Authority of Representative. The Representative shall have the power, on behalf of each Holder, to pursue such remedies as may be available by law and pursuant to this Revenue Sharing Agreement, for the purpose of maximizing the return to the Holders as a group, and to settle the claims of each Holder on such terms as the Representative may determine in its sole and unlimited discretion, subject to the other provisions of this Revenue Sharing Agreement. The Representative may pursue such remedies notwithstanding that the Representative does not have physical possession of the Notes and without naming the Holders as parties.
Authority of Representative. The Parties’ representatives shall have full authority to act for their respective Party in all matters relating to the performance of this Agreement. Notwithstanding the foregoing, a Party's representative shall not have the authority to amend, modify, or waive any provision of this Agreement unless they are duly authorized officers of their respective entities and such amendment, modification or waiver is made in accordance with Article 15.
Authority of Representative. In connection with this Agreement, the Representative will act for and on behalf of the several Underwriters, and any action taken under this Agreement by the Representative, will be binding on all the Underwriters.
Authority of Representative. The parties' representatives designated in ARTICLE 8, SECTION 8.1 shall have full authority to act for their respective principals in all technical matters relating to the performance of this Agreement. They shall not, however, have the authority to amend, modify, or waive any provision of this Agreement unless they are authorized officers of their respective entities.
Authority of Representative. Without limiting the authority granted in Section 8.1, each Equityholder, on behalf of himself, herself or itself and such Equityholder’s successors and permitted assigns, hereby irrevocably grants Representative full power and authority: (a) to execute and deliver, on behalf of such Equityholder and such Equityholder’s successors and permitted assigns, and to accept delivery of, on behalf of such Equityholder and such Equityholder’s successors and permitted assigns, such documents as may be deemed by Representative, in its sole discretion, to be appropriate to consummate this Agreement; (b) to make decisions on behalf of Equityholders and their respective successors and permitted assigns with respect to the Transactions, the Other Transactions, and matters contemplated under this Agreement or any 72 other Transaction Document, including adjustments to the Merger Consideration pursuant to Section 2.7; (c) to (i) dispute or refrain from disputing, on behalf of such Equityholder and such Equityholder’s successors and permitted assigns, any claim made by Purchaser or any other Person under this Agreement; (ii) negotiate and compromise, on behalf of such Equityholder and such Equityholder’s successors and permitted assigns, any dispute that may arise under, and to exercise or refrain from exercising any remedies available under, this Agreement; and (iii) execute, on behalf of such Equityholder and such Equityholder’s successors and permitted assigns, any settlement agreement, release or other document with respect to such dispute or remedy; (d) to give or agree to, on behalf of such Equityholder and such Equityholder’s successors and permitted assigns, any and all consents, waivers, amendments or modifications, deemed by Representative, in its sole discretion, to be necessary or appropriate, under this Agreement, and, in each case, to execute and deliver any documents that may be necessary or appropriate in connection therewith; (e) to enforce, on behalf of such Equityholder and such Equityholder’s successors and permitted assigns, any claim against Purchaser arising under this Agreement; (f) to engage attorneys, accountants and other agents at the expense of Equityholders and their respective successors and permitted assigns in connection with in connection with any claim arising under this Agreement; (g) to receive the Representative Expense Amount as a fund (the “Representative Expense Fund”) for the payment of all costs and expenses incurred by or on behal...
Authority of Representative. You authorize us as your Representative to execute the Underwriting Agreement with the Company in the form attached with such insertions, deletions or other changes as we may approve (but not as to the number of, and price of, the Units to be purchased by you except as provided herein and therein) and to take such action as in our discretion we may deem advisable in respect of all matters pertaining to the Underwriting Agreement, this Agreement, the transactions for the accounts of the several Underwriters contemplated thereby and hereby, and the purchase, carrying, sale and distribution of the Units.
Authority of Representative. You authorize us as your Representative to execute the Underwriting Agreement with the Company in the form attached with such insertions, deletions or other changes as we may approve (but not as to the number of, and price of, the Securities to be purchased by you except as provided herein and therein) and to take such action as in our discretion we may deem advisable in respect of all matters pertaining to the Underwriting Agreement, this Agreement, the transactions for the accounts of the several Underwriters contemplated thereby and hereby, and the purchase, carrying, sale and distribution of the Securities.
Authority of Representative. Any action by the Initial Purchasers hereunder may be taken by Deutsche Bank AG, London Branch on behalf of the Initial Purchasers, and any such action taken by Deutsche Bank AG, London Branch shall be binding upon the Initial Purchasers.
Authority of Representative. Xxxxxx Xxxxxxx & Co. Incorporated hereby represents and warrants to the Company that it has the authority to act as agent on behalf of the Underwriters named in Schedule I and the Company shall be entitled to rely upon statements, notices, requests and agreements made by Xxxxxx Xxxxxxx & Co. on behalf of the Underwriters. Very truly yours, XXXXX-ILLINOIS, INC. By:/S/ XXXXX X. XXX XXXXXX -------------------------- Name: Xxxxx X. Xxx Xxxxxx Title: Senior Vice President Accepted as of the date hereof XXXXXX XXXXXXX & CO. INCORPORATED BT SECURITIES CORPORATION CREDIT SUISSE FIRST BOSTON CORPORATION NATIONSBANC CAPITAL MARKETS, INC. SALOMON BROTHERS INC Acting severally on behalf of themselves and the several Underwriters named herein By: XXXXXX XXXXXXX & CO. INCORPORATED By:/S/ XXXXXXX X. XXXXXX, XX ---------------------------- Name: Xxxxxxx X. Xxxxxx, XX Title: Principal SCHEDULE I Principal Amount Principal Amount of 7.85% Senior of 8.10% Senior Notes due 2004 Notes due 2007 Underwriter To Be Purchased To Be Purchased ----------- --------------- ---------------- Xxxxxx Xxxxxxx & Co. Incorporated ............................ $120,000,000 $120,000,000 BT Securities Corporation.................. 45,000,000 45,000,000 Credit Suisse First Boston Corporation.............................. 45,000,000 45,000,000 NationsBanc Capital Markets, Inc............................. 45,000,000 45,000,000 Salomon Brothers Inc ...................... 45,000,000 45,000,000 ------------ ---------- Total............................ $300,000,000 $300,000,000 ------------ ----------- ------------ -----------
Authority of Representative. (See Note 5 - what a Representative may and may not do) Pursuant to section 9 (1) (a) of the Representation Agreement Act, I authorize my Representative to do anything that the Representative considers necessary in relation to my personal care and health care.
