CONDITIONS OF FISCAL AND PAYING AGENT’S OBLIGATIONS Sample Clauses

CONDITIONS OF FISCAL AND PAYING AGENT’S OBLIGATIONS. 8 Section 4.1 Liability 8 Section 4.2 Indemnification. 8 Section 4.3 Officers’ Certificate. 9 Section 4.4 Opinion of Counsel and Officers’ Certificate. 9 Section 4.5 Other Rights of the Fiscal and Paying Agent 9 Section 4.6 Compensation of the Fiscal and Paying Agent. 10
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CONDITIONS OF FISCAL AND PAYING AGENT’S OBLIGATIONS. 9 SECTION 4.1 LIABILITY 9 SECTION 4.2 INDEMNIFICATION 9 SECTION 4.3 OFFICERS’ CERTIFICATE 9 SECTION 4.4 OPINION OF COUNSEL AND OFFICERS’ CERTIFICATE 10 SECTION 4.5 OTHER RIGHTS OF THE FISCAL AND PAYING AGENT 10 SECTION 4.6 COMPENSATION OF THE FISCAL AND PAYING AGENT 11 ARTICLE V RESIGNATION OR REMOVAL OF FISCAL AND PAYING AGENT 11 SECTION 5.1 RESIGNATION OR REMOVAL 11 SECTION 5.2 SUCCESSOR FISCAL AND PAYING AGENT 12 SECTION 5.3 SUCCESSOR BY MERGER, ETC 12 ARTICLE VI MISCELLANEOUS 12 SECTION 6.1 NOTICES 12 SECTION 6.2 PARTIES 13 SECTION 6.3 GOVERNING LAW 13 SECTION 6.4 SEVERABILITY 13 SECTION 6.5 EFFECT OF HEADINGS 13 SECTION 6.6 AMENDMENTS; WAIVERS; NOTICES OF ACCELERATION AFTER EVENTS OF DEFAULT; COMPLIANCE CERTIFICATE 13 SECTION 6.7 FURTHER ISSUES 16 SECTION 6.8 ACTIONS DUE ON SATURDAYS, SUNDAYS AND HOLIDAYS 17 SECTION 6.9 AGREEMENT TO PAY ATTORNEYS’ FEES AND OTHER EXPENSES 17 SECTION 6.10 SURVIVAL 17 SECTION 6.11 NO IMPLIED WAIVERS 17 SECTION 6.12 COUNTERPARTS 17 SECTION 6.13 TERM 17 This Fiscal and Paying Agency Agreement (as may be amended, supplemented or otherwise modified from time to time, and together with all Exhibits hereto, this “Agreement”) is dated as of May 13, 2008 between NORTH STATE BANK, a North Carolina state-chartered bank (the “Issuer”), and WILMINGTON TRUST COMPANY, a banking corporation organized under laws of the State of Delaware (the “Fiscal and Paying Agent”).
CONDITIONS OF FISCAL AND PAYING AGENT’S OBLIGATIONS. The Fiscal and Paying Agent accepts its obligations set forth herein and in the Notes upon the terms and conditions hereof and thereof, including the following, to all of which the Issuer agrees and to all of which the rights of the holders from time to time of the Notes shall be subject:
CONDITIONS OF FISCAL AND PAYING AGENT’S OBLIGATIONS 

Related to CONDITIONS OF FISCAL AND PAYING AGENT’S OBLIGATIONS

  • Conditions of Agent’s Obligations The obligations of the Agent hereunder are subject to (i) the accuracy of, as of the date hereof, each Bringdown Date, and each Time of Sale (in each case, as if made at such date), and compliance with, all representations, warranties and agreements of the Company contained herein, (ii) the performance by the Company of its obligations hereunder and (iii) the following additional conditions:

  • Conditions of Agent’s Obligation The obligations of the Agent hereunder shall be subject, in its discretion, to the condition that all representations and warranties and other statements of the Company herein or in certificates of any officer of the Company delivered pursuant to the provisions hereof are true and correct as of the time of the execution of this Agreement, the date of any executed Terms Agreement and as of each Registration Statement Amendment Date, Company Periodic Report Date, Applicable Time and Settlement Date, to the condition that the Company shall have performed all of its obligations hereunder theretofore to be performed, and the following additional conditions:

  • Conditions of the Company’s Obligations at Closing The obligations of the Company to each Purchaser under this Agreement are subject to the fulfillment, on or before the Closing, of each of the following conditions, unless otherwise waived:

  • Conditions of the Agents’ Obligations The obligations of the Agent hereunder with respect to a Placement will be subject, in its discretion, to the continuing accuracy and completeness of the representations and warranties of the Company contained in this Agreement or in certificates of any officer of the Company or any subsidiary of the Company delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:

  • Conditions of the Obligation of the Company The obligation of the Company to deliver the Stock shall be subject to the conditions that (a) the Registration Statement shall have become effective and (b) no stop order suspending the effectiveness thereof shall be in effect and no proceedings therefor shall be pending or threatened by the Commission. In case either of the conditions specified in this Section 10 shall not be fulfilled, this Agreement may be terminated by the Company by giving notice to you. Any such termination shall be without liability of the Company to the Underwriters and without liability of the Underwriters to the Company; provided, however, that in the event of any such termination the Company agrees to indemnify and hold harmless the Underwriters from all costs or expenses incident to the performance of the obligations of the Company under this Agreement, including all costs and expenses referred to in paragraphs (i) and (j) of Section 6 hereof.

  • Conditions of the Warrant Agent’s Obligations The Warrant Agent accepts its obligations herein set forth upon the terms and conditions hereof, including the following to all of which the Company agrees and to all of which the rights hereunder of the Holders from time to time of the Warrant Certificates shall be subject:

  • Conditions of Company's Obligations The obligations of the Company to sell and deliver the Bonds are subject to the following conditions:

  • Conditions of Placement Agent’s Obligations The obligations of the Placement Agent hereunder are subject to the following conditions:

  • Conditions of Warrant Agent’s Obligations The Warrant Agent accepts its obligations herein set forth upon the terms and conditions hereof, including the following to all of which the Company agrees and to all of which the rights hereunder of the holders from time to time of the Warrant Certificates shall be subject:

  • Conditions of the Company’s Obligations The obligations of the Company to the Purchaser under this Agreement are subject to the fulfillment, on or before each Closing Date, of each of the following conditions:

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