Xxxx Sample Clauses

Xxxx. (b) The New Breeze Foundation will indemnify and hold harmless each Underwriter against any losses, claims, damages or liabilities, joint or several, to which such Underwriter may become subject, under the Act or otherwise, insofar as such losses, claims, damages or liabilities (or actions in respect thereof) arise out of or are based upon an untrue statement or alleged untrue statement of a material fact contained in any Preliminary Prospectus, the Registration Statement or the Prospectus, or any amendment or supplement thereto, or arise out of or are based upon the omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein not misleading, in each case to the extent, but only to the extent, that such untrue statement or alleged untrue statement or omission or alleged omission was made in any Preliminary Prospectus, the Registration Statement or the Prospectus or any such amendment or supplement in reliance upon and in conformity with written information furnished to the Company by The New Breeze Foundation expressly for use therein; and will reimburse each Underwriter for any legal or other expenses reasonably incurred by such Underwriter in connection with investigating or defending any such action or claim as such expenses are incurred; provided, however, that The New Breeze Foundation shall not be liable in any such case to the extent that any such loss, claim, damage or liability arises out of or is based upon an untrue statement or alleged untrue statement or omission or alleged omission made in any Preliminary Prospectus, the Registration Statement or the Prospectus or any such amendment or supplement in reliance upon and in conformity with written information furnished to the Company by any Underwriter through Goldxxx, Xxchs & Co. expressly for use therein; and provided further, that the liability of The New Breeze Foundation pursuant to this subsection 8(a) shall not exceed the product of the number of Shares sold by The New Breeze Foundation and the initial public offering price of the Shares as set forth in the Prospectus.

Related to Xxxx

  • Xxxxxx will determine the method, details, and means of performing the above-described services, subject only to applicable laws and the rules and regulations of the DISTRICT. XXXXXX shall be free to utilize its own employees, consultants and associates as are necessary to accomplish the services to be performed herein.

  • Xxxxxx Nichols, Arsht & Xxxxxxx LLP, special Delaware counsel to the Bank, the Transferor and the Issuer, shall have furnished to the Underwriters a written opinion, addressed to the Underwriters and dated the Closing Date, in form and substance satisfactory to the Underwriters, substantially to the effect that:

  • Xxxxxxxx Xxxxxxxx obligation to pay compensation to PaineWebber as agreed upon pursuant to this paragraph 4 is not contingent upon receipt by Xxxxxxxx Xxxxxxxx of any compensation from the Fund or Series. Xxxxxxxx Xxxxxxxx shall advise the Board of any agreements or revised agreements as to compensation to be paid by Xxxxxxxx Xxxxxxxx to PaineWebber at their first regular meeting held after such agreement but shall not be required to obtain prior approval for such agreements from the Board.

  • Xxxxxx 9.3 Upon the occurrence and continuance of any Event of Default set forth in subsections 9.1(a) through 9.1(h) above, the Lender shall have the right (a) to declare all outstanding principal and accrued interest on the Loan, and on any other indebtedness of the Borrower to the Lender (whether or not arising under this Agreement) to be immediately due and payable, without presentment, demand, or notice of any kind, all of which are hereby expressly waived by the Borrower, and (b) to exercise any and all remedies that it may have for default under any Loan Document or at law or in equity, and such remedies may be exercised concurrently or separately until all of the Borrower's indebtedness to the Lender (whether or not arising under this Agreement) and each and every one of the Borrower's obligations to the Lender (whether or not arising under the Loan Documents) have been fully satisfied. In connection with the enforcement of any such remedies of the Lender, the Lender and its employees, attorneys, agents, and other persons and entities designated by the Lender, shall have the right, without notice, to enter the Borrower's places of business for such purposes as may be reasonably required to permit the Lender to preserve, protect, take possession of and/or sell or otherwise dispose of any Collateral, and to store the Collateral at the Borrower's places of business, without charge, for such periods as may be determined by the Lender.

  • Xxxxxxxx Dated: February 15, 2000 ------------------------------------------ W. Xxxxxxx Xxxxxx

  • Xxxxxxx 15.1 The Ship shall be competently and adequately manned so as to ensure its safe operation and the maintenance of a three-watch system whenever required and in no case manned at a lower level than in accordance with relevant and applicable international laws, rules and regulations.

  • Xxxxxxxx Telecopy: (000) 000-0000 if to Spinco: Abacus Innovations Corporation Telecopy: with a copy (which shall not constitute notice) to: Skadden, Arps, Slate, Xxxxxxx & Xxxx LLP One Xxxxxx Square 000 X. Xxxx Street Wilmington, DE 19801 Attention: Xxxxxx X. Xxxxxx, Esq. Telecopy: (000) 000-0000 or to such other address or telecopy number and with such other copies, as such Party may hereafter specify for that purpose by notice to the other Party. Each such notice, request or other communication shall be effective (a) on the day delivered (or if that day is not a Business Day, on the first following day that is a Business Day) when (i) delivered personally against receipt or (ii) sent by overnight courier, (b) on the day when transmittal confirmation is received if sent by telecopy (or if that day is not a Business Day, on the first following day that is a Business Day), and (c) if given by any other means, upon delivery or refusal of delivery at the address specified in this Section 7.

  • Millwright The rest period provided for under Paragraph c) of this Subsection is eliminated to allow an employee to finish work 15 minutes earlier, or it may be worked and paid at the applicable wage rate.

  • Xxxx NOTARY PUBLIC in and for the State of Washington, residing at Auburn ----------------------------------------------------- My commission expires 2/17/94 NOTARY STATE OF WASHINGTON ) )ss. COUNTY OF KING ) On this 25 day of August, 1993, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Xxxxxxx X. Xxxxxx, to me known to be a General Partner of REDMOND EAST ASSOCIATES, and on behalf of such general partnership, acknowledged to me that he signed and sealed the foregoing instrument as the free and voluntary act and deed of said general partnership, for the uses and purposes therein mentioned.

  • XXXXXXX By: /s/ Xxxxxxx X. Xxxxxxxxx Name: Xxxxxxx X. Xxxxxxxxx Title: Attorney-in-fact