THE OTHER PARTIES Sample Clauses

THE OTHER PARTIES. NAMED HEREIN ------------------------------ DATED: FEBRUARY 28, 2003 ------------------------------ ================================================================================ TABLE OF CONTENTS -----------------
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THE OTHER PARTIES. NAMED HEREIN ------------------------------ DATED: FEBRUARY 28, 2003 ------------------------------ ================================================================================ TABLE OF CONTENTS PAGE 1. Definitions of Words and Phrases...................................1
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THE OTHER PARTIES. 10.10.2. Any Party may disclose information which would otherwise be confidential if and to the extent: 10.10.2.1. required by Law provided that any such information disclosed shall be disclosed upon prior written notice to the other Parties; 10.10.2.2. required by any securities exchange or regulatory or governmental body to which any Party is subject, wherever situated, whether or not the requirement for information has the force of Law, provided that any such information disclosed shall be disclosed upon prior written notice to the other Parties; 10.10.2.3. required to vest the full benefit of this Agreement in any Party; 10.10.2.4. required to be disclosed to the professional advisers, auditors and bankers of any Party; 10.10.2.5. the information has come into the public domain through no fault of that Party; and 10.10.2.6. the affected Party (or Parties) has given prior written approval to the disclosure, such approval not to be unreasonably withheld or delayed.
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THE OTHER PARTIES. NAMED HEREIN ----------------------------
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THE OTHER PARTIES. (a) may be accompanied at a conference by legal or other advisers; and (b) will be bound by any procedural directions as may be given by the Dispute Avoidance Board in relation to the conference both before and during the course of the conference.
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THE OTHER PARTIES. Actis China Investment Holdings No. 9 Limited Actis China Investment Holdings No. 9 Limited 712, China World Tower 2 0 Xxxxxxxxxxxxx Xxxxxx Xxxxxxxx Xxxxxxxx, Xxxxxxx, 000000 Fax: (8610) 0000-0000 Tel: (8610) 0000-0000 Attention: Xxxx Xxx With a copy to: O’Melveny& Xxxxx LLP 31st Floor, China World Tower 1 0 Xxxxxxxxxxxxx Xxxxxx Xxxxxxxx Xxxxxxxx, Xxxxxxx, 000000 Fax: (8610) 0000-0000 Tel: (8610) 0000 0000 Attention: Xxxxxx Xxxxx Evolution Master Fund Ltd. SPC, Segregated Portfolio M (as 2007 Warrant Holders) c/o Evolution Capital Management LLC 0000 Xxxxxx Xxxxxx, Suite 1880 Honolulu, HI 96813 U.S.A. Fax: + 0 (000) 000-0000 Attention: Xxxxxxx Xxxxxxxxx CQS Convertible and Quantitative Strategies Master Fund Limited and CQS Asia Master Fund Limited (as 2007 Warrant Holders) c/o CQS (UK) LLP 00 Xxxxxxx Xxxxxx London SW1X 7BL Fax: (000) 000 0000 Attention: Legal Department X. X. Xxxxxx Securities Ltd. c/o X.X. Xxxxxx Securities (Asia Pacific) Limited 00/X, Xxxxxx Xxxxx, 0 Xxxxxxxxx Xxxx Xxxxxxx, Xxxx Xxxx Attention: Xxxxx Xxxxxxxx Evolution Master Fund Ltd. SPC, Segregated Portfolio M (as 2006 Bond Subscriber) c/o Evolution Capital Management LLC 0000 Xxxxxx Xxxxxx, Suite 1880 Honolulu, HI 96813 U.S.A. Fax: + 0 (000) 000-0000 Attention: Xxxxxxx Xxxxxxxxx CQS Convertible and Quantitative Strategies Master Fund Limited (as 2006 Bond Subscriber) c/o CQS (UK) LLP 00 Xxxxxxx Xxxxxx London SW1X 7BL Fax: (000) 000 0000 Attention: Legal Department Xx. Xxxx Longhua No.38 Zhujiang Road Xinqu, Wuxi Jiangsu Province People’s Republic of China Fax: (00 000) 0000-0000 Attention: Piao Longhua THIS JOINDER is made on the day of BETWEEN (1) [ ] of [ ] (the “New Party”); AND (2) THE PERSONS WHOSE NAMES ARE SET OUT IN SCHEDULE 1 (collectively the “Current Parties” and individually a “Current Party”); AND (3) WSP HOLDINGS LIMITED, a company incorporated in the Cayman Islands and having its registered address at [ ] (the “Company”).
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THE OTHER PARTIES. The Security Trustee and the Administrator may terminate their role under this Agreement by validly terminating their roles as Security Trustee under the Security Deed and Administrator under the Administration Agreement, as applicable, and notifying the Metal Agent and the Issuer of the same in writing. The Issuer may terminate the Security Trustee’s or the Administrator’s role under this Agreement by validly terminating their role as Security Trustee under the Security Deed or Administrator under the Administration Agreement, as applicable, and notifying the Metal Agent and, as applicable, the Security Trustee or the Administrator of the same in writing.
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THE OTHER PARTIES. If a Party is uncertain about whether any information is to be treated as confidential in terms of this clause 21 it shall be obliged to treat it as such until written clearance is obtained from the other Parties.
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Related to THE OTHER PARTIES

