Pooling Agent definition
Examples of Pooling Agent in a sentence
All indemnities granted to the Pooling Agent herein will survive the termination of this Agreement or the termination or resignation of the Pooling Agent.
Any amount due under this section and unpaid 30 days after request for such payment, will bear interest from the expiration of such period at a rate per annum equal to the then current rate charged by the Pooling Agent, payable on demand.
Under no circumstances will the Pooling Agent be liable for any special, indirect, incidental, consequential, exemplary, aggravated or punitive losses or damages hereunder, including any loss of profits, whether foreseeable or unforeseeable.
This Section 8.5 shall survive notwithstanding any termination of the Agreement or the resignation or removal of the Pooling Agent.
The Shareholder and the Company may terminate the Pooling Agent by giving not less than five (5) days’ notice to the Pooling Agent.
In the event of termination or resignation of the Pooling Agent for any reason, the Pooling Agent shall, within that five (5) days’ notice period deliver the Shareholder’s Shares to the new trustee to be named by the Shareholder and the Company.
The Pooling Agent will not be liable to any of the Parties hereunder for any action taken or omitted to be taken by it under or in connection with this Agreement, except for losses directly, principally and immediately caused by its bad faith, wilful misconduct or gross negligence.
The resignation or termination of the Pooling Agent will be effective and the Pooling Agent will cease to be bound by this Agreement on the date that is five (5) days after the date of receipt of the termination notice given hereunder or on such other date as the Pooling Agent, the Shareholder and the Company may agree upon.
Notwithstanding any other provision hereof, this indemnity shall survive the removal or resignation of the Pooling Agent and the termination of this Agreement.
If the Pooling Agent obeys and complies with any such writs, orders, judgments or decrees, it will not be liable to any of the parties hereto or to any other person, firm, association or corporation by reason of such compliance, notwithstanding that such writs, orders, judgments or decrees may be subsequently reversed, modified, annulled, set aside or vacated.