against Company with respect to the Transaction that are senior to the claims of common stockholders of Company in any United States U.S. bankruptcy proceedings of CompanyCounterparty; provided that nothing herein shall limit or shall be deemed to limit JPMorgan’s right to pursue remedies in the event of a breach by Company Counterparty of its obligations and agreements with respect to the Transaction; provided, further, that nothing herein shall limit or shall be deemed to limit JPMorgan’s rights in respect of any transactions other than the Transaction.
Appears in 3 contracts
Samples: Macrovision Corp, Group 1 Automotive Inc, Macrovision Solutions CORP
Status of Claims in Bankruptcy. JPMorgan acknowledges and agrees that this Confirmation is not intended to convey to JPMorgan rights against Company with respect to the Transaction that are senior to the claims of common stockholders of Company in any United States U.S. bankruptcy proceedings of Company; provided that nothing herein shall limit or shall be deemed to limit JPMorgan’s right to pursue remedies in the event of a breach by Company of its obligations and agreements with respect to the Transaction; provided, further, that nothing herein shall limit or shall be deemed to limit JPMorgan’s rights in respect of any transactions other than the Transaction.
Appears in 3 contracts
Samples: Macrovision Corp, Group 1 Automotive Inc, Macrovision Solutions CORP
Status of Claims in Bankruptcy. JPMorgan acknowledges and agrees that this Confirmation is not intended to convey to JPMorgan rights against Company Counterparty with respect to the Transaction that are senior to the claims of common stockholders of Company Counterparty in any United States U.S. bankruptcy proceedings of CompanyCounterparty; provided that nothing herein shall limit or shall be deemed to limit JPMorgan’s 's right to pursue remedies in the event of a breach by Company Counterparty of its obligations and agreements with respect to the Transaction; provided, further, that nothing herein shall limit or shall be deemed to limit JPMorgan’s 's rights in respect of any transactions other than the Transaction.
Appears in 2 contracts
Samples: Sonosite Inc, Chemed Corp
Status of Claims in Bankruptcy. JPMorgan acknowledges and agrees that this Confirmation confirmation is not intended to convey to JPMorgan rights against Company with respect to the Transaction transactions contemplated hereby that are senior to the claims of common stockholders of Company in any United States U.S. bankruptcy proceedings of Company; provided provided, however, that nothing herein shall limit or shall be deemed to limit JPMorgan’s right to pursue remedies in the event of a breach by Company of its obligations and agreements with respect to this Confirmation and the TransactionAgreement; provided, and provided further, that nothing herein shall limit or shall be deemed to limit JPMorgan’s rights in respect of any transactions transaction other than the Transaction.
Appears in 1 contract
Samples: Sonic Automotive Inc
Status of Claims in Bankruptcy. JPMorgan acknowledges and agrees that this Confirmation is not intended to convey to JPMorgan rights against Company Counterparty with respect to the Transaction that are senior to the claims of common stockholders unitholders of Company Counterparty in any United States U.S. bankruptcy proceedings of CompanyCounterparty or Parent; provided that nothing herein shall limit or shall be deemed to limit JPMorgan’s right to pursue remedies in the event of a breach by Company Counterparty or Parent of its obligations and agreements with respect to the Transaction; provided, further, that nothing herein shall limit or shall be deemed to limit JPMorgan’s rights in respect of any transactions other than the Transaction.
Appears in 1 contract
Samples: Kilroy Realty Corp
Status of Claims in Bankruptcy. JPMorgan acknowledges and agrees that this Confirmation is not intended to convey to JPMorgan rights against Company with respect to the Transaction that are senior to the claims of common stockholders of Company in any United States U.S. bankruptcy proceedings of Company; provided that nothing herein shall limit or shall be deemed to limit JPMorgan’s 's right to pursue remedies in the event of a breach by Company of its obligations and agreements with respect to the Transaction; provided, further, that nothing herein shall limit or shall be deemed to limit JPMorgan’s 's rights in respect of any transactions other than the Transaction.
Appears in 1 contract
Samples: Sonosite Inc
Status of Claims in Bankruptcy. JPMorgan acknowledges and agrees that this Confirmation is not intended to convey to JPMorgan rights against Company with respect to the Transaction that are senior to the claims of common stockholders of Company in any United States U.S. bankruptcy proceedings of Company; provided that nothing herein shall limit or shall be deemed to limit JPMorgan’s right to pursue remedies in the event of a breach by Company of its obligations and agreements with respect to the Transaction; provided, further, that nothing herein shall limit or shall be deemed to limit JPMorgan’s rights in respect of any transactions other than the Transaction.
Appears in 1 contract
Samples: Letter Agreement (Headwaters Inc)
Status of Claims in Bankruptcy. JPMorgan acknowledges and agrees that this Confirmation is not intended to convey to JPMorgan rights against Company Parent with respect to the Transaction that are senior to the claims of common stockholders of Company Parent in any United States U.S. bankruptcy proceedings of CompanyParent; provided that nothing herein shall limit or shall be deemed to limit JPMorgan’s right to pursue remedies in the event of a breach by Company Counterparty or Parent of its obligations and agreements with respect to the Transaction; provided, further, that nothing herein shall limit or shall be deemed to limit JPMorgan’s rights in respect of any transactions other than the Transaction.
Appears in 1 contract
Samples: Strategic Hotels & Resorts, Inc