Supplementary Agreement. The parties stipulate and agree that the escrow provisions in this Section 6(b) (Escrow Establishment) of Attachment B (Facility Owned by Seller) and the Source Code Escrow Agreement and Proceeds Escrow Agreement are "supplementary agreements" as contemplated in Section 365(n)(1)(B) of the Code. In any voluntary or involuntary bankruptcy proceeding involving Seller, failure by Company to assert its rights to "retain its rights" to the intellectual property encompassed by the Source Code or the funds in the Proceeds Escrow, pursuant to Section 365(n)(1)(B) of the Code, under an executory contract rejected in a bankruptcy proceeding, shall not be construed as an election to terminate the contract by Company under Section 365(n)(1)(A) of the Code.
Appears in 13 contracts
Samples: Power Purchase Agreement, Scheduled and Contingency Capacity Purchase Agreement, Scheduled and Contingency Capacity Purchase Agreement
Supplementary Agreement. The parties stipulate and agree that the escrow provisions in this Attachment B (Facility Owned By Seller), Section 6(b) (Escrow Establishment) of Attachment B (Facility Owned by Seller) and the Source Code Escrow Agreement and Proceeds Monetary Escrow Agreement are "supplementary agreements" as contemplated in Section 365(n)(1)(B) of the Code. In any voluntary or involuntary bankruptcy proceeding involving Seller, failure by Company to assert its rights to "retain its rights" to the intellectual property encompassed by the Source Code or the funds in the Proceeds Escrowmonetary escrow, pursuant to Section 365(n)(1)(B) of the Code, under an executory contract rejected in a bankruptcy proceeding, shall not be construed as an election to terminate the contract by Company under Section 365(n)(1)(A) of the Code.
Appears in 9 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Supplementary Agreement. The parties stipulate and agree that the escrow provisions in this Section 6(b) (Escrow Establishment) of Attachment B (Facility Owned by Seller) ), and the Source Code Escrow Agreement and Proceeds Escrow Agreement are "supplementary agreements" as contemplated in Section 365(n)(1)(B) of the Code. In any voluntary or involuntary bankruptcy proceeding involving Seller, failure by Company to assert its rights to "retain its rights" to the intellectual property encompassed by the Source Code or the funds in the Proceeds Escrow, pursuant to Section 365(n)(1)(B) of the Code, under an executory contract rejected in a bankruptcy proceeding, shall not be construed as an election to terminate the contract by Company under Section 365(n)(1)(A) of the Code.
Appears in 8 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Supplementary Agreement. The parties stipulate and agree that the escrow provisions in this Section 6(b) (Escrow Establishment) of Attachment B (Facility Owned by Seller) ), and the Source Code Escrow Agreement and Proceeds Escrow Agreement are "“supplementary agreements" ” as contemplated in Section 11 U.S.C. § 365(n)(1)(B) of the Code). In any voluntary or involuntary bankruptcy proceeding involving Seller, failure by Company to assert its rights to "“retain its rights" ” to the intellectual property encompassed by the Source Code or the funds in the Proceeds Escrow, pursuant to Section 11 U.S.C. § 365(n)(1)(B) of the Code), under an executory contract rejected in a bankruptcy proceeding, shall not be construed as an election to terminate the contract by Company under Section 11 U.S.C. § 365(n)(1)(A) of the Code).
Appears in 7 contracts
Samples: Energy Storage Power Purchase Agreement, Energy Storage Power Purchase Agreement, Energy Storage Power Purchase Agreement
Supplementary Agreement. The parties stipulate and agree that the escrow provisions in this Section 6(b) 5.1 (Escrow Establishment) of Attachment B (Facility Owned by Seller) Source Code), and the Source Code Escrow Agreement and Proceeds Monetary Escrow Agreement are "“supplementary agreements" ” as contemplated in Section 365(n)(1)(B) of the United States Bankruptcy Code (“Code”). In any voluntary or involuntary bankruptcy proceeding involving SellerSupplier, failure by Company to assert its rights to "“retain its rights" ” to the intellectual property encompassed by the Source Code or the funds in the Proceeds Escrowmonetary escrow, pursuant to Section 365(n)(1)(B) of the Code, under an executory contract rejected in a bankruptcy proceeding, shall not be construed as an election to terminate the contract by Company under Section 365(n)(1)(A) of the Code.. EVENTS OF DEFAULT
Appears in 2 contracts
Samples: Grid Services Purchase Agreement, Grid Services Purchase Agreement
Supplementary Agreement. The parties stipulate and agree that the escrow provisions in this Attachment B (Facility Owned By Seller), Section 6(b) (Escrow Establishment) of Attachment B (Facility Owned by Seller) and the Source Code Escrow Agreement and Proceeds Escrow Agreement are "supplementary agreements" as contemplated in Section 365(n)(1)(B) of the Code. In any voluntary or involuntary bankruptcy proceeding involving Seller, failure by Company to assert its rights to "retain its rights" to the intellectual property encompassed by the Source Code or the funds in the Proceeds Escrow, pursuant to Section 365(n)(1)(B) of the Code, under an executory contract rejected in a bankruptcy proceeding, shall not be construed as an election to terminate the contract by Company under Section 365(n)(1)(A) of the Code.
Appears in 2 contracts
Supplementary Agreement. The parties stipulate and agree that the escrow provisions in this Section 6(b) (Escrow Establishment) of Attachment B (Facility Owned by SellerSubscriber Organization) and the Source Code Escrow Agreement and Proceeds Escrow Agreement are "supplementary agreements" as contemplated in Section 365(n)(1)(B) of the Code. In any voluntary or involuntary bankruptcy proceeding involving SellerSubscriber Organization, failure by Company to assert its rights to "retain its rights" to the intellectual property encompassed by the Source Code or the funds in the Proceeds Escrow, pursuant to Section 365(n)(1)(B) of the Code, under an executory contract rejected in a bankruptcy proceeding, shall not be construed as an election to terminate the contract by Company under Section 365(n)(1)(A) of the Code.
Appears in 1 contract
Samples: Power Purchase Agreement