APPOINTMENT OF XXXXXX Sample Clauses

APPOINTMENT OF XXXXXX. (a) The Client engages Xxxxxx to provide the Services, and Xxxxxx accepts that engagement and must perform the Services in accordance with this agreement. (b) Xxxxxx will provide the Services on an exclusive basis and the Client must not engage other parties to provide equivalent services instead of the Services. (c) The Services to be provided by Xxxxxx under this agreement do not include any Excluded Services.
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APPOINTMENT OF XXXXXX. As Attorney-In-Fact After Default........................................24 7.9 Consent Does Not Create Custom.................................................................25 8. CONDITIONS TO LOAN......................................................................................25 9. GENERAL.................................................................................................25 9.1 Attorneys' Fees and Expenses; Xxxxxx'x Expenses................................................25 9.2 Modification...................................................................................25 9.3 Strict Compliance..............................................................................25 9.4 Severability...................................................................................26 9.5 Successors and Assigns.........................................................................26
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APPOINTMENT OF XXXXXX. IMCO hereby appoints Xxxxxx to act as an investment adviser for each Fund Account in accordance with the terms and conditions of this Agreement. Xxxxxx will be an independent contractor and will have no authority to act for or represent the Company or IMCO in any way or otherwise be deemed an agent of the Company or IMCO except as expressly authorized in this Agreement or another writing by the Company, IMCO and Xxxxxx. Xxxxxx accepts such appointment and agrees to render the services herein set forth for the compensation herein provided.
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APPOINTMENT OF XXXXXX. The Client hereby appoints Xxxxxx to provide the Services and Xxxxxx hereby agrees to provide the Services in accordance with the terms and conditions of this Agreement.
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APPOINTMENT OF XXXXXX. 1.01 Subject to the provisions hereof, the Company hereby appoints Xxxxxx as its representative for the marketing, underwriting, and servicing of the insurance and reinsurance business contemplated under this Agreement. Xxxxxx hereby agrees to represent the Company pursuant to the provisions of this Agreement. 1.02 Xxxxxx shall represent the Company according to the provisions of this Agreement, and shall comply with all applicable laws and regulations of each state or other jurisdiction relative to Xxxxxx' performance under this Agreement.
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APPOINTMENT OF XXXXXX. Fund Company hereby appoints Xxxxxx as recordkeeper with respect to shares of the Funds purchased and held by Plans, and Xxxxxx accepts such appointment, on the terms set forth herein. Fund Company or its designee will furnish Xxxxxx, for each Fund, with: (1) confirmed net asset values calculated as of the close of trading (currently 4:00 p.m. New York time) on the New York Stock Exchange (the "Close of Trading") on each business day that the New York Stock Exchange is open for business (each a "Business Day"), (2) shareholder income and capital gain dividend information as it arises, and (3) in the case of income Funds, the daily accrual for interest rate factor (mil rate). Fund Company or its designee shall use its best efforts to provide such information to Xxxxxx by 6:00 p.m. New York time. As recordkeeper for the Funds, Xxxxxx shall, on behalf of the Fund Company, receive from Plans for acceptance as of the Close of Trading on each Business Day (based upon the Plans' receipt of instructions from participants of the Plans prior to the Closing of Trading on such Business Days): (a) orders for the purchase of shares of the Funds and (b) redemption requests and redemption directions with respect to shares of the Funds held by Plans (both (a) and (b) herein being hereinafter referred to as "Instructions"). Xxxxxx shall be deemed the agent of the Fund Company for the sole and limited purpose of receiving purchase redemption and exchange orders from participants and transmitting corresponding instructions to the Transfer Agent. Except as provided specifically herein, neither Xxxxxx nor any person to which Xxxxxx may delegate any of its duties hereunder shall be or hold itself out as an agent of the Transfer Agent or the Fund Company.
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APPOINTMENT OF XXXXXX. The Series Trust hereby appoints Xxxxxx as agent with respect to shares of the Funds purchased and held by Plans, and Xxxxxx accepts such appointment and agrees to perform the services described on Schedule B. The Series Trust or its designee will furnish Xxxxxx, for each Fund, with (1) confirmed net asset values calculated as of the close of trading (currently 4:00 p.m. New York time) on the New York Stock Exchange (the “Close of Trading”) on each business day that the New York Stock Exchange is open for business (each a “Business Day”) and (2) shareholder income and capital gain dividend information as it arises. The Series Trust or its designated agent shall use its reasonable efforts to provide such information to Xxxxxx, by 7:00 p.m. New York time. As agent for the Funds, Xxxxxx shall receive from Plans for acceptance as of the Close of Trading on each Business Day (based upon the Plans’ receipt of instructions from participants of the Plans prior to the Close of Trading on such Business Days): (a) orders for the purchase of shares of the Funds and (b) redemption requests and redemption directions with respect to shares of the Funds held by Plans (both (a) and (b) herein being hereinafter referred to as “Instructions”). Instructions received by Xxxxxx from participants of the Plans after the Close of Trading on each Business Day will be processed on the next following Business Day. Xxxxxx agrees to notify the Series Trust or its designated agent three weeks’ prior to the initial purchase and/or exchange for any Fund.
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APPOINTMENT OF XXXXXX. The Trust hereby appoints Xxxxxx as its exclusive agent to sell and distribute its shares ("Shares") at the offering price thereof as from time to time determined in the manner herein provided. Xxxxxx hereby accepts such appointment and agrees during the term of this Distribution Agreement to provide the services and to assume the obligations herein set forth. The Trust agrees that it will not, without Xxxxxx'x consent, sell or agree to sell Shares otherwise than through Xxxxxx, except that (a) the Trust may itself sell Shares as an investment to the trustees, officers, directors and bona fide full-time employees of the Trust, Xxxxxx and the Trust's investment adviser; and (b) the Trust may issue Shares in connection with a merger, consolidation or acquisition of assets on such basis as may be authorized or permitted under the Investment Company Act of 1940; provided that in no event as to any of the foregoing exceptions shall Shares be issued and sold at less than the net asset value thereof.
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Related to APPOINTMENT OF XXXXXX

