Common use of The Rights Agent Clause in Contracts

The Rights Agent. (a) The Corporation hereby appoints the Rights Agent to act as agent for the Corporation in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Corporation may from time to time appoint such co-Rights Agents ("Co-Rights Agents") as it may deem necessary or desirable, subject to the consent of the Rights Agent. In the event the Corporation appoints one or more Co-Rights Agents, the respective duties of the Rights Agent and Co-Rights Agents shall be as the Corporation may determine with the approval of the Rights Agent and the Co-Rights Agent. The Corporation agrees to pay to the Rights Agent reasonable compensation for all services rendered by it hereunder and, from time to time, on demand of the Rights Agent, its reasonable expenses and counsel fees and other disbursements incurred in the administration and execution of this Agreement and the exercise and performance of its duties hereunder (including the fees and disbursements of any expert or advisor retained by the Rights Agent). The Corporation also agrees to indemnify the Rights Agent, and its officers, directors, employees and agents for, and to hold it and them harmless against, any loss, liability or expense, incurred without gross negligence, bad faith or wilful misconduct on the part of the Rights Agent or such persons, for anything done or omitted by the Rights Agent or such persons in connection with the acceptance and administration of this Agreement, including legal costs and expenses, which right to indemnification will survive the termination of this Agreement and the resignation or removal of the Rights Agent.

The Rights Agent. (a) The Corporation hereby appoints the Rights Agent to act as agent for the Corporation and the holders of Rights in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Corporation may from time to time appoint such one or more co-Rights Agents rights agents ("each a “Co-Rights Agents"Agent”) as it may deem necessary or desirable, subject to the consent approval of the Rights Agent. In the event the Corporation appoints one or more Co-Rights Agents, the respective duties of the Rights Agent and Co-Rights Agents shall be as the Corporation may determine with the approval of the Rights Agent and the Co-Rights AgentAgents. The Corporation agrees to pay to the Rights Agent reasonable compensation for all services rendered by it hereunder and, from time to time, on demand of the Rights Agent, its reasonable expenses and counsel fees and other disbursements reasonably incurred in the execution and administration and execution of this Agreement and the exercise and performance of its duties hereunder (including the reasonable fees and other disbursements of any expert or advisor retained by the Rights AgentAgent with the approval of the Corporation, such approval not to be unreasonably withheld). The Corporation also agrees to indemnify the Rights Agent, and its officers, directors, employees and agents for, and to hold it and them harmless against, any loss, liability liability, cost, claim, action, suit, damage or expense, incurred without gross negligence, bad faith or wilful misconduct on the part of the Rights Agent or such personsAgent, for anything done done, suffered or omitted by the Rights Agent or such persons in connection with the acceptance acceptance, execution and administration of this AgreementAgreement and the exercise and performance of its duties hereunder, including the legal costs and expensesexpenses of defending against any claim of liability, which right to indemnification will survive the termination of this Agreement and the resignation or removal of the Rights Agent.

The Rights Agent. (a) The Corporation hereby appoints the Rights Agent to act as agent for the Corporation and the Holders of the Rights in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Corporation may from time to time appoint such one or more co-Rights Agents rights agents ("Co-“Co- Rights Agents"”) as it may deem necessary or desirable, subject to the consent prior written approval of the Rights Agent. In the event the Corporation appoints one or more Co-Rights Agents, the respective duties of the Rights Agent and Co-Rights Agents shall be as the Corporation may determine with the written approval of the Rights Agent and the Co-Rights AgentAgents. The Corporation agrees to pay to the Rights Agent reasonable compensation for all services rendered by it hereunder and, from time to time, on demand of the Rights Agent, its reasonable expenses and counsel fees and other disbursements incurred in the administration and execution of this Agreement and the exercise and performance of its duties hereunder (including the reasonable fees and disbursements of any expert or advisor retained by the Rights AgentAgent with the prior approval of the Corporation). The Corporation also agrees to indemnify the Rights Agent, Agent and its directors, officers, directors, employees and agents for, and to hold it and them harmless against, any loss, liability liability, cost, claim, action, damage, suit or expense, incurred without gross negligence, bad faith or wilful misconduct on the part of the Rights Agent or such personsAgent, its officers, directors, employees and agents, for anything done done, suffered or omitted by the Rights Agent or such persons in connection with the acceptance acceptance, execution and administration of this AgreementAgreement and the exercise and performance of its duties hereunder, including legal the costs and expensesexpenses of defending against any claim of liability, which right to indemnification will survive the termination of this Agreement and on the resignation or removal of the Rights Agent. In the event of any disagreement arising regarding the terms of this Agreement, the Rights Agent shall be entitled, at its option, to refuse to comply with any and all demands whatsoever until the dispute is settled either by written agreement between the parties to this Agreement or by a court of competent jurisdiction.

