Common use of Administration of the Company Clause in Contracts

Administration of the Company. 4.1 Form-A-Co will not be liable for any failure on its part to comply wholly or partly with any instruction, request or advice which is not in writing and shall not be responsible for any non-receipt thereof or any errors or ambiguity therein or any lack of authority on the part of the person giving or making the same. 4.2 Form-A-Co will be entitled to comply with all legal requirements to disclose information relating to the Client and/or the Company at the request of judicial, governmental and administrative or regulatory bodies in Gibraltar or elsewhere. 4.3 Form-A-Co undertakes to use all reasonable endeavours to keep confidential information belonging to the Client and the Company. Form-A-Co, however, reserves the right to act for other clients notwithstanding the fact that other clients may be competitors of either the Client or the Company. 4.4 In providing the Services, Form-A-Co may share information concerning the Client and/or the Company and its business activities with other firms or companies associated with Form-A-Co, its auditors and its legal advisors and the Client consents to the Form-A-Co making such disclosures. 4.5 Nothing in this Agreement shall be construed as requiring Form-A-Co to take any legal action in regard to the affairs of the Client, the Company or otherwise while any decision whether to take any such legal action will at all times remain in the absolute discretion of Form-A-Co. Form-A-Co will take no such legal action unless fully indemnified to its reasonable satisfaction in respect of all costs and liabilities that may be incurred by Form-A- Co or suffered by it in respect of such action. If the Client requires Form-A-Co to take any action of whatsoever nature which in the reasonable opinion of Form-A-Co might make it liable for the payment of money or liable in any other way it shall be and be kept indemnified in any reasonable amount and form satisfactory to it as a pre-requisite to taking such action. Notwithstanding the above, Form-A-Co shall have the right to take any positive actions it regards as reasonable to protect its own position and the position of the Company. 4.6 In the event that: 4.6.1 any demand is made against the Company for payment of any sum due either to Form-A-Co or to a third party, including but not limited to any taxes, duties, fees or other governmental or state impositions and such payment has not been made; or 4.6.2 Form-A-Co requires assistance or information from the Client and has been unable to obtain such information or assistance which in its absolute discretion it considers necessary; or 4.6.3 the Client breaches any of the undertakings given in this Agreement; THEN Form-A-Co may proceed in any one or more of the following ways:- • take no further action on a particular matter or; • take no further action at all in relation to the Company or; • utilise any assets of the Company in or towards the satisfaction of any such demand; • realise any assets and advance or otherwise distribute the assets and any funds to any or all beneficial owners, and to commence proceedings to wind up the Company; • take whatever other action Form-A-Co regards as reasonable and necessary to protect its own position and, or the position of the Company, provided that Form-A-Co shall have given notice to the Client that the provisions of this Clause shall apply and within the period stated in such notice the Client has failed to take such action as shall therein be specified. No liability shall attach Form- A-Co in respect of or arising out of any action or inaction which is in accordance with the provisions of this Clause. 4.7 Form-A-Co may at its discretion:- 4.7.1 decline to accept or retain partly paid shares or shares in any company with unlimited liability; 4.7.2 decline to accept or retain shares in any company that appears to be insolvent; 4.7.3 decline to participate through the Company, or any Trust established for the Client, in any other investment which Form-A-Co does not consider appropriate; 4.7.4 decline to accept or act upon, any instruction that Form-A-Co considers inappropriate.