  • Other Parties Nothing contained in this Agreement shall be construed as giving any person, firm, corporation or other entity, other than the parties to this Agreement and their successors and permitted assigns, any right, remedy or claim under or in respect of this Agreement or any term or condition contained in this Agreement.

  • Final Agreement This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties.

  • Indemnification by the Holders and any Agents and Underwriters The Company may require, as a condition to including any Registrable Securities in any registration statement filed pursuant to Section 2(b) hereof and to entering into any underwriting agreement with respect thereto, that the Company shall have received an undertaking reasonably satisfactory to it from the Electing Holder of such Registrable Securities and from each underwriter named in any such underwriting agreement, severally and not jointly, to (i) indemnify and hold harmless the Company, the Guarantors, and all other holders of Registrable Securities, against any losses, claims, damages or liabilities to which the Company, the Guarantors or such other holders of Registrable Securities may become subject, under the Securities Act or otherwise, insofar as such losses, claims, damages or liabilities (or actions in respect thereof) arise out of or are based upon an untrue statement or alleged untrue statement of a material fact contained in such registration statement, or any preliminary, final or summary prospectus contained therein or furnished by the Company to any such Electing Holder, agent or underwriter, or any amendment or supplement thereto, or arise out of or are based upon the omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein not misleading, in each case to the extent, but only to the extent, that such untrue statement or alleged untrue statement or omission or alleged omission was made in reliance upon and in conformity with written information furnished to the Company by such Electing Holder or underwriter expressly for use therein, and (ii) reimburse the Company and the Guarantors for any legal or other expenses reasonably incurred by the Company and the Guarantors in connection with investigating or defending any such action or claim as such expenses are incurred; provided, however, that no such Electing Holder shall be required to undertake liability to any person under this Section 6(b) for any amounts in excess of the dollar amount of the proceeds to be received by such Electing Holder from the sale of such Electing Holder’s Registrable Securities pursuant to such registration.

  • Further Agreements of the Parties Each of the Enterprise Parties covenants and agrees with the Underwriters:

  • Concerning the Holders Section 8.01. Action by Holders 45 Section 8.02. Proof of Execution by Holders 45 Section 8.03. Who Are Deemed Absolute Owners 45 Section 8.04. Company-Owned Notes Disregarded 46 Section 8.05. Revocation of Consents; Future Holders Bound 46

  • Reliance on Attorneys and Agents The Rights Agent may execute and exercise any of the rights or powers hereby vested in it or perform any duty hereunder either itself or by or through its attorneys or agents, and the Rights Agent shall not be answerable or accountable for any act, omission, default, neglect or misconduct of any such attorneys or agents or for any loss to the Company resulting from any such act, omission, default, neglect or misconduct, provided that reasonable care was exercised in the selection and continued employment thereof.

  • Final Agreement of the Parties THIS AMENDMENT, THE CREDIT AGREEMENT AND THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES.

  • Concerning the Warrant Agent and Other Matters 8.1. Any instructions given to the Warrant Agent orally, as permitted by any provision of this Warrant Agreement, shall be confirmed in writing by the Company as soon as practicable. The Warrant Agent shall not be liable or responsible and shall be fully authorized and protected for acting, or failing to act, in accordance with any oral instructions which do not conform with the written confirmation received in accordance with this Section 8.1. (a) Whether or not any Warrants are exercised, for the Warrant Agent’s services as agent for the Company hereunder, the Company shall pay to the Warrant Agent such fees as may be separately agreed between the Company and Warrant Agent and the Warrant Agent’s out of pocket expenses in connection with this Warrant Agreement, including, without limitation, the fees and expenses of the Warrant Agent’s counsel. While the Warrant Agent endeavors to maintain out-of-pocket charges (both internal and external) at competitive rates, these charges may not reflect actual out-of-pocket costs, and may include handling charges to cover internal processing and use of the Warrant Agent’s billing systems. (b) All amounts owed by the Company to the Warrant Agent under this Warrant Agreement are due within 30 days of the invoice date. Delinquent payments are subject to a late payment charge of one and one-half percent (1.5%) per month commencing 45 days from the invoice date. The Company agrees to reimburse the Warrant Agent for any attorney’s fees and any other costs associated with collecting delinquent payments. (c) No provision of this Warrant Agreement shall require Warrant Agent to expend or risk its own funds or otherwise incur any financial liability in the performance of any of its duties under this Warrant Agreement or in the exercise of its rights.