The Rights Agent. (a) The Corporation Company hereby appoints the Rights Agent to act as agent for the Corporation Company and the holders of the Rights in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Corporation Company may from time to time appoint such co-Rights Agents ("“Co-Rights Agents"”) as it may deem necessary or desirable, desirable subject to the consent approval of the Rights Agent. In the event the Corporation Company appoints one or more Co-Rights Agents, the respective duties of the Rights Agent and Co-Rights Agents shall be as the Corporation Company may determine with the approval of the Rights Agent and the Co-Rights Agent. The Corporation Company agrees to pay to the Rights Agent reasonable compensation for all services rendered by it hereunder and, from time to time, on demand of the Rights Agent, its reasonable expenses and counsel fees and other disbursements incurred in the administration and execution of this Agreement and the exercise and performance of its duties hereunder (including the fees and disbursements of any expert or advisor retained by the Rights Agent). The Corporation Company also agrees to indemnify the Rights Agent, and its officers, directors, employees and agents for, and to hold it and them harmless against, any loss, liability or expense, incurred without gross negligence, bad faith or wilful misconduct on the part of the Rights Agent or such persons, for anything done or omitted by the Rights Agent or such persons in connection with the acceptance and administration of this Agreement, including legal costs and expenses, which right to indemnification will survive the termination of this Agreement and the resignation or removal of the Rights Agent.

The Rights Agent. (a) 4.1.1 The Corporation hereby appoints the Rights Agent to act as agent for the Corporation and the holders of the Rights in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Corporation may from time to time appoint such co-Rights Agents rights agents ("“Co-Rights Agents"”) as it may deem necessary or desirable, subject to the consent approval of the Rights Agent. In the event If the Corporation appoints one or more Co-Rights Agents, the respective duties of the Rights Agent and Co-Rights Agents shall be as the Corporation may determine with the approval of the Rights Agent and the Co-Rights Agent. The Corporation agrees to pay to the Rights Agent reasonable compensation for all services rendered by it hereunder and, from time to time, on demand of the Rights Agent, its reasonable expenses and counsel fees and other disbursements reasonably incurred in the administration and execution of this Agreement and the exercise and performance of its duties hereunder (including the reasonable fees and other disbursements of any expert or advisor retained by the Rights AgentAgent with the approval of the Corporation, such approval not to be unreasonably withheld). The Corporation also agrees to indemnify the Rights Agent, and its officers, directors, employees and agents Agent for, and to hold it and them harmless against, any loss, liability liability, or expense, incurred without gross negligence, bad faith or wilful misconduct on the part of the Rights Agent or such personsAgent, for anything done or omitted by the Rights Agent or such persons in connection with the acceptance and administration of this Agreement, including legal the reasonable costs and expensesexpenses of defending against any claim of liability, which right to indemnification will survive the termination of this Agreement and or the resignation or removal of the Rights Agent.

