APPOINTMENT OF THE PLACING AGENT Sample Clauses

APPOINTMENT OF THE PLACING AGENT. 2.1 The Issuer hereby appoints the Placing Agent, upon and subject to the terms and conditions of this Agreement, as its placing agent to procure Placee(s) at the Placing Price for the Notes on a best endeavour basis during the Placing Period, subject to Clauses 2.4 and 2.5. The choice of Placee(s) for the Notes shall be determined by the Placing Agent, subject to the requirements of the Applicable Laws. The Placing Agent will issue to the Placee(s) whom it has procured to subscribe for or purchase the Notes, a Placing Letter (other than as agreed between the Placing Agent and the Issuer). The allocation of the Notes amongst the Placees to be procured by the Placing Agent shall be determined by the Placing Agent itself, failing which the Issuer shall have the right to determine the allocation of the Notes to each of the Placees. The Placing Agent may in turn, at its own expenses, appoint its sub-placing agent(s) to procure the Placee(s) to subscribe for or purchase the Notes.
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APPOINTMENT OF THE PLACING AGENT. 2.1 The Company hereby, subject to the conditions set out in this Agreement and the Placing Letter, appoints the Placing Agent and the Placing Agent agrees to act as the placing agent for the Company during the Placing Period to procure, on a best effort basis, the Placees to subscribe for the Placing Shares at the Placing Price on the terms and subject to the conditions set out in this Agreement.
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APPOINTMENT OF THE PLACING AGENT. 2.1 The Company hereby appoints the Placing Agent, upon and subject to the terms and conditions of this Agreement, as its placing agent to procure, on a best effort basis, Placees to subscribe at the Placing Price (together with brokerage (if any), such transaction levy as may be payable to the SFC for the Placing Shares and such trading fee as may be payable to the Stock Exchange for the Placing Shares to be borne and payable by the Placees) for the Placing Shares. The Placing Agent may in turn, at its own expenses, appoint its sub-placing agent(s) to procure the Placee(s) to subscribe for the Placing Shares. For the avoidance of doubt, the Parties agree that the Placing Agent is only obliged to use best efforts to procure Placees for the Placing Shares, and the Placing Agent itself has no obligation to acquire or take up all or any of the Placing Shares whether or not the Placing Agent fails to procure Placees to subscribe for the Placing Shares, and notwithstanding any other term or condition contained herein.
Sample 1
APPOINTMENT OF THE PLACING AGENT. 3.1 The Company hereby appoints the Placing Agent and the Placing Agent, relying on the representations, warranties and undertakings herein contained, agrees as the exclusive agent for the Company to procure Placees, during the Placing Period, to subscribe for the Unsubscribed Rights Shares and the NQS Unsold Rights Shares (as the case may be) at the Placing Price (as defined in Clause 3.4 below) on a best-effort basis.‌
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APPOINTMENT OF THE PLACING AGENT. 2.1 The Company hereby appoints the Placing Agent, upon and subject to the terms and conditions of this Agreement, as its placing agent to procure, on a best endeavour basis, Placees to subscribe at the Placing Price (together with brokerage (if any), such transaction levy as may be payable to the SFC for the Placing Shares and such trading fee as may be payable to the Stock Exchange for the Placing Shares to be borne and payable by the Placees) for the Placing Shares. The Placing Shares shall be offered by way of Placing Letter by the Placing Agent to the Placee(s) (unless otherwise as agreed between the Placing Agent and the Company). The Placing Agent may in turn, at its own expenses, appoint its sub-placing agent(s) to procure the Placee(s) to subscribe for the Placing Shares.
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APPOINTMENT OF THE PLACING AGENT. 2.1 The Vendor hereby appoints the Placing Agent to the exclusion of all others and the Placing Agent, relying on the representations, warranties and undertakings herein contained and subject to the conditions as hereinafter mentioned, agrees to act as the placing agent for the Vendor to procure, on a best-effort basis, purchasers for the Placing Shares at the Placing Price. For the avoidance of doubt, the Placing Agent shall not be obliged to purchase any of the Placing Shares on its own account and the total number of Placing Shares is to be determined upon final matter confirmation from the purchasers.
Sample 1
APPOINTMENT OF THE PLACING AGENT. 2.1 The Company hereby appoints the Placing Agent, upon and subject to the terms and conditions of this Agreement, as its placing agent to procure not less than six Placee(s) at the Placing Price (together with brokerage (if any), such transaction levy as may be payable by the Placee(s) to the SFC for the Placing Shares and such trading fee as may be payable by the Placee(s) to the Stock Exchange for the Placing Shares) for the Placing Shares on a best endeavour basis. The Placing Shares shall be offered by way of Placing Letter(s) by the Placing Agent to the Placee(s) (other than as agreed between the Placing Agent and the Company). The Placing Agent may in turn appoint its sub- placing agent(s) to procure the purchasers to subscribe for the Placing Shares. The Placing Agent confirms and undertakes that it shall require any sub-placing agent or other person through whom it may effect the placing of Placing Shares or offer any placing of Placing Shares to observe the provisions of this Agreement. All fees of such sub-placing agents shall be paid and borne absolutely by the Placing Agent.
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APPOINTMENT OF THE PLACING AGENT 
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Related to APPOINTMENT OF THE PLACING AGENT

  • Appointment of the Agent (a) Each other Finance Party appoints the Agent to act as its agent under and in connection with the Finance Documents.