  • REMEDIES OF THE PARTIES a. If Buyers (a) fail to make the payments aforesaid, or any part thereof, as same become due; or (b) fail to pay the taxes or special assessments or charges, or any part thereof, levied upon said property, or assessed against it, by any taxing body before any of such items become delinquent; or (c) fail to keep the property insured; or (d) fail to keep it in reasonable repair as herein required; or (e) fail to perform any of the agreements as herein made or required; then Sellers, in addition to any and all other legal and equitable remedies which they may have, at their option, may proceed to forfeit and cancel this contract as provided by law (Chapter 656 Code of Iowa). Upon completion of such forfeiture Buyers shall have no right of reclamation or compensation for money paid, or improvements made; but such payments and/or improvements if any shall be retained and kept by Sellers as compensation for the use of said property, and/or as liquidated damages for breach of this contract ; and upon completion of such forfeiture, if the Buyers, or any other person or persons shall be in possession of said real estate or any part thereof, such party or parties in possession shall at once peacefully remove therefrom, or failing to do so may be treated as tenants holding over, unlawfully after the expiration of lease, and may accordingly be ousted and removed as such as provided by law. b. If Buyers fail to timely perform this contract, Sellers, at their option, may elect to declare the entire balance immediately due and payable after such notice, if any, as may be required by Chapter 654, The Code. Thereafter this contract may be foreclosed in equity and the court may appoint a receiver to take immediate possession of the property and of the revenues and income accruing therefrom and to rent or cultivate the same as the receiver may deem best for the interest of all parties concerned, and such receiver shall be liable to account to Buyers only for the net profits, after application of rents, issues and profits from the costs and expenses of the receivership and foreclosure and upon the contract obligation. It is agreed that if this contract covers less than ten (10) acres of land, and in the event of the foreclosure of this contract and sale of the property by sheriff's sale in such foreclosure proceedings, the time of one year for redemption from said sale provided by the statutes of the State of Iowa shall be reduced to six (6) months provided the Sellers, in such action file an election to waive any deficiency judgment against Buyers which may arise out of the foreclosure proceedings; all to be consistent with the provisions of Chapter 628 of the Iowa Code. If the redemption period is so reduced, for the first three (3) months after sale such right of redemption shall be exclusive to the Buyers, and the time periods in Sections 628.5, 628.15 and 628.16 of the Iowa Code shall be reduced to four (4) months. (1) The real estate is less than ten (10) acres in size; (2) the Court finds affirmatively that the said real estate has been abandoned by the owners and those persons personally liable under this contract at the time of such foreclosure; and (3) Sellers in such action file an election to waive any deficiency judgment against Buyers or their successor in interest in such action. If the redemption period is so reduced, Buyers or their successors in interest or the owner shall have the exclusive right to redeem for the first thirty (30) days after such sale, and the time provided for redemption by creditors as provided in Sections 628.5, 628.15 and 628.16 of the Iowa Code shall be reduced to forty (40) days. Entry of appearance by pleading or docket entry by or on behalf of Buyers shall be presumption that the property is not abandoned. Any such redemption period shall be consistent with all of the provisions of Chapter 628 of the Iowa Code. This paragraph shall not be construed to limit or otherwise affect any other redemption provisions contained in Chapter 628 of the Iowa Code. Upon completion of such forfeiture Buyers shall have no right of reclamation or compensation for money paid, or improvements made; but such payments and for improvements if any shall be retained and kept by Sellers as compensation for the use of said property, and/or as liquidated damages for breach of this contract; and upon completion of such forfeiture, if Buyers, or any other person or persons shall be in possession of said real estate or any part thereof, such party or parties in possession shall at once peacefully remove therefrom, or failing to do so may be treated as tenants holding over, unlawfully after the expiration of a lease, and may accordingly be ousted and removed as such as provided by law. c. If Sellers fail to timely perform their obligations under this contract, Buyers shall have the right to terminate this contract and have all payments made returned to them. d. Buyers and Sellers are also entitled to utilize any and all other remedies or actions at law or in equity available to them. e. In any action or proceeding relating to this contract the successful party shall be entitled to receive reasonable attorney's fees and costs as permitted by law.

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