Appointment and Acceptance of Agency. The Company hereby appoints the Warrant Agent to act as agent for the Company in accordance with the instructions set forth in this Warrant Agreement, and the Warrant Agent hereby accepts the agency established by this Warrant Agreement and agrees to perform the same upon the terms and conditions herein set forth.
Appointment and Acceptance of Agency. (a) Subject to the terms and conditions hereof, Consignor hereby appoints Consignee as its agent during the Consignment Period and grants Consignee the exclusive right during the Consignment Period to market, through sale and exchange transactions, in accordance with the terms and conditions hereof, the Consigned Inventory. Consignee hereby accepts such appointment and agrees to market the Consigned Inventory for Consignor through sale and exchange transactions. Except as otherwise set forth in this Agreement, Consignee acknowledges and agrees that Consignee shall not sell or exchange or otherwise transfer any Consigned Inventory to Consignee or any Subsidiary of Consignee without the prior written consent of Consignor, which consent shall not be unreasonably withheld or delayed.
(b) Sales and exchanges of Consigned Inventory by Consignee shall be on an individual item or lot basis and on such terms and conditions, at such prices and to such purchasers and exchange recipients as Consignee deems appropriate; provided, that if, for any calendar month, the aggregate Gross Sales Price for all Consigned Verified Parts sold by Consignee during such month is less than 90% of the aggregate applicable Sample Prices for such Consigned Verified Parts (excluding sales of Consigned Inventory sold as scrap pursuant to Section 2.2 hereof), then Consignor shall have the right, exercisable by written notice to Consignee, to require Consignee to receive the prior consent of Consignor and Agent to sell any Consigned Verified Part reasonably likely to generate an aggregate Gross Sales Price in excess of $150,000 for less than 90% of the then applicable Sample Price ("Sale Consent"). In the event Consignee seeks Sale Consent (which consent shall not be unreasonably withheld or delayed), it shall request Sale Consent on any Business Day by speaking by telephone at the applicable telephone numbers set forth in Schedule 2.1(b) or in person with an authorized representative of Consignor or Agent and promptly thereafter confirming such request by e-mail at the applicable e-mail address set forth on Schedule 2.1(b) hereto. In the event that none of the foregoing representatives of Consignor responds to such request within twenty-four (24) hours after such e-mail is sent, such Sale Consent shall be deemed granted. In the event that either Person named above (or any other designee referred to above) shall verbally respond to any such request either approving or disapproving a proposed...
Appointment and Acceptance of Agency. GenTek hereby appoints the Warrant Agent to act as agent for GenTek in accordance with the instructions set forth in this Agreement and the Warrant Agent hereby accepts the agency established by this Agreement and agrees to perform the same on the terms and conditions herein set forth.
Appointment and Acceptance of Agency. The Company hereby appoints the Warrant Agent to act as agent for the Company in accordance with the instructions set forth in this Warrant Agreement, and the Warrant Agent hereby accepts the agency established by this Warrant Agreement and agrees to perform the same upon the terms and conditions set forth in this Warrant Agreement and in the Warrant Certificates or as the Company and the Warrant Agent may hereafter agree, by all of which the Company and the Warrantholders of Warrant Certificates, by their acceptance thereof, shall be bound; provided, however, that the terms and conditions contained in the Warrant Certificates are subject to and governed by this Warrant Agreement or any other terms and conditions hereafter agreed to by the Company and the Warrant Agent.
Appointment and Acceptance of Agency. 35 Section 8.16. Liability of Warrant Agent 35 Section 8.17. Successors and Assigns 36 Section 8.18. Notices 36 Section 8.19. Applicable Law 36 Section 8.20. Benefit of this Warrant Agreement 37 Section 8.21. Registered Warrantholders 37 Section 8.22. Inspection of this Warrant Agreement 37 Section 8.23. Headings 37 Section 8.24. Counterparts 37 This Warrant Agreement, dated May 7, 2013 (this “Warrant Agreement”), is between ING U.S., Inc., a Delaware corporation (the “Company”), and Computershare Inc., a Delaware corporation and its wholly-owned subsidiary Computershare Trust Company, N.A., a federally chartered, limited purpose trust company (collectively, the “Warrant Agent”).
Appointment and Acceptance of Agency. Each Borrower and Lender Agent each hereby appoints, designates and constitutes Escrow Agent as the "Escrow Agent" with respect to the Accounts and the Covered Property with full power and authority to take such actions, to exercise such powers and to perform such other duties as are expressly delegated and assigned to Escrow Agent by the terms of this Agreement. Escrow Agent hereby accepts such appointment and agrees to act as such Escrow Agent upon the express terms and conditions (but subject to the limitations and qualifications) set forth in this Agreement.
Appointment and Acceptance of Agency. Subject to the terms and conditions hereof, Consignor hereby appoints Consignee as its agent during the Consignment Period and grants Consignee the exclusive right during the Consignment Period to market, through sale and exchange transactions, in accordance with the terms and conditions hereof, the Consigned Inventory. Consignee hereby accepts such appointment and agrees to market the Consigned Inventory for Consignor through sale and exchange transactions. Except as otherwise set forth in this Agreement, Consignee acknowledges and agrees that Consignee shall not sell or exchange or otherwise transfer any Consigned Inventory to Consignee or any Subsidiary of Consignee without the prior written consent of Consignor, which consent shall not be unreasonably withheld or delayed.
Appointment and Acceptance of Agency. Sterling hereby appoints the Warrant Agent to act as agent for Sterling in accordance with the instructions set forth in this Agreement and the Warrant Agent hereby accepts the agency established by this Agreement and agrees to perform the same on the terms and conditions herein set forth.
Appointment and Acceptance of Agency. The Water Authority hereby appoints the City as its agent to perform all duties, obligations, and responsibilities assigned to it under the Act and Chapter 1, Water and Sewer Authority, of the City’s Charter and Related Laws.
Appointment and Acceptance of Agency. The Issuer hereby appoints the Warrant Agent to act as agent for the Issuer in accordance with the instructions set forth in this Warrant Agreement, and the Warrant Agent hereby accepts the agency established by this Warrant Agreement and agrees to perform the same upon the terms and conditions herein set forth.
