Fiduciary Capacity. If Investor is purchasing the Shares in a fiduciary capacity for another person or entity, including without limitation a corporation, partnership, trust or any other entity, the Investor has been duly authorized and empowered to execute this Agreement and all other subscription documents. Upon request of the Company, Investor will provide true, complete and current copies of all relevant documents creating the Investor, authorizing its investment in the Company and/or evidencing the satisfaction of the foregoing.
Fiduciary Capacity. A Partner may own one or more interests in a fiduciary capacity, such as a trustee under a trust agreement, as executor or a personal representative of an estate, or as custodian. Except as hereinafter provided, such fiduciary will have no interest or obligation individually with respect to any such interests, but will be considered as acting solely in such fiduciary capacity. If a Partner acting in a fiduciary capacity ceases to act as such, the successor fiduciary shall be a Partner in the same fiduciary capacity with the same rights and obligations as the predecessor fiduciary. A person may be a Partner in an individual capacity and a Partner in one or more fiduciary capacities.
Fiduciary Capacity. The Executive will be and act toward the Company and its Affiliates as a fiduciary in respect of the Confidential Information.
Fiduciary Capacity. It is expressly understood and agreed by the parties hereto that (i) this Confirmation is executed and delivered by Wells Fargo Bank, National Association, not in its indxxxxxal capacity but solely as Securities Administrator on behalf of the Trustee under the PSA in the exercise of the powers and authority conferred to and vested in it thereunder, (ii) each of the representations, undertakings and agreements herein made on behalf of the trust created under the PSA is made and intended not as personal representation, undertaking or agreement of the Securities Administrator, but is made and intended for the purpose of binding only such trust and (iii) under no circumstances shall Wells Fargo Bank, National Association in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation. MORGAN STANLEY
Fiduciary Capacity. You will be and act toward Aspreva as a fiduciary in respect of the Confidential Information.
Fiduciary Capacity. If Investor is subscribing for the Shares from the Company in a fiduciary capacity, Investor makes these representations and warranties on behalf of the person(s) or entity(ies) for whom Investor will contribute and exchange the Rollover Shares for the Company's Shares.
Fiduciary Capacity. Underwriter agrees that any purchase payments it receives for the Contracts will be held in a fiduciary capacity and agrees to transfer any such amount to ILIAC within three business days.
Fiduciary Capacity. It is expressly understood and agreed by the parties hereto that (i) this Confirmation is executed and delivered by Wells Fargo Bank, National Association, not in its individuax xxxacity but solely as Securities Administrator on behalf of the Trustee under the PSA in the exercise of the powers and authority conferred to and vested in it thereunder, (ii) each of the representations, undertakings and agreements herein made on behalf of the trust created under the PSA is made and intended not as personal representation, undertaking or agreement of the Securities Administrator, but is made and intended for the purpose of binding only such trust and (iii) under no circumstances shall Wells Fargo Bank, National Association in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation. We are very pleased to have entered into this Transaction with you and we look forward to completing other transactions with you in the near future. Very truly yours, MORGAN STANLEY CAPITAL SERVICES INC. Xx:/s/ Charmaine Fearon ----------------------------------- Name: Charmaine Fearon Title: Xxxxxxxxxx Xxxxxtory Party B, acting through its duly authorized signatory, hereby agrees to, accepts and confirms the terms of the foregoing as of the Trade Date. WELLS FARGO BANK, NATIONAL ASSOCIATION, acting not in its individual capacity but solely as Securities Administrator on behalf of MORGAN STANLEY MORTGAGE LOAN XXXXX 0000-00ARX By:/s/ Patricia Russo ----------------------------------- Name: Patricia Russo Title: Vixx Xxxxxxxxx SCHEDULE I ------------------------------------------------------------------------------------------------ Line Calculation Period NotionalAmount ($) Multiplier ---- ------------------------------- ------------------ ---------- 1 10/25/2006 11/25/2006 59,946,856.60 10 2 11/25/2006 12/25/2006 56,999,406.63 10 3 12/25/2006 1/25/2007 54,195,419.78 10 4 1/25/2007 2/25/2007 51,527,922.26 10 5 2/25/2007 3/25/2007 48,990,298.81 10 6 3/25/2007 4/25/2007 46,576,227.61 10 7 4/25/2007 5/25/2007 44,279,694.49 10 8 5/25/2007 6/25/2007 42,094,977.96 10 9 6/25/2007 7/25/2007 40,016,635.01 10 10 7/25/2007 8/25/2007 38,039,487.53 10 11 8/25/2007 9/25/2007 36,158,609.40 10 12 9/25/2007 10/25/2007 34,369,314.26 10 13 10/25/2007 11/25/2007 32,667,143.85 10 14 11/25/2007 12/25/2007 31,047,856.88 10 15...
Fiduciary Capacity. You will be and act toward the Company as a fiduciary in respect of the Confidential Information.
Fiduciary Capacity. Any person or group of persons may serve in more than one Fiduciary capacity with respect to the Plan.