The Rights Agent. (a) The Corporation Company hereby appoints the Rights Agent to act as agent for the Corporation Company and the holders of the Rights in accordance with the terms and conditions hereof, and the Rights Agent hereby xxxxxx accepts such appointment. The Corporation Company may from time to time appoint such co-Rights Agents ("“Co-Rights Agents"”) as it may deem necessary or desirable, desirable subject to the consent approval of the Rights Agent. In the event the Corporation Company appoints one or more Co-Rights Agents, the respective duties of the Rights Agent and Co-Rights Agents shall be as the Corporation Company may determine with the approval of the Rights Agent and the Co-Rights Agent. The Corporation Company agrees to pay to the Rights Agent reasonable compensation for all services rendered by it hereunder and, from time to time, on demand of the Rights Agent, its reasonable expenses and counsel fees and other disbursements incurred in the administration and execution of this Agreement and the exercise and performance of its duties hereunder (including the fees and disbursements of any expert or advisor retained by the Rights Agent). The Corporation Company also agrees to indemnify the Rights Agent, and its officers, directors, employees and agents for, and to hold it and them harmless against, any loss, liability or expense, incurred without gross negligence, bad faith or wilful misconduct on the part of the Rights Agent or such persons, for anything done or omitted by the Rights Agent or such persons in connection with the acceptance and administration of this Agreement, including legal costs and expenses, which right to indemnification will survive the termination of this Agreement and the resignation or removal of the Rights Agent.

The Rights Agent. (a) The Corporation Trust hereby appoints the Rights Agent to act as agent for the Corporation Trust and the holders of Rights in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Corporation Trust may from time to time appoint such co-Rights Agents rights agents ("the “Co-Rights Agents"”) as it may deem necessary or desirable, subject to the consent of the Rights Agent, acting reasonably. In the event the Corporation Trust appoints one or more Co-Rights Agents, the respective duties of the Rights Agent and Co-Rights Agents shall be as the Corporation Trust may determine with the approval of the Rights Agent and the Co-Rights Agent. The Corporation Trust agrees to pay to the Rights Agent reasonable compensation for all services rendered by it hereunder and, from time to time, on demand of the Rights Agent, its reasonable expenses and counsel fees and other disbursements reasonably incurred in the execution and administration and execution of this Agreement and the exercise and performance of its duties hereunder (including the reasonable fees and disbursements of any expert or advisor retained by the Rights AgentAgent with the approval of the Trust, such approval not to be unreasonably withheld). The Corporation Trust also agrees to indemnify the Rights Agent, and its officers, directors, officers and employees and agents for, and to hold it and them harmless against, any loss, liability or expense, incurred without gross negligence, bad faith or wilful misconduct on the part of the Rights Agent or such personsits directors, officers and employees for anything done or omitted by the Rights Agent or such persons in connection with the acceptance and administration of this Agreement, including legal the costs and expensesexpenses of defending against any claim of liability, which right to indemnification will survive the termination of this Agreement and or the resignation or removal of the Rights Agent.

The Rights Agent. (a) The Corporation Company hereby appoints the Rights Agent to act as agent for the Corporation Company in accordance with the terms and conditions hereof, and the Rights Agent hereby xxxxxx accepts such appointment. The Corporation Company may from time to time appoint such co-Rights Agents ("“Co-Rights Agents"”) as it may deem necessary or desirable, subject to the consent of the Rights Agent. In the event the Corporation Company appoints one or more Co-Rights Agents, the respective duties of the Rights Agent and Co-Rights Agents shall be as the Corporation Company may determine with the approval of the Rights Agent and the Co-Rights Agent. The Corporation Company agrees to pay to the Rights Agent reasonable compensation for all services rendered by it hereunder and, from time to time, on demand of the Rights Agent, its reasonable expenses and counsel fees and other disbursements incurred in the administration and execution of this Agreement and the exercise and performance of its duties hereunder (including the fees and disbursements of any expert or advisor retained by the Rights Agent). The Corporation Company also agrees to indemnify the Rights Agent, and its officers, directors, employees and agents for, and to hold it and them harmless against, any loss, liability or expense, incurred without gross negligence, bad faith or wilful misconduct on the part of the Rights Agent or such persons, for anything done or omitted by the Rights Agent or such persons in connection with the acceptance and administration of this Agreement, including legal costs and expenses, which right to indemnification will survive the termination of this Agreement and andor the resignation or removal of the Rights Agent.