Administration of the Company. 4.1 Form-A-Co will not be liable for any failure on its part to comply wholly or partly with any instruction, request or advice which is not in writing and shall not be responsible for any non-non- receipt thereof or any errors or ambiguity therein or any lack of authority on the part of the person giving or making the same. 4.2 Form-A-Co will be entitled to comply with all legal requirements to disclose information relating to the Client and/or the Company at the request of judicial, governmental and administrative or regulatory bodies in Gibraltar or elsewhere. 4.3 Form-A-Co undertakes to use all reasonable endeavours to keep confidential information belonging to the Client and the Company. Form-A-Co, however, reserves the right to act for other clients notwithstanding the fact that other clients may be competitors of either the Client or the Company. 4.4 In providing the Services, Form-A-Co may share information concerning the Client and/or the Company and its business activities with other firms or companies associated with Form-A-Co, its auditors and its legal advisors and the Client consents to the Form-A-Co making such disclosures. 4.5 Nothing in this Agreement shall be construed as requiring Form-A-Co to take any legal action in regard to the affairs of the Client, the Company or otherwise while any decision whether to take any such legal action will at all times remain in the absolute discretion of Form-A-Co. Form-A-Co will take no such legal action unless fully indemnified to its reasonable satisfaction in respect of all costs and liabilities that may be incurred by Form-A- A-Co or suffered by it in respect of such action. If the Client requires Form-A-Co to take any action of whatsoever nature which in the reasonable opinion of Form-A-Co might make it liable for the payment of money or liable in any other way it shall be and be kept indemnified in any reasonable amount and form satisfactory to it as a pre-requisite to taking such action. Notwithstanding the above, Form-A-Co shall have the right to take any positive actions it regards as reasonable to protect its own position and the position of the Company. 4.6 In the event that: 4.6.1 any demand is made against the Company for payment of any sum due either to Form-Form- A-Co or to a third party, including but not limited to any taxes, duties, fees or other governmental or state impositions and such payment has not been made; or 4.6.2 Form-A-Co requires assistance or information from the Client and has been unable to obtain such information or assistance which in its absolute discretion it considers necessary; or 4.6.3 the Client breaches any of the undertakings given in this Agreement; THEN Form-A-Co may proceed in any one or more of the following ways:- •  take no further action on a particular matter or; •  take no further action at all in relation to the Company or; • utilise any assets of the Company in or towards the satisfaction of any such demand; • realise any assets and advance or otherwise distribute the assets and any funds to any or all beneficial owners, and to commence proceedings to wind up the Company; •  take whatever other action Form-A-Co regards as reasonable and necessary to protect its own position and, or the position of the Company, provided that Form-A-Co shall have given notice to the Client that the provisions of this Clause shall apply and within the period stated in such notice the Client has failed to take such action as shall therein be specified. No liability shall attach Form- Form-A-Co in respect of or arising out of any action or inaction which is in accordance with the provisions of this Clause. 4.7 Form-A-Co may at its discretion:- 4.7.1 decline to accept or retain partly paid shares or shares in any company with unlimited liability; 4.7.2 decline to accept or retain shares in any company that appears to be insolvent; 4.7.3 decline to participate through the Company, or any Trust established for the Client, in any other investment which Form-A-Co does not consider appropriate; 4.7.4 decline to accept or act upon, any instruction that Form-A-Co considers inappropriate.

Administration of the Company. 4.1 Form-A-Co will not be liable for any failure on its part to comply wholly or partly with any instruction, request or advice which is not in writing and shall not be responsible for any non-receipt thereof or any errors or ambiguity therein or any lack of authority on the part of the person giving or making the same. 4.2 Form-A-Co will be entitled to comply with all legal requirements to disclose information relating to the Client and/or the Company at the request of judicial, governmental and administrative or regulatory bodies in Gibraltar or elsewhere. 4.3 Form-A-Co undertakes to use all reasonable endeavours to keep confidential information belonging to the Client and the Company. Form-A-Co, however, reserves the right to act for other clients notwithstanding the fact that other clients may be competitors of either the Client or the Company. 4.4 In providing the Services, Form-A-Co may share information concerning the Client and/or the Company and its business activities with other firms or companies associated with Form-A-Co, its auditors and its legal advisors and the Client consents to the Form-A-Co making such disclosures. 