Appointment of Consultants. (a) If NAB reasonably believes you are or may be in Default or that circumstances exist which could lead to you being in Default, NAB may appoint, and at NAB’s request you must appoint, a person or separate persons to investigate the financial and trading condition, and to undertake an environmental audit, of you or any Security Provider and whether you and the Security Providers have complied with the Transaction Documents. You must co-operate with and comply with every reasonable request made by this person. You must pay to NAB all Costs in connection with the investigation or audit and NAB may debit those costs to any of your accounts.
(b) Neither you nor any Security Provider is obliged to accept the recommendations of any consultant, and NAB will assume no liability with respect to any actions you or a Security Provider takes, or does not take, as a result of those recommendations.
Appointment of Consultants. The common Independent Engineer, the common Insurance Advisor, the common Environmental Consultant and the common Market Consultant (the “Consultants”), as of the date hereof, are listed in Schedule N (Senior Creditors’ Advisors and Consultants) hereto. Each such Consultant shall be deemed to be retained by, and shall be solely responsible to and for the benefit of, the Facility Lenders. The Consultants may also act for the benefit of, and deliver reports to, the Indenture Trustee, Senior Noteholders, the Intercreditor Agent and/or the initial purchasers of the Senior Notes.
Appointment of Consultants. The common CCRA Consultant, the common Independent Engineer, the common Insurance Advisor, the common Environmental Consultants and the common Market Consultant (the “Consultants”), as of the Upsize Closing Date, are listed in Schedule N (Senior Creditors’ Advisors and Consultants) hereto. Each such Consultant shall be deemed to be retained by, and shall be solely responsible to and for the benefit of, the Facility Lenders. The Consultants may also act for the benefit of, and deliver reports to, the Indenture Trustee, Senior Noteholders, the Intercreditor Agent and/or the initial purchasers of the Senior Notes.
Appointment of Consultants. 1.1 CHHH (OTCBB) hereby retains CONSULTANTS to assist CHHH (OTCBB) in providing management consulting services to CHHH (OTCBB) in USA, Canada and abroad as may from time to time be required with respect to CHHH (OTCBB), as more particularly described as Schedule A hereto.
1.2 CONSULTANTS agrees to devote sufficient time as may be necessary and to employ its best efforts to faithfully and industriously perform the services as described in Schedule A hereto.
1.3 In performing its management services hereunder, CONSULTANTS shall be a consultant of CHHH (OTCBB).
Appointment of Consultants. 17.1 In addition to all other rights and remedies under this agreement, while any moneys remain owing or payable by you to us, or any of your liabilities to us exist, in connection with this agreement, we may and you will, if we request, engage such accountancy, financial management and other consultants as we may reasonably nominate to examine your affairs, to investigate whether you or any guarantor are in default in connection with the facility, and to make recommendations relating to the manner in which you or any guarantor carry on your businesses.
17.2 You agree that you will provide (and to procure that each guarantor provides) all reasonable assistance requested by the consultants, and comply with every reasonable request they make (including making your financial records available to them) to enable the consultants to conduct a proper examination of your affairs. You agree to pay the reasonable fees of this person. You will provide to us a copy of the consultants’ report and recommendations. You, at your sole discretion, will decide whether to accept any recommendations of the consultants.
17.3 You will pay to us on demand all reasonable costs incurred by us in engaging any person under clause 17.1.
Appointment of Consultants. Allow the Administrative Agent on behalf of the Other Agents and the Lenders, with, prior to an Event of Default, the Cdn. Borrower's consent (such consent not to be unreasonably withheld or delayed), to appoint consultants or agents at any time to complete audits or to report on any other matter as may be deemed necessary by the Administrative Agent on behalf of the Other Agents and the Lenders (or any one of them), all at the Cdn. Borrower's expense.
Appointment of Consultants. At any time when an Event of Default is subsisting, the Borrower agrees that it will allow, and cause its Subsidiaries and the other Credit Parties to allow, the Administrative Agent on behalf of the Lenders to appoint consultants or agents to complete audits or to report on any matter as may be deemed necessary by the Administrative Agent on behalf of the Lenders (or any one of them). All reasonable costs and expenses of such consultants or agents shall be paid in accordance with Section 9.01(r).
Appointment of Consultants. In the event the Required Holders reasonably determine that the advice of an independent technical consultant is required in connection with the holders’ review of any amendments, waivers or consents in respect of any of the Note Documents, or supervision and review of material ongoing operational matters relating to the Project, the Required Holders may, in consultation with the Issuer, appoint an independent technical consultant, which consultant shall be a nationally recognized technical consulting or engineering firm with substantial experience in gas processing and electric generation facilities similar to the Project (an “Independent Engineer”).
Appointment of Consultants. Subject to clause 4.1(b), the Tenement Holder shall appoint the Consultant nominated pursuant to clause 3.1(d)(iv) to assist with the conduct of the required Heritage Survey. If the Tenement Holder considers that the Consultant nominated pursuant to clause 3.1(d)(iv) is inappropriate to conduct the required Heritage Survey, then it shall, within 30 days, advise JJAC by notice in writing to that effect. The Tenement Holder may also advise JJAC by notice in writing of an alternative Consultant who they consider is a more appropriate person to conduct the Heritage Survey. JJAC shall, within 30 days of receipt of a notice from the Tenement Holder under clause 4.1(b), indicate: whether the alternative Consultant nominated by the Tenement Holder is acceptable; or if no alternative Consultant has been nominated by the Tenement Holder advise the Tenement Holder by notice in writing of the names, addresses, qualifications and experience of at least two (2) other consultants who JJAC considers would be acceptable to conduct the Heritage Survey. The Tenement Holder shall within 30 days of receipt of a notice from JJAC under sub-clause 4.1(c)(ii), indicate which of the consultants nominated by JJAC is acceptable. If the Tenement Holder considers that none of the alternative consultants nominated by JJAC is appropriate to conduct the Heritage Survey, then it shall, within 30 days, refer the matter to arbitration under clause 8. If the matter is referred to arbitration under clause 4.1(d), then the arbitrator shall determine which, on reasonable grounds, of the various consultants nominated by the respective Parties under clauses 3.1 and 4.1 is the most appropriate to conduct the Heritage Survey. The Consultant determined by the arbitrator to be the most appropriate person must then be appointed by the Tenement Holder to conduct the Heritage Survey. If any Consultant agreed by the parties or determined under sub-clause (e) is or becomes unavailable for any reason the parties must repeat the process set out in this clause 4.1 until a resolution is reached.
Appointment of Consultants. The Architects shall have right to appoint any structural consultants, civil or mechanical engineers and other consultants as they may think fit for the satisfactory completion of the said works.
