BNYMCM definition

BNYMCM has the meaning set forth in the introductory paragraph of this Agreement.
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BNYMCM. BNY Mellon Capital Markets, LLC.
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BNYMCM has the meaning set forth in the Preamble.
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Examples of BNYMCM in a sentence

  • The Company acknowledges and agrees that (i) there can be no assurance that BNYMCM will be successful in selling Issuance Shares and (ii) BNYMCM will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by BNYMCM to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under this Section 2.01.

  • The relative benefits received by the Company, on the one hand, and by BNYMCM, on the other, shall be deemed to be in the same proportion as the total net proceeds from the sale of Common Shares (before deducting expenses) received by the Company bear to the total commissions received by BNYMCM in respect thereof.

  • BNYMCM may sell Issuance Shares in the manner described in Section 2.01(b) herein.

  • BNYMCM 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 number of Issuance Shares that BNYMCM shall use its commercially reasonable efforts to sell pursuant to such Issuance shall have an aggregate Sales Price equal to the Issuance Amount.

  • The obligations of the Company and BNYMCM under this Article VI shall be in addition to any liability that the Company and BNYMCM may otherwise have.

  • In acting hereunder, BNYMCM will be acting as agent for the Company and not as principal.

  • 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 BNYMCM in connection with such statements or omissions, as well as any other relevant equitable considerations.

  • If the Company defaults in its obligation to deliver Issuance Shares on a Settlement Date, the Company agrees that it will (i) hold BNYMCM 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 BNYMCM any Selling Commission to which it would otherwise have been entitled absent such default.

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


More Definitions of BNYMCM

BNYMCM has the meaning set forth in the first paragraph of this letter.
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Related to BNYMCM

  • 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.

  • 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.

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

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

  • Xxxxx Fargo Securities means Xxxxx Fargo Securities, LLC.

  • Selling Agent Morgan Stanley & Co.

  • Initial Purchaser As defined in the preamble hereto.

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

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

  • RBC means Royal Bank of Canada.

  • 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;

  • 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.

  • 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.

  • Selling Holder means a Holder who is selling Registrable Securities pursuant to a Registration Statement.

  • 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).

  • Placement Agent Warrants shall have the meaning set forth in the Subscription Agreement.

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

  • Company Underwriter has the meaning set forth in Section 4(a).

  • 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.

  • Lead Underwriter means, in respect of a syndicate of underwriters,