Acknowledgement of Rights. The Company acknowledges that, with respect to any Securities held by the Trust or a trustee of the Trust, if the Preferred Trustee of such Trust fails to enforce its rights under this Indenture as the holder of the Securities held as the assets of the Trust, any holder of the Trust Securities may institute legal proceedings directly against the Company to enforce such Preferred Trustee's rights under this Indenture without first instituting any legal proceedings against such Preferred Trustee or any other person or entity. Notwithstanding the foregoing, if an Event of Default has occurred and is continuing and such event is attributable to the failure of the Company to pay principal of (or premium, if any) or interest on the Securities when due, the Company acknowledges that a holder of Trust Securities may directly institute a proceeding for enforcement of payment to such holder of the principal of (or premium, if any) or interest on the Securities having a principal amount equal to the aggregate liquidation amount of the Trust Securities of such holder on or after the respective due date specified in the Securities.
Acknowledgement of Rights. The Company acknowledges that, with respect to any Securities held by a Citigroup Trust or a trustee of such Trust, if the Institutional Trustee of such Citigroup Trust fails to enforce its rights under this Indenture as the Holder of the series of Securities held as the assets of such Citigroup Trust, any holder of Preferred Securities of such Citigroup Trust may institute legal proceedings directly against the Company to enforce such Institutional Trustee's rights under this Indenture without first instituting any legal proceedings against such Institutional Trustee or any other person or entity. Notwithstanding the foregoing, if a Default has occurred and is continuing and such event is attributable to the failure of the Company to pay interest or principal on the applicable series of Securities on the date such interest or principal is otherwise payable (or in the case of redemption, on the redemption date), the Company acknowledges that a holder of Trust Securities issued by the Citigroup Trust which is, or the Institutional Trustee of which is, the Holder of such Securities may directly institute a proceeding for enforcement of payment to such holder of the principal of or interest on the applicable series of Securities having a principal amount equal to the aggregate liquidation amount of the Trust Securities of such holder (a "Direct Action") on or after the respective due date specified of such holder on or after the respective due date specified in the applicable series of Securities. Notwithstanding any payments made to such holder of Trust Securities by the Company in connection with a Direct Action, the Company shall remain obligated to pay the principal of or interest on the series of Securities held by a Citigroup Trust or the Institutional Trustee of a Citigroup Trust, and the Company shall be subrogated to the rights of the holder of such Trust Securities to the extent of any payments made by the Company to such holder in any Direct Action. * * * * This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
Acknowledgement of Rights. 12.1 Nothing contained in this Agreement will be deemed to limit or affect any other Aboriginal rights or claims the First Nation may have at law or in equity. Nothing contained in this Agreement will be deemed to limit or affect the legal rights, duties of obligations of the Municipality. The Parties agree that nothing in this Agreement will affect the cooperation or consultation covenants the Parties have entered into pursuant to other Agreements.
Acknowledgement of Rights. 74 ARTICLE XIV
Acknowledgement of Rights. The Company will, at the time of exercise of this Warrant in accordance with the terms hereof, upon request of the Registered Holder, acknowledge in writing its continuing obligation to afford to such holder any rights to which such holder shall continue to be entitled after such exercise in accordance with the provisions of this Warrant, provided that if the holder of this Warrant shall fail to make any such request, such failure shall not affect the continuing obligation of the Company to afford to such holder any such rights.
Acknowledgement of Rights. Each Licensee agrees and acknowledges that the Marks are the valuable property of, and are owned by, Licensor. Each Licensee will not directly or indirectly: (i) challenge or contest the validity or enforceability of the Licenses; (ii) dispute the validity, enforceability or Licensor's ownership of the Marks, or initiate or participate in any proceeding of any kind opposing the grant of Marks, or challenging any trademark application in connection with the Marks; (iii) apply to register or otherwise obtain registration of (A) the Licenses, or (B) the Marks or any variation thereon or derivative thereof with any trademark, business or domain name registrar; or (iv) assist any other Person to do any of the foregoing (except if and to the extent required by court order or subpoena). Any violation of this Section 3(b) will constitute a material breach of the License Agreement.
