No Collateral or Setoff. Notwithstanding any provision of the Agreement or any other agreement between the parties to the contrary, the obligations of Company hereunder are not secured by any collateral. Both parties waive any rights to set-off or netting, including in any bankruptcy proceedings of Company, amounts due either party with respect to any Transaction hereunder against amounts due to either party from the other party under any other agreement between the parties.
Appears in 18 contracts
Sources: Warrant Agreement (JBT Marel Corp), Warrant Agreement (Axon Enterprise, Inc.), Warrant Agreement (Semtech Corp)
No Collateral or Setoff. Notwithstanding any provision of the Agreement or any other agreement between the parties to the contrary, the obligations of Company hereunder are not secured by any collateral. Both parties waive Neither party shall have the right to set off any rights obligation that it may have to set-off or netting, including in any bankruptcy proceedings of Company, amounts due either party with respect to any Transaction hereunder against amounts due to either party from the other party under the Transaction against any obligation such other party may have to it, whether arising under the Agreement, this Confirmation or any other agreement between the partiesparties hereto, by operation of law or otherwise, and each party hereby waives any such right of setoff.
Appears in 16 contracts
Sources: Warrant Agreement (CONMED Corp), Warrant Agreement (CONMED Corp), Warrant Agreement (CONMED Corp)
No Collateral or Setoff. Notwithstanding any provision of the Agreement or any other agreement between the parties to the contrary, the obligations of Company hereunder are not secured by any collateral. Both parties waive Each party waives any and all rights it may have to set-set off or nettingobligations arising under the Agreement and the Transaction against other obligations between the parties, including in any bankruptcy proceedings of Company, amounts due either party with respect to any Transaction hereunder against amounts due to either party from the other party whether arising under any other agreement between the partiesagreement, applicable law or otherwise.
Appears in 16 contracts
Sources: Warrant Agreement (Liberty Media Corp), Warrant Agreement (Liberty Media Corp), Warrant Agreement (Liberty Media Corp)
No Collateral or Setoff. Notwithstanding any provision of the Agreement or any other agreement between the parties to the contrary, the obligations of Company hereunder are not secured by any collateral. Both parties waive The provisions of Section 2(c) of the Agreement shall not apply to the Transaction. Each party waives any and all rights it may have to set-off delivery or netting, including in payment obligations it owes to the other party under the Agreement and the Transaction against any bankruptcy proceedings of Company, amounts due either party with respect delivery or payment obligations owed to any Transaction hereunder against amounts due to either party from it by the other party under any other agreement between the partiesparties hereto, by operation of law or otherwise.
Appears in 12 contracts
Sources: Warrant Agreement (Advanced Energy Industries Inc), Warrant Agreement (Patrick Industries Inc), Warrant Agreement (Patrick Industries Inc)
No Collateral or Setoff. Notwithstanding any provision of the Agreement or any other agreement between the parties to the contrary, the obligations of Company hereunder are not secured by any collateral. Both parties waive Neither party shall have the right to set off any rights obligation that it may have to set-off or netting, including in any bankruptcy proceedings of Company, amounts due either party with respect to any Transaction hereunder against amounts due to either party from the other party under the Transaction against any obligation such other party may have to it, whether arising under the Agreement, this Confirmation or any other agreement between the partiesparties hereto, by operation of law or otherwise.
Appears in 8 contracts
Sources: Warrant Agreement (Ani Pharmaceuticals Inc), Warrant Agreement (Ani Pharmaceuticals Inc), Warrant Agreement (TTM Technologies Inc)
No Collateral or Setoff. Notwithstanding any provision of the Agreement or any other agreement between the parties to the contrary, the obligations of Company hereunder are not, and shall not be, secured by any collateral. Both parties waive Each party waives any and all rights it may have to set-set off or nettingobligations arising under the Agreement and the Transaction against other obligations between the parties, including in any bankruptcy proceedings of Company, amounts due either party with respect to any Transaction hereunder against amounts due to either party from the other party whether arising under any other agreement between the partiesagreement, applicable law or otherwise.
Appears in 8 contracts
Sources: Warrant Agreement (Chart Industries Inc), Warrant Agreement (Chart Industries Inc), Warrant Agreement (Chart Industries Inc)
No Collateral or Setoff. Notwithstanding any provision of the Agreement or any other agreement between the parties to the contrary, the obligations of Company hereunder are not and shall not be secured by any collateral. Both parties waive Each party waives any and all rights it may have to set-set off or nettingobligations arising under the Agreement and the Transaction against other obligations between the parties, including in any bankruptcy proceedings of Company, amounts due either party with respect to any Transaction hereunder against amounts due to either party from the other party whether arising under any other agreement between the partiesagreement, applicable law or otherwise.
Appears in 6 contracts
Sources: Warrant Agreement (Amag Pharmaceuticals Inc.), Warrant Agreement (Amag Pharmaceuticals Inc.), Warrant Agreement (Amag Pharmaceuticals Inc.)
No Collateral or Setoff. Notwithstanding any provision of the Agreement or any other agreement between the parties to the contrary, the obligations of Company hereunder are not secured by any collateral. Both parties waive Neither party shall have the right to set off any rights obligation that it may have to set-off or netting, including in any bankruptcy proceedings of Company, amounts due either party with respect to any Transaction hereunder against amounts due to either party from the other party under this Transaction against any obligation such other party may have to it, whether arising under the Agreement, this Confirmation or any other agreement between the partiesparties hereto, by operation of law or otherwise.
Appears in 5 contracts
Sources: Warrant Agreement (Wyndham Worldwide Corp), Warrant Agreement (Wyndham Worldwide Corp), Warrant Agreement (TTM Technologies Inc)
No Collateral or Setoff. Notwithstanding any provision of the Agreement or any other agreement between the parties to the contrary, the obligations of Company hereunder are not secured by any collateral. Both parties waive For the avoidance of doubt, in the event of bankruptcy or liquidation of either Company or Dealer, neither party shall have the right to set off any rights obligation that it may have to set-off or netting, including in any bankruptcy proceedings of Company, amounts due either party with respect to any Transaction hereunder against amounts due to either party from the other party under the Transaction against any obligation such other party may have to it, whether arising under the Agreement, this Confirmation or any other agreement between the partiesparties hereto, by operation of law or otherwise.
Appears in 4 contracts
Sources: Warrant Agreement (Auxilium Pharmaceuticals Inc), Warrant Agreement (Auxilium Pharmaceuticals Inc), Warrant Agreement (Auxilium Pharmaceuticals Inc)
No Collateral or Setoff. Notwithstanding any provision of the Agreement or any other agreement between the parties to the contrary, the obligations of Company hereunder are not, and shall not be, secured by any collateral. Both parties waive Each party waives any and all rights it may have to set-set off or nettingobligations arising under the Agreement and the Transaction against other obligations between parties, including in any bankruptcy proceedings of Company, amounts due either party with respect to any Transaction hereunder against amounts due to either party from the other party whether arising under any other agreement between the parties, applicable law or otherwise.
Appears in 1 contract
Sources: Warrant Agreement (Yahoo Inc)
No Collateral or Setoff. Notwithstanding any provision of the Agreement or any other agreement between the parties to the contrary, the obligations of Company hereunder are not secured by any collateral. Both parties waive any rights to set-off or netting, including in any bankruptcy proceedings of Company, amounts due either party with respect to any the Transaction hereunder against amounts due to either party from the other party under any other agreement between the parties.
Appears in 1 contract