Common use of Appointment of Advisors Clause in Contracts

Appointment of Advisors. 2.9.1. The Investors agree that the Lead Investor shall be responsible for engaging (including the scope and engagement terms), terminating or changing all joint Advisors to the group of Investors in connection with the Transactions (such joint Advisors to the group of Investors agreed in writing by the Lead Investor in accordance with this Section 2.9.1, the “Joint Advisors”). The Investors agree and acknowledge that O’Melveny & Mxxxx has been selected by the group of Investors as a Joint Advisor and the international legal counsel to the group of Investors. 2.9.2. Except as otherwise provided in Section 2.9.1, if an Investor requires separate representation in connection with specific issues arising out of the Transactions, such Investor may retain other Advisors to advise him, her or it, provided that such Investor shall (i) provide prior notice to other Investors of such retention and (ii) subject to Section 2.7, be solely responsible for the fees and expenses of such separate Advisors unless the Lead Investor agrees in writing that the fees and expenses incurred by such separate Advisor will be treated as Transaction Expenses and reimbursable pursuant to Section 2.7 (which agreement shall not be unreasonably withheld or delayed). 2.9.3. For the purpose of the foregoing Section 2.9.2, the Lead Investor hereby acknowledges that such separate Advisors as set forth in Exhibit B attached hereto have been retained by the relevant Investor(s) in connection with the Transactions, and hereby agrees and confirms that the fees and expenses incurred in connection therewith, in an amount up to US$50,000 for each such separate Advisor, shall be treated as Transaction Expenses and reimbursable pursuant to Section 2.7.

Appears in 2 contracts

Samples: Interim Investors Agreement (General Atlantic, L.P.), Interim Investors Agreement (Fang Holdings LTD)

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Appointment of Advisors. 2.9.1. (a) The Investors Parties agree that the Lead Investor shall be responsible for engaging (including the scope and engagement terms), terminating or changing all joint Advisors to the group of Investors Consortium in connection with the Transactions Transaction (such joint Advisors to the group of Investors Consortium agreed in writing by the Lead Investor in accordance with this Section 2.9.12.2(a), the “Joint Advisors”). The Investors Parties agree and acknowledge that O’Melveny & Mxxxx Xxxxx has been selected by the group of Investors Consortium as a Joint Advisor and the international legal counsel to the group of InvestorsConsortium. 2.9.2. (b) Except as otherwise provided in Section 2.9.12.2(a), if an Investor a Party requires separate representation in connection with specific issues arising out of the TransactionsTransaction, such Investor Party may retain other Advisors to advise him, her or it, provided that such Investor Party shall (i) provide prior notice to other Investors Parties of such retention and (ii) subject to Section 2.7Sections 3.1(a) and 3.1(c), be solely responsible for the fees and expenses of such separate Advisors unless the Lead Investor agrees in writing that the fees and expenses incurred by such separate Advisor will be treated as Consortium Transaction Expenses (as defined below) and reimbursable pursuant to Section 2.7 3 (which agreement shall not be unreasonably withheld or delayed). 2.9.3. (c) For the purpose of the foregoing Section 2.9.22.2(b), the Lead Investor hereby acknowledges that such separate Advisors as set forth in Exhibit B Schedule C attached hereto have been retained by the relevant Investor(sParty(ies) in connection with the TransactionsTransaction, and hereby agrees and confirms that the fees and expenses incurred in connection therewith, in an amount up to US$50,000 for each such separate Advisor, shall be treated as Consortium Transaction Expenses (as defined below) and reimbursable pursuant to Section 2.73.

Appears in 1 contract

Samples: Consortium Agreement (Fang Holdings LTD)

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Appointment of Advisors. 2.9.1. The Investors agree that the Lead Investor shall be responsible for engaging (including the scope and engagement terms), terminating or changing all joint Advisors to the group of Investors in connection with the Transactions (such joint Advisors to the group of Investors agreed in writing by the Lead Investor in accordance with this Section 2.9.1, the “Joint Advisors”). The Investors agree and acknowledge that O’Melveny & Mxxxx Xxxxx has been selected by the group of Investors as a Joint Advisor and the international legal counsel to the group of Investors. 2.9.2. Except as otherwise provided in Section 2.9.1, if an Investor requires separate representation in connection with specific issues arising out of the Transactions, such Investor may retain other Advisors to advise him, her or it, provided that such Investor shall (i) provide prior notice to other Investors of such retention and (ii) subject to Section 2.7, be solely responsible for the fees and expenses of such separate Advisors unless the Lead Investor agrees in writing that the fees and expenses incurred by such separate Advisor will be treated as Transaction Expenses and reimbursable pursuant to Section 2.7 (which agreement shall not be unreasonably withheld or delayed). 2.9.3. For the purpose of the foregoing Section 2.9.2, the Lead Investor hereby acknowledges that such separate Advisors as set forth in Exhibit B attached hereto have been retained by the relevant Investor(s) in connection with the Transactions, and hereby agrees and confirms that the fees and expenses incurred in connection therewith, in an amount up to US$50,000 for each such separate Advisor, shall be treated as Transaction Expenses and reimbursable pursuant to Section 2.7.

Appears in 1 contract

Samples: Interim Investors Agreement (Evenstar Capital Management LTD)

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