Acknowledgement of Rights. Licensee hereby acknowledges the proprietary nature of all names and logos of the Major League Baseball Clubs, the Leagues, the Office of the Commissioner of Baseball or Licensor and acknowledges that all rights, title and interest to such names or logos belong to the individual Clubs, the Leagues, the Office of the Commissioner of Baseball and/or Licensor, as the case may be. Licensee represents that it has not made any unauthorized use of names or logos of the Major League Baseball Clubs, the Leagues, the Office of the Commissioner of Baseball or Licensor and agrees that it will make no use of any such names or logos, other than as provided in this Agreement, without the prior written consent of Licensor, the Office of the Commissioner of Baseball or the appropriate individual League or Club. Any use Licensee has made or will make of such names and logos has not conferred or will not confer, as the case may be, any rights or benefits upon it whatsoever, and any rights created by such use shall inure to the benefit of the individual Clubs, the Leagues, the Office of the Commissioner of Baseball and/or Licensor, as the case may be.
Acknowledgement of Rights. The Company acknowledges that, with respect to any Securities held by any Sterling Capital Trust or a trustee of any such Trust, if the Property Trustee of such Trust fails to enforce its rights under this Indenture as the holder of the series of Securities held as the assets of such Sterling Capital Trust, any holder of Trust Preferred Securities may institute legal proceedings directly against the Company to enforce such Property Trustee's rights under this Indenture without first instituting any legal proceedings against such Property Trustee or any other person or entity. Notwithstanding the foregoing, if an Event of Default has occurred and is continuing and such event is attributable to the failure of the Company to pay principal of or interest on the applicable series of Securities when due, the Company acknowledges that a holder of Trust Preferred Securities may directly institute a proceeding for enforcement of payment to such holder of the principal of or interest on the applicable series of Securities having a principal amount equal to the aggregate liquidation amount of the Trust Preferred Securities of such holder on or after the respective due date specified in the applicable series of Securities.
Acknowledgement of Rights. The Company acknowledges that, with respect to any ICONs held by the Trust or the Trustee, if the Trustee fails to enforce its right under this Supplemental Indenture as the holder of the ICONs held as the assets of the Trust, any holder of Capital Securities may institute legal proceedings directly against the Company to enforce the Trustee's rights under this Supplemental Indenture without first instituting any legal proceedings against such Trustee or any other person or entity. Notwithstanding the foregoing, if a Event of Default has occurred and is continuing and such event is attributable to the failure of the Company to pay interest or principal on the ICONs on the date such interest or principal is otherwise payable (or in the case of redemption, on the redemption date), the Company acknowledges that a holder of Capital Securities issued by the Trust which is, or the Trustee of which is, the holder of such Capital Securities may directly institute a proceeding for enforcement of payment to such holder of the principal of or interest on the ICONs having a principal amount equal to the aggregate liquidation amount of the Capital Securities of such holder (a "Direct Action") on or after the respective due date specified of such holder on or after the respective due date specified in the ICONs. Notwithstanding any payments made to such holder of Capital Securities by the Company in connection with a Direct Action, the Company shall remain obligated to pay the principal of or interest on the ICONs held by the Trust or Trustee, and the Company shall be subrogated to the rights of the holder of such Capital Securities to the extent of any payments made by the Company to such holder in any Direct Action.
Acknowledgement of Rights. The Corporation acknowledges that, with respect to any Junior Subordinated Debentures held by MainStreet Capital Trust I or a trustee of such trust, if the Property Trustee of such Trust fails to enforce its rights under this Indenture as the holder of the Junior Subordinated Debentures held as the assets of MainStreet Capital Trust I, any holder of Capital Securities may institute legal proceedings directly against the Corporation to enforce such Property Trustee's rights under this Indenture without first instituting any legal proceedings against such Property Trustee or any other person or entity. Notwithstanding the foregoing, if a Debenture Event of Default has occurred and is continuing and such event is attributable to the failure of the Corporation to pay principal of (or premium, if any) or interest on the Junior Subordinated Debentures when due, the Corporation acknowledges that a holder of Capital Securities may directly institute a proceeding for enforcement of payment to such holder of the principal of (or premium, if any) or interest on the Junior Subordinated Debentures having a principal amount equal to the aggregate liquidation amount of the Capital Securities of such holder on or after the respective due date specified in the Junior Subordinated Debentures.