4.5 Nothing in this Agreement shall be construed as requiring Form-A-Co to take any legal action in regard to the affairs of the Client, the Company or otherwise while any decision whether to take any such legal action will at all times remain in the absolute discretion of Form-A-Co. Form-A-Co will take no such legal action unless fully indemnified to its reasonable satisfaction in respect of all costs and liabilities that may be incurred by Form-A- A-Co or suffered by it in respect of such action. If the Client requires Form-A-Co to take any action of whatsoever nature which in the reasonable opinion of Form-A-Co might make it liable for the payment of money or liable in any other way it shall be and be kept indemnified in any reasonable amount and form satisfactory to it as a pre-requisite to taking such action. Notwithstanding the above, Form-A-Co shall have the right to take any positive actions it regards as reasonable to protect its own position and the position of the Company. 4.6 In the event that: 4.6.1 any demand is made against the Company for payment of any sum due either to Form-A-Co or to a third party, including but not limited to any taxes, duties, fees or other governmental or state impositions and such payment has not been made; or 4.6.2 Form-A-Co requires assistance or information from the Client and has been unable to obtain such information or assistance which in its absolute discretion it considers necessary; or 4.6.3 the Client breaches any of the undertakings given in this Agreement; THEN Form-A-Co may proceed in any one or more of the following ways:- • take no further action on a particular matter or; • take no further action at all in relation to the Company or; • utilise any assets of the Company in or towards the satisfaction of any such demand; • realise any assets and advance or otherwise distribute the assets and any funds to any or all beneficial owners, and to commence proceedings to wind up the Company; • take whatever other action Form-A-Co regards as reasonable and necessary to protect its own position and, or the position of the Company, provided that Form-A-Co shall have given notice to the Client that the provisions of this Clause shall apply and within the period stated in such notice the Client has failed to take such action as shall therein be specified. No liability shall attach Form- Form-A-Co in respect of or arising out of any action or inaction which is in accordance with the provisions of this Clause. 4.7 Form-A-Co may at its discretion:- 4.7.1 decline to accept or retain partly paid shares or shares in any company with unlimited liability; 4.7.2 decline to accept or retain shares in any company that appears to be insolvent; 4.7.3 decline to participate through the Company, or any Trust established for the Client, in any other investment which Form-A-Co does not consider appropriate; 4.7.4 decline to accept or act upon, any instruction that Form-A-Co considers inappropriate.

Administration of the Company. 4.1 Form-A-Co will not be liable for any failure on its part to comply wholly or partly with any instruction, request or advice which is not in writing and shall not be responsible for any non-receipt thereof or any errors or ambiguity therein or any lack of authority on the part of the person giving or making the same. 4.2 Form-A-Co will be entitled to comply with all legal requirements to disclose information relating to the Client and/or the Company at the request of judicial, governmental and administrative or regulatory bodies in Gibraltar or elsewhere. 4.3 Form-A-Co undertakes to use all reasonable endeavours to keep confidential information belonging to the Client and the Company. Form-A-Co, however, reserves the right to act for other clients notwithstanding the fact that other clients may be competitors of either the Client or the Company. 4.4 In providing the Services, Form-A-Co may share information concerning the Client and/or the Company and its business activities with other firms or companies associated with Form-A-Co, its auditors and its legal advisors and the Client consents to the Form-A-Co making such disclosures. 4.5 Nothing in this Agreement shall be construed as requiring Form-A-Co to take any legal action in regard to the affairs of the Client, the Company or otherwise while any decision whether to take any such legal action will at all times remain in the absolute discretion of Form-A-Co. Form-A-Co will take no such legal action unless fully indemnified to its reasonable satisfaction in respect of all costs and liabilities that may be incurred by Form-A- A-Co or suffered by it in respect of such action. If the Client requires Form-A-Co to take any action of whatsoever nature which in the reasonable opinion of Form-A-Co might make it liable for the payment of money or liable in any other way it shall be and be kept indemnified in any reasonable amount and form satisfactory to it as a pre-requisite to taking such action. Notwithstanding the above, Form-A-Co shall have the right to take any positive actions it regards as reasonable to protect its own position and the position of the Company. 