Appointment of Warrant Agent. The Company hereby appoints the Warrant Agent to act as agent for the Company in accordance with the provisions of this Agreement and the Warrant Agent hereby accepts such appointment. The Warrant Agent shall not be liable for anything that it may do or refrain from doing in connection with this Agreement, except for its own gross negligence, willful misconduct or bad faith.
Appears in 15 contracts
Samples: Warrant Agreement (Associated Banc-Corp), Warrant Agreement (Wintrust Financial Corp), Warrant Agreement (Suntrust Banks Inc)
Appointment of Warrant Agent. The Company hereby appoints the Warrant Agent to act as agent for the Company in accordance with for the provisions of this Agreement Warrants, and the Warrant Agent hereby accepts such appointmentappointment and agrees to perform the same in accordance with the express terms and conditions set forth in this Agreement (and no duties or obligations shall be inferred or implied). The Warrant Agent shall not be liable for anything that it may do assume any obligations or refrain from doing in connection relationship of agency or trust with this Agreement, except for its own gross negligence, willful misconduct or bad faithany of the Holders.
Appears in 8 contracts
Samples: Warrant Agreement (Seanergy Maritime Holdings Corp.), Warrant Agreement (Seanergy Maritime Holdings Corp.), Warrant Agreement (Seanergy Maritime Holdings Corp.)
Appointment of Warrant Agent. The Company hereby appoints the Warrant Agent to act as agent for the Company in accordance with the provisions of this Agreement and the Warrant Agent hereby accepts such appointment. The Warrant Agent shall not be liable for anything that it may do or refrain from doing in connection with this Agreement, except for its own fraud, gross negligence, willful misconduct or bad faith.
Appears in 7 contracts
Samples: Warrant Agreement (Central European Media Enterprises LTD), Warrant Agreement (Central European Media Enterprises LTD), Warrant Agreement (Central European Media Enterprises LTD)
Appointment of Warrant Agent. The Company hereby appoints the Warrant Agent to act as agent for the Company in accordance with the provisions of this Agreement and the Warrant Agent hereby accepts such appointment. The Warrant Agent shall not be liable for anything that it may do or refrain from doing in connection with this Agreement, except for in the case of a final judicial determination of its own gross negligence, negligence or willful misconduct or bad faithmisconduct.
Appears in 7 contracts
Samples: Warrant Agreement (Horizon Lines, Inc.), Warrant Agreement (H-L Distribution Service, LLC), Warrant Agreement (Horizon Lines, Inc.)
Appointment of Warrant Agent. The Company hereby appoints the Warrant Agent to act as agent for the Company in accordance with the provisions of this Agreement Agreement, and the Warrant Agent hereby accepts such appointment. The Warrant Agent shall not be liable for and, to the extent described in Section 5.05, shall be indemnified and held harmless by the Company against anything that it may do or refrain from doing in connection with this Agreement, except for its own gross negligence, willful misconduct or bad faith.
Appears in 6 contracts
Samples: Warrant Agreement, Warrant Agreement (Bank of America Corp /De/), Warrant Agreement
Appointment of Warrant Agent. The Company hereby appoints the Warrant Agent to act as agent for the Company in accordance with the express provisions of this Agreement (and no implied terms or conditions) and the Warrant Agent hereby accepts such appointment. The Warrant Agent shall not be liable for anything that it may do or refrain from doing in connection with this Agreement, except for in the case of a judicial determination of its own gross negligence, negligence or willful misconduct or bad faithby a court of competent jurisdiction.
Appears in 4 contracts
Samples: Redemption Warrant Agreement (Gulfmark Offshore Inc), Warrant Agreement (Gulfmark Offshore Inc), Warrant Agreement (Tidewater Inc)
Appointment of Warrant Agent. The Company hereby appoints the Warrant Agent to act as agent for the Company in accordance with the provisions of this Agreement and the Warrant Agent hereby accepts such appointment. The Warrant Agent shall not be liable and shall be indemnified pursuant to Section 5.05 below, and held harmless for anything that it may do or refrain from doing in connection with this Agreement, except for its own gross negligence, willful misconduct or bad faith.
Appears in 3 contracts
Samples: Warrant Agreement (Citigroup Inc), Warrant Agreement, Warrant Agreement (Citigroup Inc)
Appointment of Warrant Agent. The Company hereby appoints the Warrant Agent to act as agent for the Company in accordance with the provisions of this Agreement and the Warrant Agent hereby accepts such appointment. The Warrant Agent shall not be liable for anything that it may do or refrain from doing in connection with this Agreement, except for its own gross negligence, willful misconduct or bad faith.
Appears in 2 contracts
Samples: Warrant Agreement (PNC Financial Services Group Inc), Warrant Agreement (Comerica Inc /New/)
Appointment of Warrant Agent. The Company hereby appoints the Warrant Agent to act as agent for the Company in accordance with the provisions of this Agreement Agreement, and the Warrant Agent hereby accepts such appointment. The Warrant Agent shall not be liable for anything that it may do or refrain from doing in connection with this Agreement, except for its own gross negligence, willful misconduct or bad faith.
