Examples of Counterparty Agreements in a sentence
The receipt by the Issuer of payments and/or deliveries under the Counterparty Agreement(s) is dependent on the timely payment and/or delivery by the Issuer of its obligations under the Counterparty Agreement(s).
The ability of the Issuer to make payment and/or delivery of its obligations under the Counterparty Agreement(s) when due depends on receipt by it of the scheduled payments under and/or deliveries of the Underlying Collateral.
If the Issuer has entered into one or more Counterparty Agreements in connection with the Instruments the ability of the Issuer to meet its obligations under the Instruments will depend on the receipt by it of payments and deliveries under each such Counterparty Agreement.Consequently, the Issuer is exposed to the ability of each Counterparty to perform its obligations under its respective Counterparty Agreement, in addition to the exposure of the Issuer to the Collateral.
Each Guarantor has adequate means to obtain information from each Guarantee Party on a continuing basis concerning the financial condition of each Guarantee Party and its ability to perform its obligations under the Loan Documents, the Counterparty Agreements and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of each Guarantee Party and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations.
Such priority claims include payment of any amounts due to the Counterparty(ies) in connection with the termination of the Counterparty Agreement(s) and, as such, Instrumentholders will be exposed to the termination value of the Counterparty Agreement(s).
Instrumentholders will therefore be exposed to the liquidation value of the Collateral and the termination value of the Counterparty Agreement(s), which may be significantly affected by reduced liquidity.
The Purchaser does not, by purchase, acquisition or acceptance of the rights, title or interest granted hereunder or otherwise pursuant to any of the Transaction Documents, purchase, acquire or accept any assets of the Seller under the Counterparty Agreements, other than the Purchased Assets.
The Purchaser does not, by purchase, acquisition or acceptance of the right, title or interest granted hereunder or otherwise pursuant to any of the Transaction Documents, purchase, acquire or accept any assets or contract rights of the Seller under any of the Counterparty Agreements, other than the Purchased Assets, or any other assets of the Seller.
Notwithstanding any provision in this Purchase and Sale Agreement or any other writing to the contrary, the Purchaser is purchasing, acquiring and accepting only the Purchased Assets and is not assuming any liability or obligation of the Seller or any of the Seller’s Affiliates of whatever nature, whether presently in existence or arising or asserted hereafter, including any liability or obligation of the Seller under the Counterparty Agreements, the Enzon Agreement or [***].
Neither Counterparty has any express right of Set-off under any contract or other agreement against the Royalties or any other amounts payable to the Seller under the Counterparty Agreements.