HSBC. HSBC shall furnish at its own expense the executive, supervisory and clerical personnel necessary to perform its obligations under this Agreement. HSBC shall also provide the items which it is obligated to provide under this Agreement, and shall pay all compensation, if any, of officers of the Company and Trustees of the Company who are affiliated persons of HSBC or any affiliated corporation of HSBC; provided, however, that unless otherwise specifically provided, HSBC shall not be obligated to pay the compensation of any employee of the Company retained by the Board to perform services on behalf of the Company.
HSBC. HSBC assumes and shall pay or cause to be paid all other expenses of the Funds not otherwise allocated herein, including, without limitation, organization costs, taxes, expenses for legal and auditing services, the expenses of preparing (including typesetting), printing and mailing reports, prospectuses, statements of additional information, proxy solicitation material and notices to existing Shareholders, all expenses incurred in connection with issuing and redeeming Shares, the costs of transfer agency, fund accounting and custodial services, the cost of initial and ongoing registration of the Shares under Federal and state securities laws, fees and out-of-pocket expenses of Trustees who are not affiliated persons of BISYS or any affiliated corporation of BISYS (fees for other "interested Trustees" may be paid by parties other than HSBC), insurance, interest, brokerage costs, litigation and other extraordinary or nonrecurring expenses, and all fees and charges of investment advisers.
HSBC. Notwithstanding the definition of the name “HSBC” and notwithstanding anything to the contrary contained in this Agreement or any other Loan Document, no obligations of HSBC Bank USA, National Association as Agent or HSBC Bank USA, National Association as Letter of Credit Issuing Bank may be delegated to any Affiliate of HSBC Bank USA, National Association (other than in compliance with Section 3.12) unless such Affiliate has the same or better credit rating as HSBC Bank USA, National Association based on the credit rating assigned by Xxxxx’x Investors Service, Inc. or Standard & Poor’s Ratings Group (a division of The McGraw Hill Companies, Inc.) (or any successor or assignee of the business of each such company in the business of rating securities credit rating).
HSBC. Notwithstanding the definition of the name "HSBC" and notwithstanding anything to the contrary contained in this Agreement or any other Loan Document, no obligations of HSBC Bank USA as Agent or HSBC Bank USA as Letter of Credit Issuing Bank may be delegated to any Affiliate of HSBC Bank USA (other than in compliance with Section 3.12) unless such Affiliate has the same or better credit rating as HSBC Bank USA based on the credit rating assigned by Xxxxx'x Investors Service, Inc. or Standard & Poor's Ratings Group (a division of The McGraw Hill Companies, Inc.) (or any successor or assignee of the business of each such company in the business of rating securities credit rating).
HSBC. Notwithstanding the definition of the name “HSBC” and notwithstanding anything to the contrary contained in this Agreement or any other Loan Document, no obligations of HSBC Bank USA, National Association as Agent or HSBC Bank USA, National Association as Letter of Credit Issuing Bank may be delegated to any Affiliate of HSBC Bank USA, National Association (other than in compliance with Section 3.12) unless such Affiliate is either HSBC Business Credit (USA) Inc. or has the same or better credit rating as HSBC Bank USA, National Association based on the credit rating assigned by Xxxxx’x Investors Service, Inc. or Standard & Poor’s Ratings Group (a division of The McGraw Hill Companies, Inc.) (or any successor or assignee of the business of each such company in the business of rating securities credit rating).
HSBC. As promptly as practicable after the date hereof (but effective at the Effective Time), Buyer or its designee shall, with respect to stores operated by the Companies, either (a) enter into a program agreement with HSBC Bank Nevada, National Association (successor in interest to Household Bank (SB), N.A.) (“HSBC”) that is acknowledged by HSBC to satisfy the requirements set forth in Section 9.05(f) of the Program Agreement dated as of April 15, 2003 and as amended as of April 15, 2003 and June 15, 2004 by and among Seller, Xxxxxxx Office Properties, Inc. (successor in interest to XxXxx’x, Inc.) and HSBC (the “Program Agreement”) (which acknowledgment is in a form reasonably satisfactory to Seller) or (b) (i) purchase the “Accounts” and “Account Receivables” (as each such term is defined in the Program Agreement) associated with such stores from HSBC for the price set forth in Section 9.05(b) of the Program Agreement and (ii) pay over to Seller on the effective date of such purchase cash in the amount equal to the difference between (x) the amount paid to HSBC in connection with such purchase and (y) the amount equal to the price set forth in clauses (i) and (ii) of the second sentence of Section 9.06 of the Program Agreement multiplied by a fraction, the numerator of which shall be the sum of the Account Receivables associated with the stores of the Business (as of the date of purchase) and the denominator of which shall be the sum of the Account Receivables associated with all stores (including the stores of the Business) covered by the Program Agreement (as of the date of purchase). Buyer agrees to obtain all necessary consents and approvals from all Governmental Bodies and to make all necessary registrations and filings in order to effect this Section 6.9. At Buyer’s request, Seller agrees to use commercially reasonable efforts to cooperate with Buyer in complying with this Section 6.9; provided, however, that Seller and its Affiliates shall not be required to make any payments or offer or grant any accommodation (financial or otherwise) to any third party with respect to this Section 6.9.
HSBC. HSBC, BBH (as Agent and as Lender) and each other Lender hereby acknowledge and agree that HSBC does not have its own, or share in the Agent’s, General Security Interest in the Collateral and is not a party to the Security Agreement. Notwithstanding the foregoing, HSBC has a Specific Security Interest in (i) its Specific Collateral and (ii) amounts on deposit in an account of the Company at HSBC and proceeds thereof to secure the Company’s obligations to HSBC in connection with the leasing by HSBC of Precious Metals to the Company. HSBC shall be a “Lender” hereunder only to the extent of the provisions detailing the rights and obligations of a Lender with respect to Ownership Based Financings, Specific Collateral, Specific Debt and Specific Security Interests, as well as each of Section IX, Section X(A), Section XIII(B) through (D), Section XIV, Section XVI, Section XVII, Section XVIII and this Section XIX (including, without limitation, the definitions in Section I hereof, to the extent applicable to such provisions and/or Sections hereof). Notwithstanding the foregoing, HSBC hereby agrees that it will notify the Agent prior to initiating any Enforcement with respect to its Specific Security Interest, any of its Specific Collateral and any Ownership Based Financing to which it is a party. In addition, notwithstanding anything to the contrary herein, HSBC’s consent to any modification, amendment or waiver of this Agreement, or to any action taken or to be taken by the Agent or any other Lender hereunder, shall not be required unless such modification, amendment, waiver or action adversely impacts HSBC’s rights, duties and responsibilities as a Lender with respect to its Ownership Based Financing, Specific Security Interest or Specific Collateral hereunder.
HSBC. HSBC assumes and shall pay or cause to be paid all other expenses of the Funds not otherwise allocated herein, including, without limitation, organization costs, taxes, expenses for legal and auditing services, the expenses of preparing (including typesetting), printing and mailing reports, prospectuses, statements of additional information, proxy solicitation material and notices to existing Shareholders, all expenses incurred in connection with issuing and redeeming Shares, the costs of transfer agency, fund accounting and custodial services, the cost of initial and ongoing registration of the Shares under Federal and state securities laws, fees and out-of-pocket
HSBC. 5.2.1 HSBC shall provide a team of HSBC employees to assist the Supplier in relation to Transition and interface with the Supplier's Transition Management Team (the HSBC Transition Team).
HSBC. HSBC will have executed and delivered to Borrowers and Lender its consent to the BMO Facility satisfactory in form and substance to Lender and its counsel.
