Satisfaction of Commitment. The Purchaser may, in its sole discretion, satisfy the Commitment directly and/or indirectly through one or more of its direct or indirect subsidiaries (each, a “Purchaser Designee”); provided, however, any such Purchaser Designee shall be required to make the representations and warranties set forth in Section 5 to the Company and assume the obligations of the Purchaser hereunder, and the Purchaser shall remain liable under this Agreement as set forth herein.
Appears in 3 contracts
Sources: Subscription and Standby Commitment Agreement (Westpoint International Inc), Subscription and Standby Commitment Agreement (Westpoint International Inc), Subscription and Standby Commitment Agreement (American Real Estate Partners L P)