Common use of Use of Agents Clause in Contracts

Use of Agents. The Warrant 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 provided that the Warrant Agent shall remain responsible for the activities or omissions of any such agent or attorney and reasonable care has been exercised in the selection and in the continued employment of such attorney or agent.

Appears in 23 contracts

Samples: Warrant Agreement (Key Energy Services Inc), Warrant Agreement (Talos Energy Inc.), Warrant Agreement (Hercules Offshore, Inc.)

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Use of Agents. The Warrant 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 provided that and the Warrant Agent shall remain not be responsible for the activities misconduct or omissions negligence of any such agent or attorney and reasonable attorney, provided due care has had been exercised in the selection appointment and in the continued employment of such attorney or agentthereof.

Appears in 18 contracts

Samples: Warrant Agreement (Interpublic Group of Companies, Inc.), Warrant Agreement (ING U.S., Inc.), Warrant Agreement (General Motors Co)

Use of Agents. The Warrant Agent may execute and exercise any of the rights or powers hereby vested in it or perform any duty hereunder thereunder either itself (through its employees) or by or through its attorneys or agents provided that the Warrant Agent (which shall remain not include its employees) and shall not be responsible for the activities misconduct or omissions negligence of any such agent or attorney and reasonable appointed, provided that due care has had been exercised in the selection appointment and in the continued employment of such attorney or agentthereof.

Appears in 5 contracts

Samples: Warrant Agreement (Magnachip Semiconductor LLC), Tranche C Warrant Agreement (Gentek Inc), Tranche B Warrant Agreement (Gentek Inc)

Use of Agents. The Warrant 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 agents, provided that the Warrant Agent shall remain responsible for the activities or omissions of any such attorney or agent or attorney and reasonable care has been exercised in the selection appointment and in the continued employment of such attorney or agent.

Appears in 2 contracts

Samples: Warrant Agreement (C&J Energy Services Ltd.), Warrant Agreement (Bonanza Creek Energy, Inc.)

Use of Agents. The Warrant 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 provided that the Warrant Agent shall remain responsible for the activities or omissions of any such agent or attorney and reasonable care has been exercised in the selection and in the continued employment of such attorney or agentagents.

Appears in 2 contracts

Samples: Warrant Agreement (LyondellBasell Industries N.V.), Warrant Agreement (LyondellBasell Industries N.V.)

Use of Agents. The Warrant 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 provided that and the Warrant Agent shall remain not be responsible for the activities misconduct or omissions negligence of any such agent or attorney and reasonable attorney, provided due care has had been exercised in the selection appointment and in the continued employment of such attorney or agentthereof.

Appears in 1 contract

Samples: Warrant Agreement (Capital Automotive Reit)

Use of Agents. The Warrant 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 provided that the Warrant Agent shall remain responsible for the activities or omissions of any such agent or attorney and reasonable care has been exercised in the selection and in the continued employment of such attorney or agent.

Appears in 1 contract

Samples: Warrant Agreement (WillScot Corp)

Use of Agents. The Warrant 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 provided that the Warrant Agent shall remain responsible for the activities act or omissions of any such agent or attorney and reasonable care the Warrant Agent has been exercised not engaged in willful misconduct, bad faith or gross negligence (each as determined by a court of competent jurisdiction in a final non-appealable judgment) in the selection and in the continued employment of such attorney or agent.

Appears in 1 contract

Samples: Warrant Agreement (Seventy Seven Energy Inc.)

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Use of Agents. The Warrant 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 provided that the Warrant Agent and shall remain responsible not be liable for the activities acts or omissions of any such agent agents or attorney and reasonable attorneys appointed with due care has been exercised in the selection and in the continued employment of such attorney or agenthereunder.

Appears in 1 contract

Samples: Warrant Agreement (Impsat Fiber Networks Inc)

Use of Agents. The Warrant 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 agents, provided that the Warrant Agent shall remain responsible for the activities or omissions of any such attorney or agent or attorney and commercially reasonable care has been exercised in the selection appointment and in the continued employment of such attorney or agent.

Appears in 1 contract

Samples: Warrant Agreement (Sandridge Energy Inc)

Use of Agents. The Warrant 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 provided that and the Warrant Agent shall remain not be responsible for the activities misconduct or omissions negligence of any such agent or attorney and reasonable attorney, provided due care has had been exercised in the selection appointment and in the continued employment of such attorney or agentthereof.

Appears in 1 contract

Samples: Warrant Agreement (Icon Holdings Corp)

Use of Agents. The Warrant 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 provided that the Warrant Agent shall remain responsible for the activities or omissions of any such agent or attorney and reasonable care has been exercised in the selection and in the continued employment of such attorney or agentattorney.

Appears in 1 contract

Samples: Warrant Agreement (Cooper-Standard Holdings Inc.)

Use of Agents. The Warrant Agent may execute and exercise any of the its rights or and powers hereby vested in it or perform any duty hereunder either itself or by or through its agents or attorneys or agents provided that and the Warrant Agent shall remain responsible not be answerable or accountable for the activities any act, default, neglect or omissions misconduct of any such agent agents or attorney and attorneys; provided, however, reasonable care has been was exercised in the selection and in the continued employment of such attorney or agentthereof.

Appears in 1 contract

Samples: Warrant Agreement (Biovail Corporation International)

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