Advisers. The Borrower irrevocably authorises the Agent, at any time and from time to time during the Facility Period, to consult insurance advisers on any matters relating to the Insurances, and from time to time to consult or retain advisers or consultants to monitor or advise on any other claims relating to the Vessels. The Borrower will provide such advisers and consultants with all information and documents which they may from time to time reasonably require and will reimburse the Agent on demand for all reasonable costs and expenses incurred by the Agent in connection with the consultation or retention of such advisers or consultants.
Advisers. The Agent may retain and pay for the advice or services of any of the Advisers or any expert whose advice in its opinion is necessary or appropriate and rely upon any advice so obtained and shall not be liable to any of the parties hereto or to any of the Lenders for any of the consequences where such reliance is in good faith.
Advisers. (a) Following consultation with (or at the request of) the Borrower and with the prior approval of the Majority Lenders, the COFACE Agent may:
(i) to the extent it reasonably determines necessary, appoint additional advisers to act on behalf of the Finance Parties in relation to the Facility (provided that the Borrower has given its prior approval with respect to the amount of fees payable to any such additional adviser); and
(ii) if any Adviser resigns or its appointment otherwise ceases or is terminated, appoint a replacement Adviser if it reasonably determines that such replacement is necessary (provided that any fees payable to such replacement Adviser shall be substantially consistent with the fees paid to the resigning or terminated Adviser).
(b) The Borrower must pay to the COFACE Agent the amount of all out-of-pocket costs and expenses (including legal fees) reasonably incurred by the COFACE Agent in connection with any appointment under this Clause.
(c) If the Majority Lenders are unable to agree on the appointment of a replacement Adviser within 10 days of notification to them by the COFACE Agent of alternative advisers, the COFACE Agent may appoint any replacement Adviser as it thinks fit.
(d) The Borrower must co-operate in good faith with each Adviser. If the Borrower is required to supply any information to the COFACE Agent under this Agreement and the COFACE Agent so requests, the Borrower must supply a copy of that information to each Adviser.
(e) Subject to paragraph (a) above and Clause 18.5 (Limitation on reimbursement of advisers’ fees), the Borrower must pay to the COFACE Agent the amount of all fees, costs and expenses (including any value added tax) payable by the COFACE Agent to any Adviser.
Advisers. 25.1 The resignation or dismissal of an Adviser will be in accordance with its respective mandate.
25.2 Subject to the terms of the relevant mandate the Agent or the Arranger, as the case may be, will, if so instructed by the Majority Lenders cancel the appointment of an Adviser.
25.3 If the mandate of an Adviser is terminated prematurely for whatever reason, the Agent will, with the consent of the Majority Lenders and with the consent of the Borrower, appoint a successor at terms and conditions which are as similar to the terms and conditions on the initial mandate as is reasonably practical, and in such a manner that the duties of the relevant Adviser are continuously performed.
25.4 The Borrower hereby consents to the appointment of the Technical Adviser and the Wood Supply Adviser until six (6) months after Acceptance upon the expiry of its existing mandate.
Advisers. Caza has not retained nor will it retain any financial adviser, broker, agent or finder or paid or agreed to pay any financial advisor, broker, agent or finder on account of this Agreement, the Offer, any transaction contemplated hereby or any transaction presently ongoing or contemplated. Caza has delivered to the Offeror true and correct copies of all agreements between Caza and its financial adviser which could give rise to a payment of any fees to such financial advisor. Other than the foregoing, Caza has not incurred any obligation or liability, contingent or otherwise, for brokerage fees, finder’s fees, agents’ commission or other forms of compensation with respect to the transactions contemplated by this Agreement.
Advisers. Where this Agreement contemplates the doing of any act or thing by an Adviser, the Intercreditor Agent shall use its reasonable endeavours to ensure that such act or thing is done by such Adviser in a timely manner.
Advisers. The Borrower irrevocably authorises the Agent, at any time and from time to time during the Facility Period, to consult insurance advisers on any matters relating to the Insurances, including, without limitation, the collection of insurance claims, and from time to time to consult or retain advisers or consultants to monitor or advise on any other claims relating to the Vessels. Subject to such confidentiality agreements as the Borrower may reasonably require, the Borrower will provide such advisers and consultants with all information and documents which they may from time to time reasonably require and will reimburse the Agent on demand for all reasonable costs and expenses incurred by the Agent in connection with the consultation or retention of such advisers or consultants.
Advisers. 8.1 You will notify Us in a timely manner of any change to any of Your Advisers details. In particular You must notify Us if an Appointed Representative changes its name or address or ceases to be Your Appointed Representative. You must also notify Us if a new Appointed Representative is appointed.
8.2 Without limiting Your other obligations You will at all times be responsible for all Advisers and for procuring their compliance with this Agreement and all Applicable Standards, including but not limited to the advice given to Applicants about their application, and nothing in this Agreement will relieve You of any liability for the acts or omissions of any Advisers concerning the obligations contained in this Agreement.
Advisers. A Participant may arrange at its own expense for consultants or other technical personnel (Advisers) and up to two other persons (Observers) to be present at meetings of the Management Committee to assist its Representatives, or in the case of the Observers to observe but not participate in the meeting, provided that:
(a) the Participant must ensure that each Adviser and Observer is under a duty of confidentiality in relation to all information and materials to which the Adviser or Observer gains access as a consequence of the Adviser or Observer being present at a meeting of the Management Committee; and
(b) a Participant must inform the other Participants of its intention to have an Adviser or Observer attend a meeting of the Management Committee on behalf of the Participant at least two (2) Business Days before the meeting (and such notice must include the name and origin of each Adviser and Observer).
Advisers. Any named fiduciary under the Plan, and any fiduciary designated by a named fiduciary to whom such power is granted by a named fiduciary under the Plan, may employ one or more persons to carry out such responsibilities as may be specified by such fiduciary and to render advice with regard to any responsibility such fiduciary has under the Plan.
