Common use of Status of Claims in Bankruptcy Clause in Contracts

Status of Claims in Bankruptcy. Dealer acknowledges and agrees that following Counterparty’s receipt of “Shareholder Approval” (as defined in the Indenture) this Confirmation is not intended to convey to Dealer rights against Counterparty with respect to the Transaction that are senior to the claims of common stockholders of Counterparty in any United States bankruptcy proceedings of Counterparty; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to the Transaction; provided, further, that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.

Status of Claims in Bankruptcy. Dealer acknowledges and agrees that following Counterparty’s receipt of “Shareholder Approval” (as defined in the Indenture) this Confirmation is not intended to convey to Dealer rights against either of Counterparty or Parent with respect to the Transaction that are senior to the claims of common stockholders of Counterparty or Parent, as applicable, in any United States bankruptcy proceedings of CounterpartyCounterparty or Parent, as applicable; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by either of Counterparty or Parent, as applicable, of its obligations and agreements with respect to the Transaction; provided, further, further that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.

Status of Claims in Bankruptcy. Dealer acknowledges and agrees that following Counterparty’s receipt of “Shareholder Approval” (as defined in the Indenture) this Confirmation is not intended to convey to Dealer rights against either of Counterparty or Parent with respect to the Transaction that are senior to the claims of common stockholders of Counterparty or Parent, as applicable, in any United States bankruptcy proceedings of CounterpartyCounterparty or Parent, as applicable; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by either of Counterparty or Parent, as applicable, of its obligations and agreements with respect to the Transaction; provided, further, that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.

Status of Claims in Bankruptcy. Dealer acknowledges and agrees that following Counterparty’s receipt of “Shareholder Approval” (as defined in the Indenture) neither this Master Confirmation nor any Supplemental Confirmation is not intended to convey to Dealer rights against Counterparty with respect to the Transaction Transactions contemplated hereby that are senior to the claims of Counterparty’s common stockholders of Counterparty in any United States U.S. bankruptcy proceedings of Counterparty; provided provided, however, that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty of its obligations and agreements with respect to this Master Confirmation, any Supplemental Confirmation and the TransactionAgreement; provided, and provided further, that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions transaction other than the TransactionTransactions.

Status of Claims in Bankruptcy. Dealer acknowledges and agrees that following Counterparty’s receipt of “Shareholder Approval” (as defined in the Indenture) this Confirmation is not intended to convey to Dealer rights against Counterparty or Parent with respect to the Transaction that are senior to the claims of common stockholders unitholders of Counterparty or common shareholders of Parent, as the case may be, in any United States bankruptcy proceedings of CounterpartyCounterparty or Parent, as applicable; provided that nothing herein shall limit or shall be deemed to limit Dealer’s right to pursue remedies in the event of a breach by Counterparty or Parent of its their respective obligations and agreements with respect to the Transaction; provided, further, provided further that nothing herein shall limit or shall be deemed to limit Dealer’s rights in respect of any transactions other than the Transaction.