XXXXXXX XX XXXXXXXX. Xxxx Xxxxxxxxx is made solely for the benefit of the Underwriters, the Company, and to the extent expressed, any person controlling the Company or an Underwriter, as the case may be, and the directors of the Company, nominees for directors of the Company (if any) named in the Prospectus, officers of the Company who have signed the Registration Statement, and their respective executors, administrators, successors and assigns; and no other person shall acquire or have any right under or by virtue of this Agreement. The term "successors and assigns" shall not include any purchaser, as such, from an Underwriter of the Shares.
XXXXXXX XX XXXXXXXX. Xxxx Xxxxxxxxx xx xxxx xxxxxx xxx xxx benefit of the Underwriter(s) and the Fund, and their respective controlling persons, trustees or directors and officers, and their respective successors, assigns, executors and administrators. No other person shall acquire or have any right under or by virtue of this Agreement.
XXXXXXX XX XXXXXXXX. (a) The Company will pay or cause to be paid all expenses incident to the performance of its obligations under this Agreement, including (i) the preparation, printing and filing of the Registration Statement (including financial statements and exhibits) and each amendment thereto, (ii) the delivery to the Placement Agents of this Agreement and such other documents as may be required in connection with the offering, purchase, sale, issuance or delivery of the Notes, (iii) the fees and disbursements of the Company's counsel, accountants and other advisors, (iv) the qualification of the Notes under securities laws in accordance with the provisions of Section 4(d) hereof, including filing fees and the reasonable fees and disbursements of counsel for the Placement Agents in connection therewith, (v) the printing and delivery to the Placement Agents of copies of each of the Prospectus and any amendments or supplements thereto, and (vi) the fees and expenses of any transfer agent or registrar for the Notes.
XXXXXXX XX XXXXXXXX. (A) The County may terminate this Agreement, except as otherwise provided in this section, by giving Hauler 30 days advance written notice, upon the happening of any one of the following events: (1) If Hauler shall take the benefit of any present or future insolvency statute, or shall make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a petition or answer seeking an arrangement for its reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any other law or state of the United States or any state thereof, or consent to the appointment of a receiver, trustee or liquidator of all or substantially all of its property; or
XXXXXXX XX XXXXXXXX. Xxxxxxxx consents and agrees to the foregoing Agreement, which was entered into at Landlord’s request. The foregoing Agreement shall not alter, waive or diminish any of Landlord’s obligations or rights under the Mortgage or the Lease. The above Agreement discharges any obligations of Mortgagee under the Mortgage and related loan documents to enter into a nondisturbance agreement with Tenant. Xxxxxxx L/R, LLC, a Texas limited liability company By: Name: Title: ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF XXXXXX This instrument was acknowledged on the day of , 20__, by , of Seaholm L/R, LLC, a Texas limited liability company, on behalf of said company. Notary Public in and for the State of Texas Exhibit A
XXXXXXX XX XXXXXXXX. Xxxx Xxxxxxxxx xxxxxx xxx xxxxx is made solely for the benefit of the several Underwriters, the Company and, to the extent expressed, any person controlling the Company or of the Underwriters, and directors of the Company, nominees for directors (if any) named in the Prospectus, its officers who have signed the Registration Statement, and their respective executors, administrators, successors, assigns and no other person shall acquire or have any right under or by virtue of this Agreement. The term "successors and assigns" shall not include any purchaser of the Securities, as such purchaser, from the several Underwriters. All of the obligations of the Underwriters hereunder are several and not joint.
XXXXXXX XX XXXXXXXX. (a) The Company will pay all expenses incident to the performance of the obligations of the Company under this Agreement, including (i) the costs associated with the preparation, printing and filing of the Registration Statement (including any financial statements and exhibits) as originally filed and of each amendment thereto, (ii) the costs associated with the preparation, printing and delivery to the Underwriters of this Agreement, any agreement among Underwriters, the Trust Agreement and such other documents as may be required in connection with the offering, purchase, sale, issuance or delivery of the Certificates, (iii) the costs associated with the preparation, issuance and delivery of the Certificates to the Underwriters, including any transfer taxes and any stamp or other duties payable upon the sale, issuance or delivery of the Certificates to the Underwriters, (iv) the fees and disbursements of the counsel, accountants and other advisors or agents (including transfer agents and registrars) to the Company, as well as the fees and disbursements of the Trustee and its counsel, (v) the printing and delivery to the Underwriters of copies of each Preliminary Prospectus, and the Final Prospectus and any amendments or supplements thereto, (vi) the fees charged by nationally recognized statistical rating organizations for the rating of the Certificates, (vii) the qualification of the Certificates under securities laws in accordance with the provisions of Section 5(e) hereof, including filing fees and the reasonable fees and disbursements of counsel for the Underwriters in connection therewith and in connection with the preparation of the blue sky survey and any supplement thereto, and (viii) the cost of making the Certificates eligible for clearance and settlement through the facilities of The Depository Trust Company or any other depositary.
XXXXXXX XX XXXXXXXX. Xxx xxx xxxxx xxx xxxxxxxxxx xx xxis Agreement shall be binding upon and inure to the benefit of and be enforceable by the successors of the parties hereto, and by the successors, heirs, executors and personal representatives of Dato.
XXXXXXX XX XXXXXXXX. Xxxx Xxxxxxxxx xxxxx xx xxxxxng upon and inure solely to the benefit of each party hereto, and nothing in this Agreement, express or implied, is intended to or shall confer upon any other Person (other than the Indemnified Parties) any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement, including, without limitation, by way of subrogation. Nothing in this Agreement, express or implied, is intended to or shall confer any rights upon any Client, New Client, CDO Consent Party or New CDO Consent Party, or shall be an acknowledgment or admission by any Seller, the Company or DCM that the consent of any of such parties to the transactions contemplated by this Agreement is required.
XXXXXXX XX XXXXXXXX. Xxe arbitration shall be held in San Francisco. The award rendered by the arbitration shall in any case be final and binding upon the parties hereto.
