Agents and Attorneys. The Warrant Agent may execute and exercise any of the rights or powers hereby vested in it or perform any duty hereunder either itself or by or through its attorney or agents, and the Warrant Agent shall not be answerable or accountable for any act, default, neglect or misconduct of any such attorney or agents or subcontractors or for any loss to the Company resulting from any such act, default, neglect or misconduct, absent gross negligence, bad faith or willful misconduct (each as determined by a final, non-appealable judgment of a court of competent jurisdiction) in the selection or continued employment thereof.
Appears in 8 contracts
Sources: Warrant Agreement (DeFi Development Corp.), Warrant Agreement (Opendoor Technologies Inc.), Warrant Agreement (Opendoor Technologies Inc.)
Agents and Attorneys. The Warrant Agent may execute and exercise any of the rights or powers hereby vested in it or perform any duty hereunder either itself or by or through its attorney or agents, and the Warrant Agent shall not be answerable or accountable for any act, default, neglect or misconduct of any such attorney or agents or subcontractors or for any loss to the Company resulting from any such act, default, neglect or misconduct, absent gross negligencebad faith, bad faith or willful misconduct or gross negligence (each as determined by a final, non-appealable judgment order, judgment, decree or ruling of a court of competent jurisdiction) in the selection or continued employment thereof.
Appears in 2 contracts
Sources: Warrant Agreement (Xerox Holdings Corp), Warrant Agreement (Xerox Holdings Corp)
Agents and Attorneys. The Warrant Agent may execute and exercise any of the rights or powers hereby vested in it or perform any duty hereunder either itself or by or through its attorney attorneys or agents, and the Warrant Agent shall not be answerable or accountable for any act, default, neglect or misconduct of any such attorney attorneys or agents or subcontractors or for any loss to the Company resulting from any such act, default, neglect or misconduct, absent gross negligence, bad faith or willful misconduct (each as determined by a final, non-appealable judgment of a court of competent jurisdiction) in the selection or continued employment engagement thereof.
Appears in 2 contracts
Sources: Warrant Agreement (GameStop Corp.), Warrant Agreement (GameStop Corp.)