Taberna Transferred Rights.
Means any Any and all of Taberna's right, title, and interest in, to and under the Original
Preferred Securities, Holdings, together with the following: (i)
the Existing Indentures and Trust Agreement; (ii) all amounts payable to Taberna under the Original
Preferred Securities, Holdings, the Existing
Indentures Indenture and/or the Trust
Agreements, Agreement, excluding, however, amounts payable on account of
interest accrued distributions for the period from October 30,
2008 2009 through
and... including January 29, 2009; (iii) 15, 2010; (ii) all claims (including "claims" as defined in Bankruptcy Code §101(5)), suits, causes of action, and any other right of Taberna, whether known or unknown, against the Company or any of its affiliates (including the Trusts), Trust), agents, representatives, contractors, advisors, or any other entity that in any way is based upon, arises out of or is related to any of the foregoing, including all claims (including contract claims, tort claims, malpractice claims, and claims under any law governing the exchange of, purchase and sale of, or indentures for, securities), suits, causes of action, and any other right of Taberna against any attorney, accountant, financial advisor, or other entity arising under or in connection with the Original Preferred Securities, Holdings, the Existing Indentures, Indenture, the Trust Agreements Agreement or the transactions related thereto or contemplated thereby; (iv) (iii) all guarantees and all collateral and security of any kind for or in respect of the foregoing; (v) (iv) all cash, securities, or other property, and all setoffs and recoupments, to be received, applied, or effected by or for the account of Taberna under the Original Preferred Securities, Holdings, other than fees, costs and expenses payable to Taberna hereunder and all cash, securities, interest, dividends, and other property that may be exchanged for, or distributed or collected with respect to, any of the foregoing; and (vi) (v) all proceeds of the foregoing. foregoing
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Taberna Transferred Rights. Means any and all of
Taberna's Taberna IX's right, title, and interest in, to and under the Original
Preferred Securities, Security, together with the following: (i) the Existing
Indentures Indenture and Trust Agreement; (ii) all amounts payable to Taberna
IX under the Original
Preferred Securities, Security, the Existing
Indentures Indenture and/or the Trust
Agreements, Agreement, excluding, however, amounts payable on account of interest for the period from
October January 30,
2008 2009... through January May 29, 2009; (iii) all claims (including "claims" as defined in Bankruptcy Code §101(5)), suits, causes of action, and any other right of Taberna, Taberna IX, whether known or unknown, against the Company or any of its affiliates Affiliates (including the Trusts), or their respective agents, representatives, contractors, advisors, directors, officers and trustees or any other entity or individual that in any way is based upon, arises out of or is related to any of the foregoing, including all claims (including contract claims, tort claims, malpractice claims, and claims under any law governing the exchange of, purchase and sale of, or indentures for, securities), suits, causes of action, and any other right of Taberna IX against any attorney, accountant, financial advisor, or other entity arising under or in connection with the Original Preferred Securities, Security, the Existing Indentures, Indenture, the Trust Agreements Agreement or the transactions related thereto or contemplated thereby; thereby but, excluding the transactions contemplated under this Agreement; (iv) all guarantees and all collateral and security of any kind for or in respect of the foregoing; (v) all cash, securities, or other property, and all setoffs and recoupments, to be received, applied, or effected by or for the account of Taberna IX under the Original Preferred Securities, Security, other than fees, costs and expenses payable to Taberna IX hereunder and all cash, securities, interest, dividends, and other property that may be exchanged for, or distributed or collected with respect to, any of the foregoing; and (vi) all proceeds of the foregoing.
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Taberna Transferred Rights. Means any and all of Taberna's right, title, and interest in, to and under the
Original Preferred Securities,
together with including, without limitation, the following: (i) the
Existing Indentures Indenture and Trust Agreement; (ii) all amounts payable to Taberna under the
Original Preferred Securities, the
Existing Indentures Indenture and/or the Trust
Agreements, Agreement, excluding, however, amounts payable on account of
all outstanding accrued interest
for through and including the
period... from October 30, 2008 through January 29, 2009; Closing Date; (iii) all claims (including "claims" as defined in Section §101(5) of the Bankruptcy Code §101(5)), Code), suits, causes of action, and any other right of Taberna, whether known or unknown, against the Company or any of its affiliates Affiliates (including the Trusts), Trust), agents, representatives, contractors, advisors, or any other entity that in any way is based upon, arises out of or is related to any of the foregoing, including all claims (including contract claims, tort claims, malpractice claims, and claims under any law governing the exchange of, purchase and sale of, or indentures for, securities), suits, causes of action, and any other right of Taberna against any attorney, accountant, financial advisor, or other entity arising under or in connection with the Original Preferred Securities, the Existing Indentures, Indenture, the Trust Agreements Agreement, or the transactions related thereto or contemplated thereby; (iv) all guarantees and all collateral and security of any kind for or in respect of the foregoing; (v) all cash, securities, or other property, and all setoffs and recoupments, to be received, applied, or effected by or for the account of Taberna under the Original Preferred Securities, the Indenture and the Trust Agreement, other than fees, costs and expenses payable to Taberna hereunder and all cash, securities, interest, dividends, and other property that may be exchanged for, or distributed or collected with respect to, any of the foregoing; and (vi) all proceeds of the foregoing.
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