BNYCMI definition

BNYCMI means BNY Capital Markets, Inc., in its individual capacity, and its successors.
BNYCMI means BNY Capital Markets, Inc., as Sole Lead Arranger and Book Manager of the credit facility provided hereunder. 47

Examples of BNYCMI in a sentence

  • This Agreement and the rights, duties and obligations hereunder may not be assigned or delegated by the Company or BNYCMI.

  • If, however, the allocation provided by the immediately preceding sentence is not permitted by applicable law, then each Indemnifying Party shall contribute to such amount paid or payable by such Indemnifying Party in such proportion as is appropriate to reflect not only such relative benefits but also the relative fault of the Company and of BNYCMI in connection with such statements or omissions, as well as any other relevant equitable considerations.

  • Notwithstanding the provisions of this Section 6.04, BNYCMI shall in no event be required to contribute any amount in excess of the commissions received by it under this Agreement.

  • BNYCMI will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof.

  • The Company and BNYCMI each hereby irrevocably waives any right it may have to a trial by jury in respect of any claim based upon or arising out of this Agreement or any transaction contemplated hereby.

  • BNYCMI agrees that no such notice shall be effective against the Company unless it is made to one of the individuals named on Schedule 1 annexed hereto, as such Schedule may be amended from time to time.

  • The Company agrees that no such notice shall be effective against BNYCMI unless it is made to one of the individuals named on Schedule 1 hereto, as such Schedule may be amended from time to time.

  • All representations and warranties of the Company herein or in certificates delivered pursuant hereto shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of BNYCMI and its officers, directors, employees and agents and any Controlling Persons, (ii) delivery and acceptance of the Common Shares and payment therefor or (iii) any termination of this Agreement.

  • Each Lender also acknowledges that it will independently and without reliance upon the Bank, BNYCMI or any other Lender, based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

  • If the Company defaults in its obligation to deliver Issuance Shares on a Settlement Date, the Company agrees that it will (i) hold BNYCMI harmless against any loss, claim, damage or expense (including, without limitation, penalties, interest and reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company, and (ii) pay to BNYCMI any Selling Commission to which it would otherwise have been entitled absent such default.


More Definitions of BNYCMI

BNYCMI. BNY Capital Markets, Inc.

Related to BNYCMI

  • Sales Agent means an authorized representative of the Company; and

  • Placement Agent means X.X. Xxxxxxxxxx & Co., LLC.

  • Placement Agents shall have the meaning set forth in the preamble.

  • Xxxxx Fargo Securities means Xxxxx Fargo Securities, LLC.

  • Forward Purchaser has the meaning set forth in the introductory paragraph of this Agreement.

  • Jefferies means Jefferies Finance LLC.

  • Underwriter means a securities dealer who purchases any Registrable Securities as principal in an Underwritten Offering and not as part of such dealer’s market-making activities.

  • Underwriters means the underwriters named in Schedule A to the Underwriting Agreement.

  • Initial Purchaser As defined in the preamble hereto.

  • Initial Purchasers shall have the meaning set forth in the preamble.

  • Placement Shares shall have the meaning given in the Recitals hereto.

  • Registration Agent means the registration and paying agent appointed by the Mayor pursuant to the terms hereof, or any successor designated by the Governing Body.

  • RBC means Royal Bank of Canada.

  • Selling Holder means a Holder who is selling Registrable Securities pursuant to a registration statement.

  • Selling Agent Morgan Stanley & Co.

  • Underwriters’ Representative means the managing underwriter, or, in the case of a co-managed underwriting, the managing underwriter designated as the Underwriters' Representative by the co-managers.

  • managing dealer means a person that has entered into an agreement with an issuer under which the person has agreed to organize and participate in the solicitation of the exercise of the rights issued by the issuer;

  • Dealer Manager means Realty Capital Securities, LLC, or such other Person selected by the Board of Directors to act as the dealer manager for the Offering.

  • Exchanging Dealer means any Holder (which may include any Initial Purchaser) that is a Broker-Dealer and elects to exchange for New Securities any Securities that it acquired for its own account as a result of market-making activities or other trading activities (but not directly from the Company or any Affiliate of the Company) for New Securities.

  • Marketing Agent means MACRO Financial, LLC, in its capacity as marketing agent hereunder, and its successors and assigns.

  • Underwriters' Securities means the Offered Securities other than Contract Securities.

  • Dealer Managers shall have the meaning set forth in the preamble.

  • Remarketing Agent(s) has the meaning set forth in the Supplemental Indenture.

  • Standby Purchaser shall have the meaning set forth in the preamble hereof.

  • Selling Holders means, with respect to a specified registration pursuant to this Agreement, Holders whose Registrable Securities are included in such registration.

  • FBR As defined in the preamble.