Examples of Payments Agreement in a sentence
In no event will the Securityholders’ Agent be required to advance or risk its own funds or otherwise incur any financial liability in the exercise or performance of any of its powers, rights, duties or privileges or pursuant to this Agreement, the Payments Agreement, the Securityholders’ Agent Engagement Agreement or the transactions contemplated hereby or thereby.
PNC Bank, National Association, shall act as payment administrator in the Merger (the “Payment Administrator”) pursuant to the terms of this Agreement and the Payments Agreement.
The Expense Fund will be used (i) for the purposes of paying directly or reimbursing the Securityholders’ Agent for any Representative Losses incurred pursuant to this Agreement, the Payments Agreement or the Securityholders’ Agent Engagement Agreement; or (ii) as otherwise determined by the Advisory Group.
Certain Indemnitors have entered into an engagement agreement (the “Securityholders’ Agent Engagement Agreement”) with the Securityholders’ Agent to provide direction to the Securityholders’ Agent in connection with its services under this Agreement, the Payments Agreement and the Securityholders’ Agent Engagement Agreement (such Indemnitors, including their individual representatives, collectively hereinafter referred to as the “Advisory Group”).
Notwithstanding the foregoing or Section 10.1(b), the Securityholders’ Agent shall have no obligation to act on behalf of the Indemnitors, except as expressly provided herein, in the Payments Agreement and in the Securityholders’ Agent Engagement Agreement, and for purposes of clarity, there are no obligations of the Securityholders’ Agent in any other ancillary agreement, schedule, exhibit or the Disclosure Schedule.