Common use of Designation by BofA Clause in Contracts

Designation by BofA. Notwithstanding any other provision in this Confirmation to the contrary requiring or allowing BofA to purchase, sell, receive or deliver any Shares or other securities to or from Counterparty, BofA may designate any of its affiliates to purchase, sell, receive or deliver such Shares or other securities and otherwise to perform BofA obligations in respect of the Transaction and any such designee may assume such obligations. BofA shall be discharged of its obligations to Counterparty only to the extent of any such performance.

Appears in 4 contracts

Samples: Registered Forward Transaction (Affiliated Managers Group Inc), Registered Forward Transaction (Affiliated Managers Group Inc), Registered Forward Transaction (Affiliated Managers Group Inc)

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Designation by BofA. Notwithstanding any other provision in this Confirmation to the contrary requiring or allowing BofA to purchase, sell, receive or deliver any Shares shares or other securities to or from the Counterparty, BofA may designate any of its affiliates to purchase, sell, receive or deliver such Shares shares or other securities and otherwise to perform BofA obligations in respect of the this Transaction and any such designee may assume such obligations. BofA shall be discharged of its obligations to the Counterparty only to the extent of any such performance.

Appears in 2 contracts

Samples: Forward Delivery Transaction (Welsh Carson Anderson Stowe Viii Lp), Purchase Agreement (Bj Services Co)

Designation by BofA. Notwithstanding any other provision in this Confirmation to the contrary requiring or allowing BofA to purchase, sell, receive or deliver any Shares shares or other securities to or from the Counterparty, BofA may designate any of its US affiliates to purchase, sell, receive or deliver such Shares shares or other securities and otherwise to perform BofA BofA's obligations in respect of the this Transaction and any such designee may assume such obligations. BofA shall be discharged of its obligations to the Counterparty only to the extent of any such performance.

Appears in 1 contract

Samples: Issuer Call Spread Transaction (Computer Associates International Inc)

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Designation by BofA. Notwithstanding any other provision in this ------------------- Confirmation to the contrary requiring or allowing BofA to purchase, sell, receive or deliver any Shares shares or other securities to or from the Counterparty, BofA may designate any of its affiliates to purchase, sell, receive or deliver such Shares shares or other securities and otherwise to perform BofA obligations in respect of the this Transaction and any such designee may assume such obligations. BofA shall be discharged of its obligations to the Counterparty only to the extent of any such performance.

Appears in 1 contract

Samples: Forward Delivery Transaction (Welsh Carson Anderson Stowe Viii Lp)

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