4.6 In the event that: 4.6.1 any demand is made against the Company for payment of any sum due either to Form-A-Co or to a third party, including but not limited to any taxes, duties, fees or other governmental or state impositions and such payment has not been made; or 4.6.2 Form-A-Co requires assistance or information from the Client and has been unable to obtain such information or assistance which in its absolute discretion it considers necessary; or 4.6.3 the Client breaches any of the undertakings given in this Agreement; THEN Form-A-Co may proceed in any one or more of the following ways:- •  take no further action on a particular matter or; •  take no further action at all in relation to the Company or; •  utilise any assets of the Company in or towards the satisfaction of any such demand; •  realise any assets and advance or otherwise distribute the assets and any funds to any or all beneficial owners, and to commence proceedings to wind up the Company; •  take whatever other action Form-A-Co regards as reasonable and necessary to protect its own position and, or the position of the Company, provided that Form-A-Co shall have given notice to the Client that the provisions of this Clause shall apply and within the period stated in such notice the Client has failed to take such action as shall therein be specified. No liability shall attach Form- Form-A-Co in respect of or arising out of any action or inaction which is in accordance with the provisions of this Clause. 4.7 Form-A-Co may at its discretion:- 4.7.1 decline to accept or retain partly paid shares or shares in any company with unlimited liability; 4.7.2 decline to accept or retain shares in any company that appears to be insolvent; 4.7.3 decline to participate through the Company, or any Trust established for the Client, in any other investment which Form-A-Co does not consider appropriate; 4.7.4 decline to accept or act upon, any instruction that Form-A-Co considers inappropriate.

Administration of the Company. 4.1 Form-A-Co will not be liable for any failure on its part to comply wholly or partly with any instruction, request or advice which is not in writing and shall not be responsible for any non-non- receipt thereof or any errors or ambiguity therein or any lack of authority on the part of the person giving or making the same. 4.2 Form-A-Co will be entitled to comply with all legal requirements to disclose information relating to the Client and/or the Company at the request of judicial, governmental and administrative or regulatory bodies in Gibraltar or elsewhere. 4.3 Form-A-Co undertakes to use all reasonable endeavours to keep confidential information belonging to the Client and the Company. Form-A-Co, however, reserves the right to act for other clients notwithstanding the fact that other clients may be competitors of either the Client or the Company. 4.4 In providing the Services, Form-A-Co may share information concerning the Client and/or the Company and its business activities with other firms or companies associated with Form-A-Co, its auditors and its legal advisors and the Client consents to the Form-A-Co making such disclosures. 4.5 Nothing in this Agreement shall be construed as requiring Form-A-Co to take any legal action in regard to the affairs of the Client, the Company or otherwise while any decision whether to take any such legal action will at all times remain in the absolute discretion of Form-A-Co. Form-A-Co will take no such legal action unless fully indemnified to its reasonable satisfaction in respect of all costs and liabilities that may be incurred by Form-A- A-Co or suffered by it in respect of such action. If the Client requires Form-A-Co to take any action of whatsoever nature which in the reasonable opinion of Form-A-Co might make it liable for the payment of money or liable in any other way it shall be and be kept indemnified in any reasonable amount and form satisfactory to it as a pre-requisite to taking such action. Notwithstanding the above, Form-A-Co shall have the right to take any positive actions it regards as reasonable to protect its own position and the position of the Company. 4.6 In the event that: 4.6.1 any demand is made against the Company for payment of any sum due either to Form-Form- A-Co or to a third party, including but not limited to any taxes, duties, fees or other governmental or state impositions and such payment has not been made; or 4.6.2 Form-A-Co requires assistance or information from the Client and has been unable to obtain such information or assistance which in its absolute discretion it considers necessary; or 4.6.3 the Client breaches any of the undertakings given in this Agreement; THEN Form-A-Co may proceed in any one or more of the following ways:- •  take no further action on a particular matter or; •  take no further action at all in relation to the Company or; •  utilise any assets of the Company in or towards the satisfaction of any such demand; •  realise any assets and advance or otherwise distribute the assets and any funds to any or all beneficial owners, and to commence proceedings to wind up the Company; •  take whatever other action Form-A-Co regards as reasonable and necessary to protect its own position and, or the position of the Company, provided that Form-A-Co shall have given notice to the Client that the provisions of this Clause shall apply and within the period stated in such notice the Client has failed to take such action as shall therein be specified. No liability shall attach Form- Form-A-Co in respect of or arising out of any action or inaction which is in accordance with the provisions of this Clause. 4.7 Form-A-Co may at its discretion:- 4.7.1 decline to accept or retain partly paid shares or shares in any company with unlimited liability; 4.7.2 decline to accept or retain shares in any company that appears to be insolvent; 4.7.3 decline to participate through the Company, or any Trust established for the Client, in any other investment which Form-A-Co does not consider appropriate; 4.7.4 decline to accept or act upon, any instruction that Form-A-Co considers inappropriate.

