Partners and Affiliates Sample Clauses

Partners and Affiliates. Except as otherwise provided, this Agreement governs all purchases and use of Mirantis Software and Services by Customer. If Customer purchases Services through a partner, Mirantis is solely responsible for providing such Software and Services pursuant to the terms of this Agreement. Mirantis is not responsible for any additional obligations, conditions, or warranties agreed to between Customer and partner. The parties agree that Customer Affiliate(s) may acquire Software and Services from Mirantis or Mirantis Affiliates by entering into an Order Form with Mirantis or Mirantis Affiliate(s). “Affiliate” means an entity that owns or controls (has the direct or indirect power to direct or cause the direction of management and policies of an entity), is owned or controlled by, or is under the common control or ownership with a party.
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Partners and Affiliates. Except as otherwise provided, this Agreement governs all purchases and use of the Subscription Services, which includes Mirantis Software, by Customer. If Customer purchases Subscription Services through an authorized Mirantis business partner, Mirantis is solely responsible for providing such Subscription Services and Software pursuant to the terms of this Agreement. Mirantis is
Partners and Affiliates. Partners and Affiliates shall have the right to terminate the use of any Application for any reason and that the Customer must agree to cease such use. Customer must agree that its Partners and Affiliates are not liable for any damages associated with the termination.
Partners and Affiliates. The Manager warrants that on the date of this Agreement a complete list of its members and officers is attached as Exhibit B.
Partners and Affiliates. Notwithstanding anything to the contrary herein, an Investor may transfer rights granted to it under this Agreement to any Affiliate or partner of such Investor to whom shares of Preferred Stock are transferred pursuant to Section 2 and who delivers to the Company a written instrument in accordance with Section 15.2 above and containing the representation that the transfer is exempt from registration under the Securities Act. In the event of such transfer, such Affiliate or partner shall be deemed to be an Investor for purposes of this Section 15 and may again transfer such rights to any other person or entity that acquires shares of Preferred Stock from such Affiliate or partner, in accordance with, and subject to, the provisions of Section 15.1, 15.2 and 15.3 above; provided, however, that if an Investor transfers rights under this Agreement to its partners at any time prior to the completion of the Qualified Public Offering, the general partner of the Investor shall be deemed the sole recipient of notices for all of such Investor's partners for the purposes of Section 16.6 of this Agreement.
Partners and Affiliates. Manager warrants that on the date of this Agreement a complete list of its members and officers is attached as EXHIBIT B.

Related to Partners and Affiliates

  • Subsidiaries and Affiliates The Sub-Advisor may perform any or all of the services contemplated by this Agreement directly or through such of its subsidiaries or other affiliated persons as the Sub-Advisor shall determine; provided, however, that performance of such services through such subsidiaries or other affiliated persons shall have been approved by the Trust to the extent required pursuant to the 1940 Act and rules thereunder.

  • Agents and Affiliates Each Managing Agent and the Program Agent and their respective Affiliates may engage in any kind of business with the Borrower, any DT Entity or any Contract Debtor, any of their respective Affiliates and any Person who may do business with or own securities of Borrower, any DT Entity or any Contract Debtor or any of their respective Affiliates, all as if such Persons were not Managing Agents and/or Program Agent and without any duty to account therefor to any Lender.

  • Agent and Affiliates Agent shall have the same rights and powers under the Financing Documents as any other Lender and may exercise or refrain from exercising the same as though it were not Agent, and Agent and its Affiliates may lend money to, invest in and generally engage in any kind of business with each Credit Party or Affiliate of any Credit Party as if it were not Agent hereunder.

  • GE Capital and Affiliates With respect to its Commitments hereunder, GE Capital shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not Agent; and the term "Lender" or "Lenders" shall, unless otherwise expressly indicated, include GE Capital in its individual capacity. GE Capital and its Affiliates may lend money to, invest in, and generally engage in any kind of business with, any Credit Party, any of their Affiliates and any Person who may do business with or own securities of any Credit Party or any such Affiliate, all as if GE Capital were not Agent and without any duty to account therefor to Lenders. GE Capital and its Affiliates may accept fees and other consideration from any Credit Party for services in connection with this Agreement or otherwise without having to account for the same to Lenders. Each Lender acknowledges the potential conflict of interest between GE Capital as a Lender holding disproportionate interests in the Loans and GE Capital as Agent.

  • Affiliates The Borrower will not, and will not permit any Subsidiary to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's or such Subsidiary's business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-length transaction.

  • Citibank and Affiliates With respect to its Commitment, the Advances made by it and the Note issued to it, Citibank shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not the Agent; and the term "Lender" or "Lenders" shall, unless otherwise expressly indicated, include Citibank in its individual capacity. Citibank and its Affiliates may accept deposits from, lend money to, act as trustee under indentures of, accept investment banking engagements from and generally engage in any kind of business with, the Borrower, any of its Subsidiaries and any Person who may do business with or own securities of the Borrower or any such Subsidiary, all as if Citibank were not the Agent and without any duty to account therefor to the Lenders.

  • Affiliates and Third Parties If the Asset Representations Reviewer processes the PII of the Issuer’s Affiliates or a third party when performing a Review, and if such Affiliate or third party is identified to the Asset Representations Reviewer, such Affiliate or third party is an intended third-party beneficiary of this Section 4.10, and this Agreement is intended to benefit the Affiliate or third party. The Affiliate or third party may enforce the PII related terms of this Section 4.10 against the Asset Representations Reviewer as if each were a signatory to this Agreement.

  • Subsidiaries and Affiliates of Borrower To the extent the context of any provisions of this Agreement makes it appropriate, including without limitation any representation, warranty or covenant, the word "Borrower" as used in this Agreement shall include all of Borrower's subsidiaries and affiliates. Notwithstanding the foregoing however, under no circumstances shall this Agreement be construed to require Lender to make any Loan or other financial accommodation to any of Borrower's subsidiaries or affiliates.

  • Transactions with Shareholders and Affiliates No Credit Party shall, nor shall it permit any of its Subsidiaries to, directly or indirectly, enter into or permit to exist any transaction (including the purchase, sale, lease or exchange of any property or the rendering of any service) with any holder of 5% or more of any class of Capital Stock of Holdings or any of its Subsidiaries or with any Affiliate of Holdings or of any such holder, on terms that are less favorable to Holdings or that Subsidiary, as the case may be, than those that might be obtained at the time from a Person who is not such a holder or Affiliate; provided, the foregoing restriction shall not apply to (a) any transaction between Company and any Guarantor Subsidiary; (b) reasonable and customary fees paid to members of the board of directors (or similar governing body) of Holdings and its Subsidiaries; (c) compensation arrangements for officers and other employees of Holdings and its Subsidiaries entered into in the ordinary course of business; and (d) transactions described in Schedule 6.12.

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