Reasonableness of Fees. The parties acknowledge that a substantial professional commitment of time and effort will be required of Xxxxxxxx Xxxxx and its professionals hereunder, and that such commitment may foreclose other opportunities for the firm. Moreover, the actual time and commitment required for the engagement may vary substantially, creating “peak load” issues for the firm. Given the numerous issues which may arise in engagements such as this, Xxxxxxxx Lokey’s commitment to the variable level of time and effort necessary to address such issues, the expertise and capabilities of Xxxxxxxx Xxxxx that will be required in this engagement, and the market rate for Xxxxxxxx Lokey’s services of this nature, whether in-court or out-of-court, the parties agree that the fee arrangement provided for herein is reasonable, fairly compensates Xxxxxxxx Xxxxx, and provides the requisite certainty to the Company.
Reasonableness of Fees. The Company acknowledges that it believes that Xxxxxx’s general restructuring experience and expertise will inure to the benefit of the parties hereto, that the value to the parties hereto of Ankura’s Services derives in substantial part from that experience and expertise and that, accordingly, the structure and amount of the Fees to be paid to Ankura hereunder are reasonable. The Company acknowledges that a substantial professional commitment of time and effort will be required of Ankura and its professionals hereunder, and that such commitment may foreclose other opportunities for Ankura. Given the numerous issues that may arise in engagements such as this, Xxxxxx’s commitment to the variable level of time and effort necessary to address such issues, the expertise and capabilities of Ankura that will be required in this engagement, and the market rate for Ankura’s services of this nature, whether in-court or out-of- court, the parties agree that the fee arrangement provided for herein is reasonable, fairly compensates Ankura, and provides the requisite certainty to the parties hereto.
Reasonableness of Fees. The parties acknowledge that this engagement will require a substantial professional commitment of time and effort by Xxxxx. Moreover, the amount of time and effort may vary substantially during different periods of the engagement. As a result, in order to ensure the availability of all necessary professional resources, whenever required, Xxxxx may be foreclosed from pursuing other alternative engagement opportunities. In light of the foregoing, and given: (i) the numerous issues which can currently be anticipated in engagements such as this, (ii) Xxxxx’x commitment to the variable level of time and effort necessary to address such issues, (iii) the expertise and capabilities of Xxxxx that will be required in this engagement, and (iv) the market rate for Xxxxx'x services of this nature, whether in-court or out-of-court, the parties agree that the fee arrangement provided for herein is reasonable, fairly compensates Xxxxx, and provides the requisite certainty to the Company.
Reasonableness of Fees. The parties acknowledge that this engagement will require a substantial professional commitment of time and effort by Xxxxxxxx Xxxxx. Moreover, the amount of time and effort may vary substantially during different periods of the engagement. As a result, in order to ensure the availability of all necessary professional resources, whenever required, Xxxxxxxx Xxxxx may be foreclosed from pursuing other alternative engagement opportunities. In light of the foregoing, and given: (i) the numerous issues which can currently be anticipated in engagements such as this, (ii) Xxxxxxxx Lokey’s commitment to the variable level of time and effort necessary to address such issues, (iii) the expertise and capabilities of Xxxxxxxx Xxxxx that will be required in this engagement, and (iv) the market rate for Xxxxxxxx Lokey's services of this nature, whether in-court or out-of-court, the parties agree that the fee arrangement provided for herein is reasonable, fairly compensates Xxxxxxxx Xxxxx, and provides the requisite certainty to the Company. The parties further agree and acknowledge that: (a) additional issues and developments, not currently anticipated, may arise and have an impact upon the services to be rendered by Xxxxxxxx Xxxxx hereunder, and may result in substantially more work and/or services being performed by Xxxxxxxx Xxxxx than is anticipated at this time; and (b) as a result of such unanticipated issues and/or developments, the results of Xxxxxxxx Lokey’s services under this Agreement may also be substantially more beneficial than anticipated at this time. Accordingly, in the event of the occurrence of (a) and/or (b), in the prior sentence, each of the parties to this Agreement, at the conclusion of the services rendered by Xxxxxxxx Xxxxx pursuant hereto, may, but are not required to, agree to a modification of the Transaction Fees described herein to more appropriately reflect the actual work performed, services rendered and/or any extraordinary results achieved by Xxxxxxxx Xxxxx pursuant to its engagement hereunder.
Reasonableness of Fees. All fees paid to the Partners or any Affiliate of the Partners hereunder or otherwise in connection with the Xxxxxxxxx Garden 1 Development are reasonable in amount and consistent with standard practice in the industry.
Reasonableness of Fees. All fees paid to the Partners or any Affiliate of the General Partner or Limited Partners hereunder or otherwise in connection with the Xxxxxx Development Project are reasonable in amount and consistent with standard practice in the industry.
Reasonableness of Fees. The parties acknowledge that this engagement will require a substantial professional commitment of time and effort by Xxxxxxxx Xxxxx. Moreover, the amount of time and effort may vary substantially during different periods of the engagement. As a result, in order to ensure the availability of all necessary professional resources, whenever required, Xxxxxxxx Xxxxx may be foreclosed from pursuing other alternative engagement opportunities. In light of the foregoing, and given:
