Certain Related Transactions. Subject to applicable law, the Company or any Portfolio Company may, as necessary or appropriate, employ or retain the Adviser or any TCW Affiliate (and any other Person to which any of the foregoing are related or in which any of the foregoing are interested) who is in the business of providing such services to provide services (including, without limitation, consulting, valuation, appraisal and brokerage services), and any such Person may receive from the Company and Portfolio Companies compensation in addition to that expressly provided for in this Agreement. As provided in 5.2.1 and 13.1.3, the Company has been authorized to enter into the Advisory Agreement with the Adviser and the Administration Agreement with the Administrator. Any other agreement that the Company enters into with the Adviser or any TCW Affiliate shall meet the following requirements: (i) the compensation and other terms and conditions under which services are to be rendered or the transaction is to be entered into are embodied in a written contract that precisely describes such services or transaction and the compensation therefor, (ii) such contract is terminable at will by the Company, without penalty, upon not more than 60 days’ prior written notice, (iii) the terms and conditions of such contract are at least as favorable to the Company as those generally available from unaffiliated third parties in arm’s-length transactions, and (iv) the transaction is entered into principally for the benefit of the Company. The Company shall notify Members of any such agreement with the Adviser or any TCW Affiliate in the Company reports issued for the quarter in which such agreement is entered into.
Certain Related Transactions. Subject to applicable law, the Company may, as necessary or appropriate, employ or retain the Adviser or any Jefferies Affiliate who is in the business of providing such services to provide services (including, without limitation, consulting, valuation, appraisal and brokerage services), such that the Adviser or any Jefferies Affiliate may receive from the Company compensation in addition to that expressly provided for in this Agreement. As provided in 3.4.2, 5.2.1 and 13.1.3, the Company has been authorized to enter into the Advisory Agreement with the Adviser and the Administration Agreement with the Administrator. Any other agreement that the Company enters into with the Adviser or any Jefferies Affiliate shall meet the following requirements: (i) the compensation and other terms and conditions under which services are to be rendered or the transaction is to be entered into are embodied in a written contract that precisely describes such services or transaction and the compensation therefor, (ii) such contract is terminable at will by the Company, without penalty, upon not more than 60 days’ prior written notice, (iii) the terms and conditions of such contract are at least as favorable to the Company as those generally available from unaffiliated third parties in arm’s-length transactions, (iv) the transaction is entered into principally for the benefit of the Company, and (v) such contract shall be approved by prior written consent of Platinum. The Company shall notify the Members of any such agreement with the Adviser or any Jefferies Affiliate in the Company reports issued for the quarter in which such agreement is entered into.
Certain Related Transactions. Subject to applicable law, the Company or any company in which the Company holds a portfolio investment in (“Portfolio Company”) may, as necessary or appropriate, employ or retain the Adviser or any of its affiliates (and any other person to which any of the foregoing are related or in which any of the foregoing are interested) who are in the business of providing such services to provide services (including, without limitation, consulting, valuation, appraisal and brokerage services), and such Persons may receive from the Company and Portfolio Companies compensation in addition to that expressly provided for in this Agreement. The Company has been authorized to enter into an investment advisory agreement (the “Advisory Agreement”) and an administration agreement (the “Administration Agreement”) with the Adviser. Any other agreement that the Company enters into with the Adviser or any of its affiliates shall meet the following requirements: (i) the compensation and other terms and conditions under which services are to be rendered or the transaction is to be entered into are embodied in a written contract that precisely describes such services or transaction and the compensation therefor, (ii) such contract is terminable at will by the Company, without penalty, upon not more than 60 days’ prior written notice, (iii) the terms and conditions of such contract are at least as favorable to the Company as those generally available from unaffiliated third parties in arm’s-length transactions, and (iv) the transaction is entered into principally for the benefit of the Company.
Certain Related Transactions. Class A Members acknowledge that the Company will engage in transactions with CCV and its Affiliates and that so long as such transactions are not entered into in bad faith, CCV and its Affiliates with which the Company engages in transactions, the Manager, and the Company shall not be liable to the Company or Class A Members with respect to such transactions. The foregoing provision is not intended to affect any of CCV and its Affiliates’ express contractual obligations to the Company, Class A Members, or any of the Class A Members’ Affiliates under any contract entered into by and among such parties from time to time.
Certain Related Transactions. Subject to applicable law and to the prior approval of the Management Committee, the Company or any Portfolio Company may, as necessary or appropriate, employ or retain the BDC or any of its Affiliates, including TCW (and any other Person to which any of the foregoing are related or in which any of the foregoing are interested), who are in the business of providing such services to provide services
Certain Related Transactions. Subject to applicable law, the Company or any Portfolio Company may, as necessary or appropriate, employ or retain the Adviser or any of its Affiliates (and any other Person to which any of the foregoing are related or in which any of the foregoing are interested) who are in the business of providing such services to provide services (including, without limitation, consulting, valuation, appraisal and brokerage services), and such Persons may receive from the Company and Portfolio Companies compensation in addition to that expressly provided for in this Agreement. As provided in 5.2.1 and 13.1.3, the Company has been authorized to enter into the Advisory Agreement and Administration Agreement with the Adviser. Any other agreement that the Company enters into with the Adviser or any of its Affiliates shall meet the following requirements: (i) the compensation and other terms and conditions under which services are to be rendered or the transaction is to be entered into are embodied in a written contract that precisely describes such services or transaction and the compensation therefor, (ii) such contract is terminable at will by the Company, without penalty, upon not more than 60 days’ prior written notice, (iii) the terms and conditions of such contract are at least as favorable to the Company as those generally available from unaffiliated third parties in arm’s-length transactions, and (iv) the transaction is entered into principally for the benefit of the Company.
Certain Related Transactions. 13 3.1 Funding of Cash Merger Consideration..................................... 13 3.2 Reorganization........................................................... 13
Certain Related Transactions. The Amended and Restated Intercreditor Agreement shall be in full force and effect and shall be satisfactory in form and substance to you. Section 4.13.
Certain Related Transactions. No relationship, direct or indirect, exists between or among the Company or any or its subsidiaries on the one hand, and the directors, officers, stockholders, customers or suppliers of the Company or any of its subsidiaries on the other hand, which is required by the Act to be described in the Registration Statement and the General Disclosure Package and which is not so described.
Certain Related Transactions. 5.6.1 CII acknowledges and agrees that the Company will engage in transactions with the Charter Members and the Charter Affiliates and that so long as such transactions are not entered into in bad faith and in accordance with Section 5.2, the Charter Members and the Charter Affiliates with which the Company engages in transactions, the Manager, and the Company shall not be liable to the Company or to CII with respect to such transactions. The foregoing provision is not intended to affect any of CCV and its Affiliates’ express contractual obligations to the Company, Class A Members, or any of the Class A Members’ Affiliates under any contract entered into by and among such parties from time to time.