The Rights Agent. (a) The Corporation hereby appoints the Rights Agent to act as agent for the Corporation and the holders of Rights in accordance with the terms and conditions hereof, and the Rights Agent hereby xxxxxx accepts such appointment. The Corporation may from time to time appoint such co-Rights Agents rights agents ("“Co-Rights Agents"”) as it may deem necessary or desirable, subject to the consent of the Rights Agent. In the event the Corporation appoints wishes to appoint one or more Co-Rights Agents, it shall provide reasonable notice of such appointment to the Rights Agent and the respective duties of the Rights Agent and Co-Rights Agents shall be as the Corporation may determine with the approval consent of the Rights Agent (and the Co-Rights Agent). The Corporation agrees to pay to the Rights Agent reasonable compensation for all services rendered by it hereunder and, from time to time, time on demand of the Rights Agent, its reasonable expenses and counsel fees and other disbursements reasonably incurred in the administration and execution of this Agreement and the exercise and performance of its duties hereunder (including the fees and disbursements of any expert or advisor retained by the Rights Agent)hereunder. The Corporation also agrees to indemnify the Rights Agent, Agent and its officers, directors, directors and employees and agents for, and to hold it and them harmless against, any loss, liability liability, or expense, incurred without gross negligence, bad faith or wilful misconduct on the part of the Rights Agent or such personsAgent, for anything done or omitted by the Rights Agent or such persons in connection with the acceptance and administration of this Agreement, including legal the reasonable costs and expensesexpenses of defending against any claim of liability, which right to indemnification will survive the termination of this Agreement and the resignation or removal of the Rights AgentAgent or the termination of this Agreement.

The Rights Agent. (a) The Corporation Company hereby appoints the Rights Agent to act as agent for the Corporation Company in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Corporation Company may from time to time appoint such co-Rights Agents ("“Co-Rights Agents"”) as it may deem necessary or desirable, subject to the consent of the Rights Agent. In the event the Corporation Company appoints one or more Co-Rights Agents, the respective duties of the Rights Agent and Co-Rights Agents shall be as the Corporation Company may determine with the approval of the Rights Agent and the Co-Rights Agent. The Corporation Company agrees to pay to the Rights Agent reasonable compensation for all services rendered by it hereunder and, from time to time, on demand of the Rights Agent, its reasonable expenses and counsel fees and other disbursements incurred in the administration and execution of this Agreement and the exercise and performance of its duties hereunder (including the fees and disbursements of any expert or advisor retained by the Rights Agent). The Corporation Company also agrees to indemnify the Rights Agent, and its officers, directors, employees and agents for, and to hold it and them harmless against, any loss, liability or expense, incurred without gross negligence, bad faith or wilful misconduct on the part of the Rights Agent or such persons, for anything done or omitted by the Rights Agent or such persons in connection with the acceptance and administration of this Agreement, including legal costs and expenses, which right to indemnification will survive the termination of this Agreement and andor the resignation or removal of the Rights Agent.

The Rights Agent. (a) The Corporation REIT hereby appoints the Rights Agent to act as agent for the Corporation REIT and the holders of Rights in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Corporation REIT may from time to time appoint such one or more co-Rights Agents ("Co-Rights Agents") rights agents as it may deem necessary or desirable, subject to the consent approval of the Rights Agent. In the event the Corporation REIT appoints one or more Coco-Rights Agentsrights agents, the respective duties of the Rights Agent and Co-Rights Agents co- rights agents shall be as the Corporation REIT may determine determine, with the approval prior consent of the Rights Agent co-rights agents and the Co-Rights Agent. The Corporation agrees to pay to the Rights Agent reasonable compensation for all services rendered by it hereunder and, from time to time, on demand of the Rights Agent, its reasonable expenses and counsel fees and other disbursements incurred in the administration and execution of this Agreement and the exercise and performance of its duties hereunder (including the fees and disbursements of any expert or advisor retained by the Rights Agent). The Corporation REIT also agrees to indemnify the Rights Agent, and its officers, directors, affiliates, agents and employees and agents for, and to hold it and them harmless against, any loss, liability or expense, incurred without gross negligence, bad faith or wilful misconduct on the part of the Rights Agent or such personsAgent, its officers, directors, affiliates, agents and employees for anything done or omitted by the Rights Agent or such persons in connection with the acceptance and administration of this Agreement, including legal costs and expenses, which right to indemnification will survive the termination of this Agreement and or the resignation or removal of the Rights Agent. In no event will the Rights Agent be liable for special, indirect, consequential, exemplary or punitive losses or damages of any kind whatsoever (including but not limited to lost profits), even if the Rights Agent has been advised of the possibility of such damages. Any liability of the Rights Agent will be limited in the aggregate to an amount equal to the fee paid by the REIT pursuant to this Agreement.

