Retention of Professionals. The Environmental Response Trust Administrative Trustee is authorized to retain on behalf of the Environmental Response Trust and pay such third parties as the Environmental Response Trust Administrative Trustee (in accordance with a budget approved pursuant to Section 3.1 above) may deem necessary or appropriate to assist the Environmental Response Trust Administrative Trustee in carrying out its powers and duties under this Agreement, the Settlement Agreement and the Plan of Liquidation, including, without limitation, (i) counsel to the Environmental Response Trust and/or Environmental Response Trust Administrative Trustee, (ii) a public accounting firm to perform such accounting functions as may be required to
Retention of Professionals. (a) The Liquidating Trust shall have the right to retain such professionals as are necessary and proper to discharge its functions in the ordinary course of business and without any further notice to or action, order, or approval of the Bankruptcy Court.
Retention of Professionals. Subject to obtaining the prior written approval of the Trust Governing Board, the Litigation Trustee may (a) retain such independent experts and advisors (including, but not limited to, counsel, tax advisors, consultants, or other professionals) as the Litigation Trustee deems necessary to aid it in the performance of its duties and responsibilities hereunder and under the Plan and to perform such other functions as may be appropriate in furtherance of the intent and purpose of this Litigation Trust Agreement, and (b) commit the Litigation Trust to provide such professional persons or entities reasonable compensation and reimbursement from the Litigation Trust Assets for services rendered and expenses incurred. The Litigation Trustee will make all reasonable and customary arrangements for payment or reimbursement of such compensation and expenses and will pay the same as Litigation Claims Costs in accordance with the provisions of Sections 4.3 and 4.4 of this Litigation Trust Agreement.
Retention of Professionals. As part of the documentation review, the Underwriting Staff must insure the transaction is compliant with the indenture or credit agreement that is applicable for the financing that is being used to fund the transaction.
Retention of Professionals. After the Effective Date After the Effective Date, no Professional employed pursuant to sections 327, 331, 363 and 1103 of the Bankruptcy Code shall be entitled to any compensation for services rendered after the Effective Date without the express authority of the Reorganized Debtors. Upon the Effective Date, and unless otherwise agreed to by the Reorganized Debtors, the retention of all such Professionals shall be terminated automatically without further order of the Bankruptcy Court, except for the limited purpose of filing any remaining applications for reimbursement of reasonable fees and expenses.
Retention of Professionals. Subject to the limitations of Section 2.1 and Section 2.2, from time to time either Service Recipient may request that during the term of this Agreement the Service Provider act as its agent in connection with such Service Recipient’s retention of certain third party professionals and other service providers which are needed to provide the services to be provided by the Service Provider hereunder. The Service Provider may furnish and receive correspondence, data, instructions and notices on behalf of such Service Recipient but shall not have any authority to execute on such Service Recipient’s behalf, without such Service Recipient’s consent, contracts or engagement agreements with any such professional or service provider which require such Service Recipient to secure the consent or approval of its Board in order to enter into the same, as contemplated by the organizational documents of such Service Recipient or any other agreement to which such Service Recipient is a party (so long as the Service Provider is provided a copy of each such other agreement). All costs or fees payable to such professionals and other service providers shall be borne by the Service Recipient for who such services are performed.
Retention of Professionals. GMS Finance may decide to engage outside professional expertise to assist in due diligence and legal aspects of the credit process. Such expertise is often critical and the choice of professional firm plays a significant role in both the quality of the work performed (and therefore the benefit to GMS Finance), as well as the cost to either GMS Finance or our client. All engagements and contracts must be approved in accordance with the relevant Carlyle or GMS Finance policies. Specifically, external vendors must be contracted in accordance with Carlyle’s Vendor Contracts Policy. With respect to engagement of legal counsel, approval of the General Counsel is also required. With respect to engagement of accounting firms, approval of the CFO is also required. This policy does not pertain to situations where the borrower, the sponsor, or an agent bank retains third party professionals upon which GMS Finance will place reliance. The adequacy of such third party input arranged by others is a matter of judgment to be considered in the due diligence process. Carlyle GMS Finance, Inc. 20 Risk Policy Manual – May 2013 Trade Secret and Strictly Confidential
Retention of Professionals. NFIC may decide to engage outside professional expertise to assist in due diligence and legal aspects of the credit process. Such expertise is often critical and the choice of professional firm plays a significant role in both the quality of the work performed (and therefore the benefit to NFIC), as well as the cost to either NFIC or our client. All engagements and contracts must be approved in accordance with the relevant Carlyle or NFIC policies. Specifically, external vendors must be contracted in accordance with Carlyle’s Vendor Contracts Policy. With respect to engagement of legal counsel, approval of the General Counsel, the NFIC President and the NFIC Head of Risk Management are also required. With respect to engagement of accounting firms, approval of the CFO is also required. This policy does not pertain to situations where the borrower, the sponsor, or an agent bank retains third party professionals upon which NFIC will place reliance. The adequacy of such third party input arranged by others is a matter of judgment to be considered in the due diligence process. NF Investment Corp. Risk Policy Manual – September 2013 Trade Secret and Strictly Confidential 25
Retention of Professionals. The Company shall retain Ernst & Young as the independent auditors for the Company (if such firm will accept the engagement) and the law firm of Holland & Knight as its outside legal counsel (provide such firm can advise the Company that it can accept the engagement without having conflicts of interest). In the event that either of such firms cannot act for the Company for any reason, or Farrxxx xxxermines not to engage either firm, Farrxxx xxxll have the right to designate the legal counsel and independent auditors for the Company.
Retention of Professionals. If an attorney, accountant, appraiser, insurance company, title company, contractor or other professional is to be retained in connection with any Loan, the Investment Documents relating thereto or any collateral thereunder, Emmes may employ any such professional to represent it and the Participating Investors. Emmes shall seek to cause the borrower under such Loan to pay the fees and expenses of such professionals, in accordance with the terms and conditions of the Investment Documents, but if such borrower fails to pay such fees and expenses or is not required to do so, each Participating Investor shall pay its pro rata share thereof. If Emmes later receives reimbursement therefor from such borrower, Emmes shall return to each Participating Investor which has paid its pro rata share, its pro rata share of the amount so repaid, without interest, unless such amount is received by Emmes with interest, in which case each Participating Investor would also receive its pro rata share of interest. No Participating Investor shall have the right, in connection with any litigation or proceeding to enforce the Investment Documents, to retain other counsel, except at the sole cost and expense of such Participating Investor.
