FMCI definition
Examples of FMCI in a sentence
FMCI may, at its election, so inform third parties with whom it deals on behalf of the Company and may take other steps to carry out the intent of this Article Five.
Any balance due from FMCI to the Company or from the Company to FMCI shall be paid to the other within ten days following such determination; provided that in lieu of paying cash to the Company, FMCI shall have the right to make such payment (and the Company shall have the right to require such payment to be made) by pro rata offset against each monthly installment of the Annual Fee for the current year, by written notice to the Company on or before the date such payment is otherwise due.
FMCI may retain such third party consultants and professional advisors as FMCI shall reasonably deem necessary or appropriate in order to enable FMCI to perform the corporate advisory services undertaken by FMCI hereunder.
No later than April 1 of each calendar year, FMCI and the Company shall (i) conduct an annual review (the "ANNUAL REVIEW") to determine whether the Annual Fee paid by the Company for the preceding calendar year is greater or less than the Company's allocable percentage of the FMCI Corporate Expenses for such year plus the Margin, (ii) review the FMCI Corporate Expenses actually incurred during the previous calendar year, and (iii) establish an official expense policy for the current calendar year.
FMCI shall seek to realize the goals of the Company, its subsidiaries and joint ventures in accordance with their respective organizational documents and stockholders documents as in effect from time to time and the directives of the Board.
In no event shall FMCI or any Affiliate be liable in connection with the services hereunder for indirect, consequential, special or punitive damages.
FMCI agrees and understands that in the course of FMCI's relationship with the Company, FMCI will be exposed to and receive Confidential Information (as defined in the Company's Second Amended and Restated Stockholders Agreement dated April 7, 2000, (as amended, the "STOCKHOLDERS AGREEMENT")) relating to the confidential affairs of the Company and its affiliates.
Without limitation of the foregoing, FMCI has not made any representation, warranty or covenant concerning the fair market value of the Company's, its subsidiaries' or joint ventures' assets, or future revenues, cash flows or costs (including finance costs) of the Company, its subsidiaries or joint ventures.
The grantee shall hold the Department harmless from and indemnify the Department against any and all claims, demands and actions based upon or arising out of any activities performed by the grantee and its employees and agents under this Grant Agreement and shall, at the request of the Department, defend any and all actions brought against the Department based upon any such claims or demands.
The Company and FMCI shall not, by virtue of this Agreement or the performance thereof by either party, constitute a partnership, joint venture or joint enterprise in the performance of FMCI's duties hereunder.