The Rights Agent. (a) The Corporation hereby appoints the Rights Agent to act as agent for the Corporation and the holder of Rights in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Corporation may from time to time appoint such coone or more Co-Rights Agents ("“Co-Rights Agents"”) as it may deem necessary or desirable, subject to the consent of after consultation with the Rights Agent. In the event the Corporation appoints one or more Co-Rights Agents, the respective duties of the Rights Agent Agents and Co-Rights Agents shall be as the Corporation may determine with the approval of the Rights Agent and the Co-Co- Rights AgentAgents. The Corporation agrees to pay to the Rights Agent reasonable compensation for all services rendered by it hereunder and, from time to time, on demand of the Rights Agent, its reasonable and documented fees and expenses (including reasonable and documented counsel fees and other disbursements disbursements) incurred in the administration and execution of this Agreement and the exercise and performance of its duties hereunder (including the fees and disbursements of any expert or advisor retained by the Rights Agent)hereunder. The Corporation also agrees to indemnify the Rights Agent, and its officers, directors, directors and employees and agents for, and to hold it and them harmless against, any loss, liability or expenseexpense arising out of its relationship with the Corporation pursuant to the terms and conditions of this Agreement, incurred without gross negligence, bad faith or wilful misconduct on the part of the Rights Agent or such personsits directors, officers, employees or agents, for anything done or omitted by the Rights Agent or such persons in connection with the acceptance and administration of this Agreement, including reasonable and documented legal costs and expenses, which right to indemnification will survive the termination of this Agreement and the resignation or removal of the Rights Agent.

The Rights Agent. (a) The Corporation hereby appoints the Rights Agent to act as agent for the Corporation in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Corporation may from time to time appoint such co-Rights Agents ("Co-Rights Agents") as it may deem necessary or desirable, subject to the consent of the Rights Agent. In the event the Corporation appoints one or more Co-Rights Agents, the respective duties of the Rights Agent and Co-Rights Agents shall be as the Corporation may determine with the approval of the Rights Agent and the Co-Rights Agent. The Corporation Company agrees to pay to the Rights Agent reasonable compensation for all services rendered by it hereunder and, from time to time, on demand of the Rights Agent, its reasonable expenses and counsel fees and other disbursements incurred in the preparation, delivery, amendment, administration and execution of this Agreement and the exercise and performance of its duties hereunder (including the fees and disbursements of any expert or advisor retained by the Rights Agent)hereunder. The Corporation Company also agrees to indemnify the Rights Agent, and its officers, directors, employees and agents Agent for, and to hold it and them harmless against, any loss, liability liability, damage, judgment, fine, penalty, claim, demand, settlement, cost or expenseexpense (including, without limitation, the reasonable fees and expenses of legal counsel), incurred without gross negligence, bad faith or wilful willful misconduct on the part of the Rights Agent (which gross negligence, bad faith or such personswillful misconduct must be determined by a final, non-appealable order, judgment, decree or ruling of a court of competent jurisdiction), for anything done done, suffered or omitted by the Rights Agent or such persons in connection with the acceptance acceptance, administration, exercise and administration performance of its duties under this Agreement. The costs and expenses incurred in enforcing this right of indemnification shall be paid by the Company. The provisions of this Agreement, including legal costs Section 18 and expenses, which right to indemnification will Section 20 below shall survive the termination of this Agreement Agreement, the exercise or expiration of the Rights and the resignation resignation, replacement or removal of the Rights Agent. Anything to the contrary notwithstanding, in no event will the Rights Agent be liable for special, punitive, indirect, incidental or consequential loss or damage of any kind whatsoever (including but not limited to lost profits), even if the Rights Agent has been advised of the possibility of such loss or damage. Any liability of the Rights Agent under this Agreement will be limited to the amount of annual fees paid by the Company to the Rights Agent.

