Dealings with the Company. The Company, the Trustee and the Holders, or any of them, may, from time to time, without exonerating or releasing any Guarantor in any way under the Guaranty, (i) take such further or other security or securities for the Obligations or any part thereof as the Trustee and the Holders, or any of them, may deem proper, consistent with the Indenture, or (ii) release, discharge, abandon or otherwise deal with or fail to deal with any Guarantor of the Obligations or any security or securities therefor or any part thereof now or hereafter held by the Trustee and the Holders, or any of them, as the Trustee and the Holders, or any of them, may deem proper, consistent with the Indenture, or (iii) consistent with the Indenture, amend, modify, extend, accelerate or waive in any manner any of the provisions, terms, or conditions of the Indenture and the Guaranteed Securities, all as the Company, the Trustee and the Holders, or any of them, may consider expedient or appropriate in their sole discretion. Without limiting the generality of the foregoing, or of Section 2.5 hereof, it is understood that the Company, the Trustee and the Holders, or any of them, may, without exonerating or releasing any Guarantor, give up, or modify or abstain from perfecting or taking advantage of any security for the Obligations and accept or make any compositions or arrangements, and realize upon any security for the Obligations when, and in such manner, as the Trustee and the Holders, or any of them, may deem expedient, consistent with the Indenture, all without notice to any Guarantor.
Dealings with the Company. Each of the Shareholders and Key Persons undertakes that it will not without a Special Resolution of the Shareholders:
Dealings with the Company. Subject to Section 8.5(a), the Company may, in the discretion of the Management Committee, contract with any Person (including either Member or any Person that is an Affiliate of either Member or in which either Member may be interested) for the performance of any services that may reasonably be required to carry on the business of the Company, and any such Person dealing with the Company, whether as an independent contractor, agent, employee, or otherwise, may receive from others or from the Company profits, compensation, commissions, or other income incident to such dealings.
Dealings with the Company. Upon any application or demand by the Company to the Collateral Trustee to take or permit any action under any of the provisions of this Agreement or under any Shared Security Document, the Company shall furnish to the Collateral Trustee a certificate of an appropriate officer and an opinion of counsel stating that all conditions precedent, if any, provided for in this Agreement or such Shared Security Document relating to the proposed action have been complied with.
Dealings with the Company. The Company and each of the other Stockholders acknowledge that the Investors and their Affiliates (other than the Company and its Subsidiaries) and each of their respective direct and indirect stockholders, directors, officers, controlling persons, partners, members, managers and employees (collectively, the “Investor Group”) have business interests and engage in business activities or commercial transactions in addition to those relating to the Company (including those which may compete with the Company). The Company and each of the other Stockholders agree (and to the fullest extent permitted by applicable law, hereby waive and agree not to assert any claim to the contrary) that no member of the Investor Group shall be obligated to present any particular investment or business opportunity to the Company even if such opportunity is of a character which, if presented to the Company could be undertaken by the Company, and, in fact, each member of the Investor Group shall have the right to undertake any such opportunity for itself, for its own account or on behalf of another or to recommend any such opportunity to other Persons.
Dealings with the Company. 2.1 The Company will issue a PIN to the Agent in respect of the Water Allocation Accounts nominated in this Account Authority.
Dealings with the Company. The Trustee under the Indenture, in its individual or any other capacity, may become the owner or pledgee of Securities and may otherwise deal with and collect obligations owed to it by the Company or its Affiliates and may otherwise deal with the Company or its Affiliates with the same rights it would have if it were not Trustee.
Dealings with the Company. The Sole Member or any Affiliate of the Sole Member may make loans to, borrow from, and transact other business with, the Company, as the Sole Member may determine from time to time.
Dealings with the Company. No Manager, nor any entity in which any Manager, or any partner, officer or employee of any Manager, holds a material interest, or any Affiliate thereof, shall deal with the Company as an independent contractor or as agent for others unless the material facts as to such Manager’s relationship or interest and as to the contract or transaction are first disclosed to the other Managers, and the contract or transaction is nonetheless duly authorized and approved by the Person or Persons so authorized to make such decision on behalf of the Company. In the event that a contract or transaction is entered into by the Company in violation of this Section 3.3, the Company shall be entitled to pursue any remedies available to it, whether in law or equity, including, without limitation, disgorgement of any profits received by the interested Manager or such other entity in which the Manager, or any partner, officer or employee of any Manager, holds a material interest, or any Affiliate thereof, and reasonable fees and costs incurred by the Company in connection with such contract or transaction and in enforcing its rights hereunder.
Dealings with the Company. The officers of the Company may perform any services for the Company and to earn and be paid a fee by the Company for such performance and to procure and deliver, goods or materials to the Company, and be paid therefor by the Company, provided in all instances that such dealings are approved by the Manager and benefit the Company and are on good-faith, arms-length terms that are no more favorable than would be if an independent third party were providing such services, goods or materials.