Appears in 2 contracts
Samples: Warrant Agreement (Orchid Island Capital, Inc.), Warrant Agreement (Cypress Sharpridge Investments, Inc.)
Appointment of Warrant Agent. The Company hereby appoints the Warrant Agent to act as agent for the Company in accordance with the provisions of this Agreement and the Warrant Agent hereby accepts such appointment. The Warrant Agent shall not be liable for for, and shall be indemnified and held harmless by the Company against, anything that it may do or refrain from doing in connection with this Agreement, except for its own gross negligence, willful misconduct or bad faith.
Appears in 2 contracts
Samples: Warrant Agreement (Capital One Financial Corp), Warrant Agreement (TCF Financial Corp)
Appointment of Warrant Agent. The Company hereby appoints the Warrant Agent to act as agent for the Company in accordance with the provisions of this Agreement and the Warrant Agent hereby accepts such appointment. The Warrant Agent shall not be liable for anything that it may do or refrain from doing in connection with this Agreement, except for its own gross negligence, bad faith or willful misconduct or bad faith(each as determined by a final judgment of a court of competent jurisdiction).
Appears in 2 contracts
Samples: Warrant Agreement (Sears Holdings Corp), Warrant Agreement (Sears Holdings Corp)
Appointment of Warrant Agent. The Company hereby appoints the Warrant Agent to act as agent for the Company in accordance with the express provisions of this Agreement (and no implied terms or conditions) and the Warrant Agent hereby accepts such appointment. The Warrant Agent shall not be liable for anything that it may do or refrain from doing in connection with this Agreement, except for in the case of a final judicial determination of its own gross negligence, negligence or willful misconduct or bad faithby a court of competent jurisdiction.
Appears in 2 contracts
Samples: Warrant Agreement (Overseas Shipholding Group Inc), Warrant Agreement (Overseas Shipholding Group Inc)
Appointment of Warrant Agent. The Company hereby appoints the Warrant Agent to act as agent for the Company in accordance with the provisions of this Agreement and the Warrant Agent hereby accepts such appointment. The Warrant Agent shall not be liable for anything that it may do or refrain from doing in connection with this Agreement, except for its own gross negligence, willful misconduct or bad faith.. 8
Appears in 1 contract
Appointment of Warrant Agent. The Company hereby appoints the Warrant Agent to act as agent for the Company in accordance with the provisions of this Agreement and the Warrant Agent hereby accepts such appointment. The Warrant Agent shall not be liable for and shall be indemnified and held harmless by the Company against, anything that it may do or refrain from doing in connection with this Agreement, except for its own gross negligence, willful misconduct or bad faith.
Appears in 1 contract
Samples: Warrant Agreement (Texas Capital Bancshares Inc/Tx)
Appointment of Warrant Agent. The Company hereby appoints the Warrant Agent to act as agent for the Company in accordance with the provisions of this Agreement and the Warrant Agent hereby accepts such appointment. The Warrant Agent shall not be liable for anything that it may do or refrain from doing in connection with this Agreement, except for its own gross negligence, willful misconduct negligence or bad faith.
Appears in 1 contract
Appointment of Warrant Agent. The Company hereby appoints the Warrant Agent to act as agent for the Company in accordance with the express provisions of this Agreement (and no implied terms or conditions) and the Warrant Agent hereby accepts such appointment. The Warrant Agent shall not be liable for anything that it may do or refrain from doing in connection with this Agreement, except for its own gross negligence, willful misconduct or bad faithfaith (each as determined by a final, non-appealable judgment of a court of competent jurisdiction).
Appears in 1 contract
Appointment of Warrant Agent. The Company hereby appoints the Warrant Agent to act as agent for the Company in accordance with the provisions of this Agreement and the Warrant Agent hereby accepts such appointment. The Warrant Agent shall not be liable for and, to the extent described in Section 5.05, shall be indemnified and held harmless by the Company against anything that it may do or refrain from doing in connection with this Agreement, except for its own gross negligence, willful misconduct or bad faith.
Appears in 1 contract
Samples: Warrant Agreement (Boston Private Financial Holdings Inc)
Appointment of Warrant Agent. The Company hereby appoints the Warrant Agent to act as agent for the Company in accordance with the provisions of this Agreement and the Warrant Agent hereby accepts such appointment. The Warrant Agent shall not be liable for anything that it may do or refrain from doing in connection with this Agreement, except for its own willful misconduct, gross negligence, willful misconduct negligence or bad faith.
Appears in 1 contract
Appointment of Warrant Agent. The Company hereby appoints the Warrant Agent to act as agent for the Company in accordance with the provisions of this Agreement and the Warrant Agent hereby accepts such appointment. The Warrant Agent shall not be liable for anything that it may do or refrain from doing in connection with this Agreement, except for its own gross negligence, willful misconduct or bad faith.and shall be indemnified pursuant to Section
Appears in 1 contract
Samples: Warrant Agreement