The Rights Agent. (a) The Corporation REIT hereby appoints the Rights Agent to act as agent for the Corporation REIT and the holders of Rights in accordance with the terms and conditions hereof, and the Rights Agent hereby xxxxxx accepts such appointment. The Corporation REIT may from time to time appoint such one or more co-Rights Agents ("Co-Rights Agents") rights agents as it may deem necessary or desirable, subject to the consent approval of the Rights Agent. In the event the Corporation REIT appoints one or more Coco-Rights Agentsrights agents, the respective duties of the Rights Agent and Co-Rights Agents co- rights agents shall be as the Corporation REIT may determine determine, with the approval prior consent of the Rights Agent co-rights agents and the Co-Rights Agent. The Corporation agrees to pay to the Rights Agent reasonable compensation for all services rendered by it hereunder and, from time to time, on demand of the Rights Agent, its reasonable expenses and counsel fees and other disbursements incurred in the administration and execution of this Agreement and the exercise and performance of its duties hereunder (including the fees and disbursements of any expert or advisor retained by the Rights Agent). The Corporation REIT also agrees to indemnify the Rights Agent, and its officers, directors, affiliates, agents and employees and agents for, and to hold it and them harmless against, any loss, liability or expense, incurred without gross negligence, bad faith or wilful misconduct on the part of the Rights Agent or such personsAgent, its officers, directors, affiliates, agents and employees for anything done or omitted by the Rights Agent or such persons in connection with the acceptance and administration of this Agreement, including legal costs and expenses, which right to indemnification will survive the termination of this Agreement and or the resignation or removal of the Rights Agent. In no event will the Rights Agent be liable for special, indirect, consequential, exemplary or punitive losses or damages of any kind whatsoever (including but not limited to lost profits), even if the Rights Agent has been advised of the possibility of such damages. Any liability of the Rights Agent will be limited in the aggregate to an amount equal to the fee paid by the REIT pursuant to this Agreement.

The Rights Agent. (a) The Corporation REIT hereby appoints the Rights Agent to act as agent for the Corporation REIT and the holders of Rights in accordance with the terms and conditions hereof, and the Rights Agent hereby xxxxxx accepts such appointment. The Corporation REIT may from time to time appoint such one or more co-Rights Agents ("Co-Rights Agents") rights agents as it may deem necessary or desirable, subject to the consent approval of the Rights Agent. In the event the Corporation REIT appoints one or more Coco-Rights Agentsrights agents, the respective duties of the Rights Agent and Coco-Rights Agents rights agents shall be as the Corporation REIT may determine determine, with the approval prior consent of the Rights Agent co-rights agents and the Co-Rights Agent. The Corporation agrees to pay to the Rights Agent reasonable compensation for all services rendered by it hereunder and, from time to time, on demand of the Rights Agent, its reasonable expenses and counsel fees and other disbursements incurred in the administration and execution of this Agreement and the exercise and performance of its duties hereunder (including the fees and disbursements of any expert or advisor retained by the Rights Agent). The Corporation REIT also agrees to indemnify the Rights Agent, and its officers, directors, affiliates, agents and employees and agents for, and to hold it and them harmless against, any loss, liability or expense, incurred without gross negligence, bad faith or wilful misconduct on the part of the Rights Agent or such personsAgent, its officers, directors, affiliates, agents and employees for anything done or omitted by the Rights Agent or such persons in connection with the acceptance and administration of this Agreement, including legal costs and expenses, which right to indemnification will survive the termination of this Agreement and or the resignation or removal of the Rights Agent. In no event will the Rights Agent be liable for special, indirect, consequential, exemplary or punitive losses or damages of any kind whatsoever (including but not limited to lost profits), even if the Rights Agent has been advised of the possibility of such damages. Any liability of the Rights Agent will be limited in the aggregate to an amount equal to the fee paid by the REIT pursuant to this Agreement.