  • Appointment of FTIS The Investment Company hereby appoints FTIS as transfer agent for Shares of the Investment Company, as service agent in connection with dividend and distribution functions, and as shareholder servicing agent for the Investment Company, and FTIS accepts such appointment and agrees to perform the following duties.

  • Appointment of Agent GE Capital is hereby appointed to act on behalf of all Lenders as Agent under this Agreement and the other Loan Documents. The provisions of this Section 9.2 are solely for the benefit of Agent and Lenders and no Credit Party nor any other Person shall have any rights as a third party beneficiary of any of the provisions hereof. In performing its functions and duties under this Agreement and the other Loan Documents, Agent shall act solely as an agent of Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any Credit Party or any other Person. Agent shall have no duties or responsibilities except for those expressly set forth in this Agreement and the other Loan Documents. The duties of Agent shall be mechanical and administrative in nature and Agent shall not have, or be deemed to have, by reason of this Agreement, any other Loan Document or otherwise a fiduciary relationship in respect of any Lender. Except as expressly set forth in this Agreement and the other Loan Documents, Agent shall not have any duty to disclose, and shall not be liable for failure to disclose, any information relating to any Credit Party or any of their respective Subsidiaries or any Account Debtor that is communicated to or obtained by GE Capital or any of its Affiliates in any capacity. Neither Agent nor any of its Affiliates nor any of their respective officers, directors, employees, agents or representatives shall be liable to any Lender for any action taken or omitted to be taken by it hereunder or under any other Loan Document, or in connection herewith or therewith, except for damages caused by its or their own gross negligence or willful misconduct. If Agent shall request instructions from Requisite Lenders or all affected Lenders with respect to any act or action (including failure to act) in connection with this Agreement or any other Loan Document, then Agent shall be entitled to refrain from such act or taking such action unless and until Agent shall have received instructions from Requisite Lenders or all affected Lenders, as the case may be, and Agent shall not incur liability to any Person by reason of so refraining. Agent shall be fully justified in failing or refusing to take any action hereunder or under any other Loan Document (a) if such action would, in the opinion of Agent, be contrary to law or the terms of this Agreement or any other Loan Document, (b) if such action would, in the opinion of Agent, expose Agent to Environmental Liabilities or (c) if Agent shall not first be indemnified to its satisfaction against any and all liability and expense which may be incurred by it by reason of taking or continuing to take any such action. Without limiting the foregoing, no Lender shall have any right of action whatsoever against Agent as a result of Agent acting or refraining from acting hereunder or under any other Loan Document in accordance with the instructions of Requisite Lenders or all affected Lenders, as applicable.

  • Appointment of Stewards A. The Union will certify to the Employer in writing a xxxxxxx or stewards and alternates in accordance with the following general guidelines. Where more than one xxxxxxx is appointed, one shall be designated chief xxxxxxx. The selection and appointment of stewards or chief stewards is the sole and exclusive function of the Union. Stewards will be certified to represent employees in specific work location(s) on their tour; provided no more than one xxxxxxx may be certified to repre- sent employees in a particular work location(s). The number of stewards certified shall not exceed, but may be less than, the number provided by the formula hereinafter set forth. Employees in the same craft per tour or station Up to 49 1 xxxxxxx 50 to 99 2 stewards 100 to 199 3 stewards 200 to 499 5 stewards 500 or more 5 stewards plus additional xxxxxxx for each 100 employees B. At an installation, the Union may designate in writing to the Employer one Union representative actively employed at that installation to act as a xxxxxxx to investigate, present and adjust a specific grievance or to investigate a specific problem to deter- mine whether to file a grievance. The activities of such Union representative shall be in lieu of a xxxxxxx designated under the formula in Section 2.A and shall be in accordance with Section 3. Payment, when applicable, shall be in accordance with Section 4. C. To provide xxxxxxx service to installations with twenty or less craft employees where the Union has not certified a xxxxxxx, a Union representative certified to the Employer in writing and compensated by the Union may perform the duties of a xxxxxxx. D. At the option of the Union, representatives not on the Employer’s payroll shall be entitled to perform the functions of a xxxxxxx or chief xxxxxxx, provided such representatives are certified in writing to the Employer at the area level and providing such rep-