Administration of the Company. 4.1 Form-A-Co will not be liable for any failure on its part to comply wholly or partly with any instruction, request or advice which is not in writing and shall not be responsible for any non-non- receipt thereof or any errors or ambiguity therein or any lack of authority on the part of the person giving or making the same. 4.2 Form-A-Co will be entitled to comply with all legal requirements to disclose information relating to the Client and/or the Company at the request of judicial, governmental and administrative or regulatory bodies in Gibraltar or elsewhere. 4.3 Form-A-Co undertakes to use all reasonable endeavours to keep confidential information belonging to the Client and the Company. Form-A-Co, however, reserves the right to act for other clients notwithstanding the fact that other clients may be competitors of either the Client or the Company. 4.4 In providing the Services, Form-A-Co may share information concerning the Client and/or the Company and its business activities with other firms or companies associated with Form-A-Co, its auditors and its legal advisors and the Client consents to the Form-A-Co making such disclosures. 4.5 Nothing in this Agreement shall be construed as requiring Form-A-Co to take any legal action in regard to the affairs of the Client, the Company or otherwise while any decision whether to take any such legal action will at all times remain in the absolute discretion of Form-A-Co. Form-A-Co will take no such legal action unless fully indemnified to its reasonable satisfaction in respect of all costs and liabilities that may be incurred by Form-A- A-Co or suffered by it in respect of such action. If the Client requires Form-A-Co to take any action of whatsoever nature which in the reasonable opinion of Form-A-Co might make it liable for the payment of money or liable in any other way it shall be and be kept indemnified in any reasonable amount and form satisfactory to it as a pre-requisite to taking such action. Notwithstanding the above, Form-A-Co shall have the right to take any positive actions it regards as reasonable to protect its own position and the position of the Company. 4.6 In the event that: 4.6.1 any demand is made against the Company for payment of any sum due either to Form-Form- A-Co or to a third party, including but not limited to any taxes, duties, fees or other governmental or state impositions and such payment has not been made; or 4.6.2 Form-A-Co requires assistance or information from the Client and has been unable to obtain such information or assistance which in its absolute discretion it considers necessary; or 4.6.3 the Client breaches any of the undertakings given in this Agreement; THEN Form-A-Co may proceed in any one or more of the following ways:- • take no further action on a particular matter or; • take no further action at all in relation to the Company or; • utilise any assets of the Company in or towards the satisfaction of any such demand; • realise any assets and advance or otherwise distribute the assets and any funds to any or all beneficial owners, and to commence proceedings to wind up the Company; • take whatever other action Form-A-Co regards as reasonable and necessary to protect its own position and, or the position of the Company, provided that Form-A-A- Co shall have given notice to the Client that the provisions of this Clause shall apply and within the period stated in such notice the Client has failed to take such action as shall therein be specified. No liability shall attach Form- Form-A-Co in respect of or arising out of any action or inaction which is in accordance with the provisions of this Clause. 4.7 Form-A-Co may at its discretion:- 4.7.1 decline to accept or retain partly paid shares or shares in any company with unlimited liability; 4.7.2 decline to accept or retain shares in any company that appears to be insolvent; 4.7.3 decline to participate through the Company, or any Trust established for the Client, in any other investment which Form-A-Co does not consider appropriate; 4.7.4 decline to accept or act upon, any instruction that Form-A-Co considers inappropriate.