  • Appointment of the Agents (A) Each other Finance Party (other than the relevant Agent) appoints each Agent to act in that capacity under and in connection with the Finance Documents.

  • Appointment of the Transfer Agent 2.1 Each Fund hereby appoints and constitutes the Transfer Agent as transfer agent and dividend disbursing agent for Shares of the Fund and the Transfer Agent hereby accepts such appointments and agrees to perform the duties hereinafter set forth.

  • Appointment of the Owner Trustee The Seller hereby appoints the Owner Trustee as trustee of the Issuer effective as of the date hereof, to have all the rights, powers and duties set forth herein.

  • Appointment of the Escrow Agent The Escrow Agent is hereby designated and appointed to act as escrow agent in accordance with the terms and conditions of this Agreement, and the Escrow Agent hereby accepts such designation and appointment.

  • Appointment of the Facility Agent (a) Each other Finance Party appoints the Facility Agent to act as its agent under and in connection with the Finance Documents.

  • Appointment of the Collateral Agent The Lenders hereby appoint the Collateral Agent (and the Collateral Agent hereby accepts such appointment) to take any action including, without limitation, the registration of any Collateral in the name of the Collateral Agent or its nominees prior to or during the continuance of an Event of Default (as defined in the Borrower Documents), the exercise of voting rights upon the occurrence and during the continuance of an Event of Default, the application of any cash collateral received by the Collateral Agent to the payment of the Obligations, the making of any demand under the Borrower Documents, the exercise of any remedies given to the Collateral Agent pursuant to the Borrower Documents and the exercise of any authority pursuant to the appointment of the Collateral Agent as an attorney-in-fact pursuant to the Security Agreement that the Collateral Agent deems necessary or proper for the administration of the Collateral pursuant to the Security Agreements. Upon disposition of the Collateral in accordance with the Borrower Documents, the Collateral Agent shall promptly distribute any cash or Collateral in accordance with Section 10.4 of the Security Agreement. Lenders must notify Collateral Agent in writing of the issuance of Notes to Lenders by Debtor. The Collateral Agent will not be required to act hereunder in connection with Notes the issuance of which was not disclosed in writing to the Collateral Agent nor will the Collateral Agent be required to act on behalf of any assignee of Notes without the written consent of Collateral Agent.

  • Appointment of the Administrative Agent Each of the Lenders hereby irrevocably appoints the Administrative Agent as its agent hereunder and under the other Loan Documents and authorizes the Administrative Agent to take such actions on its behalf and to exercise such powers as are delegated to the Administrative Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto.

  • Appointment of the Custodian The Trustee may, with the consent of the Master Servicer and the Company, or shall, at the direction of the Company and the Master Servicer, appoint custodians who are not Affiliates of the Company, the Master Servicer or any Seller to hold all or a portion of the Custodial Files as agent for the Trustee, by entering into a Custodial Agreement. Notwithstanding anything to the contrary contained herein, the Company, Master Servicer and Trustee acknowledge that the functions of the Trustee hereunder with respect to the acceptance, custody, inspection and release of Custodial Files, and the preparation and delivery of the Interim Certification required pursuant to Section 2.02, shall be performed by the Custodian as and to the extent set forth in the Custodial Agreement. Subject to Article VIII, the Trustee agrees to comply with the terms of each Custodial Agreement with respect to the Custodial Files and to enforce the terms and provisions thereof against the related custodian for the benefit of the Certificateholders. Each custodian shall be a depository institution subject to supervision by federal or state authority, shall have a combined capital and surplus of at least $15,000,000 and shall be qualified to do business in the jurisdiction in which it holds any Custodial File. Each Custodial Agreement, with respect to the Custodial Files, may be amended only as provided in Section 11.01. The Trustee shall notify the Certificateholders of the appointment of any custodian (other than the custodian appointed as of the Closing Date) pursuant to this Section 8.11.

  • Appointment of Custodian On behalf of each of its Portfolios, each Fund hereby employs and appoints the Custodian as a custodian, subject to the terms and provisions of this Agreement. Each Fund shall deliver to the Custodian, or shall cause to be delivered to the Custodian, cash, securities and other assets owned by each of its Portfolios from time to time during the term of this Agreement and shall specify to which of its Portfolios such cash, securities and other assets are to be specifically allocated.

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