  • Appointment of Agents The Custodian may at any time or times in its discretion appoint (and may at any time remove) any other bank or trust company which is itself qualified under the Investment Company Act of 1940, as amended, to act as a custodian, as its agent to carry out such of the provisions of this Article 2 as the Custodian may from time to time direct; provided, however, that the appointment of any agent shall not relieve the Custodian of its responsibilities or liabilities hereunder.

  • Appointment of Asset Manager; Acceptance of Appointment The Series hereby appoints the Asset Manager as asset manager to the Series for the purpose of managing the Series #TICKER Asset. The Asset Manager hereby accepts such appointment.

  • Appointment of a Receiver To the extent permitted by applicable law, if an Event of Default shall have occurred and be continuing, and the Equipment Notes either shall have been accelerated pursuant to Section 4.02 or have become due at maturity, Loan Trustee shall, as a matter of right, be entitled to the appointment of a receiver (who may be Loan Trustee or any successor or nominee thereof) for all or any part of the Collateral, whether such receivership be incidental to a proposed sale of the Collateral or the taking of possession thereof or otherwise, and, to the extent permitted by applicable law, Company hereby consents to the appointment of such a receiver and will not oppose any such appointment. Any receiver appointed for all or any part of the Collateral shall be entitled to exercise all the rights and powers of Loan Trustee with respect to the Collateral.

  • Appointment of Auditors 33.2.1 The Concessionaire shall appoint, and have during the subsistence of this Agreement as its Statutory Auditors, a firm chosen by it from the mutually agreed list of 10 (ten) reputable firms of chartered accountants (the “Panel of Chartered Accountants”), such list to be prepared substantially in accordance with the criteria set forth in Schedule-T. All fees and expenses of the Statutory Auditors shall be borne by the Concessionaire. 33.2.2 The Concessionaire may terminate the appointment of its Statutory Auditors after a notice of 45 (forty five) days to the Authority, subject to the replacement Statutory Auditors being appointed from the Panel of Chartered Accountants. 33.2.3 Notwithstanding anything to the contrary contained in this Agreement, the Authority shall have the right, but not the obligation, to appoint at its cost from time to time and at anytime, another firm (the “Additional Auditors”) from the Panel of Chartered Accountants to audit and verify all those matters, expenses, costs, realisations and things which the Statutory Auditors are required to do, undertake or certify pursuant to this Agreement.

  • Appointment of Attorney The Obligor hereby irrevocably constitutes and appoints the Security Agent (and any officer of the Security Agent) the true and lawful attorney of the Obligor. As the attorney of the Obligor, the Security Agent has the power to exercise for and in the name of the Obligor with full power of substitution, upon the occurrence and during the continuance of an Event of Default, any of the Obligor’s right (including the right of disposal), title and interest in and to the Collateral including the execution, endorsement, delivery and transfer of the Collateral to the Security Agent, its nominees or transferees, and the Security Agent and its nominees or transferees are hereby empowered to exercise all rights and powers and to perform all acts of ownership with respect to the Collateral to the same extent as the Obligor might do. This power of attorney is irrevocable, is coupled with an interest, has been given for valuable consideration (the receipt and adequacy of which is acknowledged) and survives, and does not terminate upon, the bankruptcy, dissolution, winding up or insolvency of the Obligor. This power of attorney extends to and is binding upon the Obligor’s successors and permitted assigns. The Obligor authorizes the Security Agent to delegate in writing to another Person any power and authority of the Security Agent under this power of attorney as may be necessary or desirable in the opinion of the Security Agent, and to revoke or suspend such delegation.

  • APPOINTMENT OF ADVISER The Manager hereby appoints the Adviser to act as an investment adviser for the Fund, subject to the supervision and oversight of the Manager and the Trustees of the Trust, and in accordance with the terms and conditions of this Agreement. The Adviser will be an independent contractor and will have no authority to act for or represent the Trust or the Manager in any way or otherwise be deemed an agent of the Trust or the Manager except as expressly authorized in this Agreement or another writing by the Trust, the Manager and the Adviser.

  • Appointment of mediator Within 10 Working Days of receipt of the notice referring the Dispute to mediation, the parties must attempt to agree on the identity of the mediator and, if they cannot agree within that timeframe, the mediator will be appointed by the President (or their nominee) of the New Zealand chapter of the Resolution Institute.

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