Incorporated Sample Clauses

Incorporated. In such case involving the Holders and such Persons who control Holders, such firm shall be designated in writing by the Majority Holders. In all other cases, such firm shall be designated by the Company. The indemnifying party shall not be liable for any settlement of any proceeding effected without its written consent but, if settled with such consent or if there be a final judgment for the plaintiff, the indemnifying party agrees to indemnify the indemnified party from and against any loss or liability by reason of such settlement or judgment. Notwithstanding the foregoing sentence, if at any time an indemnified party shall have requested an indemnifying party to reimburse the indemnified party for fees and expenses of counsel as contemplated by the second and third sentences of this paragraph, the indemnifying party agrees that it shall be liable for any settlement of any proceeding effected without its written consent if (i) such settlement is entered into more than 30 days after receipt by such indemnifying party of the aforesaid request and (ii) such indemnifying party shall not have reimbursed the indemnified party for such fees and expenses of counsel in accordance with such request prior to the date of such settlement. No indemnifying party shall, without the prior written consent of the indemnified party, effect any settlement of any pending or threatened proceeding in respect of which such indemnified party is or could have been a party and indemnity could have been sought hereunder by such indemnified party, unless such settlement includes an unconditional release of such indemnified party from all liability on claims that are the subject matter of such proceeding.
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Incorporated. By: --------------------------------- Name: Title:
Incorporated. Notwithstanding any provision of the Standard Terms to the contrary, any sale of the Securities shall be conducted by and through the Selling Agent and not the Trustee.
Incorporated. In such case involving the Holders and such persons who control Holders, such firm shall be designated in writing by the Majority Holders. In all other cases, such firm shall be designated by the Company. The indemnifying party shall not be liable for any settlement of any proceeding effected without its written consent but, if settled with such consent or if there be a final judgment for the plaintiff, the indemnifying party agrees to indemnify the indemnified party from and against any loss or liability by reason of such settlement or judgment. No indemnifying party shall, without the prior written consent of the indemnified party, effect any settlement of any pending or threatened proceeding in respect of which such indemnified party is or could have been a party and indemnity could have been sought hereunder by such indemnified party, unless such settlement includes an unconditional release of such indemnified party from all liability on claims that are the subject matter of such proceeding.
Incorporated herein and made a part of this Agreement by reference as part of the IPPA is the Program of Requirements which defines the physical and environmental parameters for each Individual Project and establishes the design objectives and criteria. No deviations from the Program of Requirements shall be allowed without written approval for change, in the form of a Design Phase Change Order executed by the Owner and Engineer.
Incorporated. Xx: ------------------------------------- Title:
Incorporated. By: -------------------------------- Name: Xx X. Xxxxxx, Xx. Title: President and Chief Executive Officer Dated: May 19, 1999 EXERCISE FORM (To be executed upon exercise of this Warrant) The undersigned, the record holder of this Warrant, hereby irrevocably elects to exercise the right, represented by this Warrant, to purchase __________ of the Warrant Shares and herewith tenders payment for such Warrant Shares to the order of F.Y.I. INCORPORATED, in the amount of $_______ in accordance with the terms of this Warrant. The undersigned requests that a certificate for such Warrant Shares be registered in the name of _________________________________ and that such certificate be delivered to _________________________ whose address is ______________________________________________. Date _________________ Signature _________________________
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Incorporated. In its capacity as Sales Agent By: /s/ Xxxxxxxxxxx Xxxxxx Name: Xxxxxxxxxxx Xxxxxx Title: Managing Director ACCEPTED as of the date first above written BOFA SECURITIES, INC. In its capacity as Sales Agent and Forward Seller By: /s/ Xxxx X. Xxxxxxx III Name: Xxxx X. Xxxxxxx III Title: Vice Chairman, Healthcare Group ACCEPTED as of the date first above written BANK OF AMERICA, N.A. As Forward Purchaser, solely as the recipient and/or beneficiary of certain representations, warranties, covenants and indemnities set forth in this Agreement By: /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Managing Director ACCEPTED as of the date first above written BMO CAPITAL MARKETS CORP. In its capacity as Sales Agent and Forward Seller By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Manager, Derivatives Operations ACCEPTED as of the date first above written THE BANK OF MONTREAL As Forward Purchaser, solely as the recipient and/or beneficiary of certain representations, warranties, covenants and indemnities set forth in this Agreement By: /s/ Xxx Xxxxxxxxx Name: Xxx Xxxxxxxxx Title: Director, Derivatives Operations ACCEPTED as of the date first above written BNP PARIBAS SECURITIES CORP. In its capacity as Sales Agent and Forward Seller By: /s/ Xxxxx Xxx Name: Xxxxx Xxx Title: Managing Director ACCEPTED as of the date first above written BNP PARIBAS As Forward Purchaser, solely as the recipient and/or beneficiary of certain representations, warranties, covenants and indemnities set forth in this Agreement By: /s/ Xxxxx Xxx Name: Xxxxx Xxx Title: Managing Director By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Managing Director ACCEPTED as of the date first above written BNY MELLON CAPITAL MARKETS, LLC In its capacity as Sales Agent and Forward Seller By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Managing Director By: /s/ JC Mas Name: JC Mas Title: Director ACCEPTED as of the date first above written THE BANK OF NEW YORK MELLON As Forward Purchaser, solely as the recipient and/or beneficiary of certain representations, warranties, covenants and indemnities set forth in this Agreement By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Managing Director By: /s/ Xxx Xxxxx Name: Xxx Xxxxx Title: Director ACCEPTED as of the date first above written BOK FINANCIAL SECURITIES, INC. In its capacity as Sales Agent By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: AVP ACCEPTED as of the date first above written BARCLAYS CAPITAL INC. In its capacity as Sales Agent and Forward Seller By:...
Incorporated. We shall execute transactions for each of your customers only upon your authorization, it being understood in all cases that (a) you are acting as agent for the customer; (b) the transactions are without recourse against you by the customer; (c) as between you and the customer, the customer will have full beneficial ownership of the securities; (d) each transaction is initiated solely upon the order of the customer; and (e) each transaction is for the account of the customer and not for your account.
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