Common use of Designation by Dealer Clause in Contracts

Designation by Dealer. Dealer (the “Designator”) may designate any of its affiliates (the “Designee”) to deliver or take delivery, as the case may be, and otherwise perform its obligations to deliver or take delivery of, as the case may be, any Shares or other property in respect of any Transaction hereunder, and the Designee may assume such obligations and the obligations of Dealer under this Master Confirmation and each Supplemental Confirmation with respect to such Shares or other property. Such designation shall not relieve the Designator of any of its obligations hereunder or thereunder. Notwithstanding the previous sentence, if the Designee shall have performed the obligations of the Designator hereunder or thereunder, then the Designator shall be discharged of its obligations to Counterparty only to the extent of such performance.

Appears in 3 contracts

Samples: Master Confirmation (General Electric Co), Master Confirmation (Advance/Newhouse Programming Partnership), Master Confirmation (Advance/Newhouse Programming Partnership)

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Designation by Dealer. Notwithstanding any other provision in this Master Confirmation or any Supplemental Confirmation to the contrary requiring or allowing Dealer to purchase, sell, receive or deliver any Shares or other securities to or from Counterparty, Dealer (the “Designator”) may designate any of its affiliates Affiliates (the “Designee”) to deliver or take delivery, as the case may be, and otherwise perform its obligations to deliver deliver, if any, or take delivery of, as the case may be, any such Shares or other property securities in respect of any Transaction hereunderthe Transaction, and the Designee may assume such obligations and the obligations of Dealer under this Master Confirmation and each Supplemental Confirmation with respect to such Shares or other propertyobligations, if any. Such designation shall not relieve the Designator of any of its obligations hereunder or thereunderobligations, if any, hereunder. Notwithstanding the previous sentence, if the Designee shall have performed the obligations obligations, if any, of the Designator hereunder or thereunderhereunder, then the Designator shall be discharged of its obligations obligations, if any, to Counterparty only to the extent of such performance.

Appears in 2 contracts

Samples: Master Confirmation (Lexington Realty Trust), Master Confirmation (Lexington Realty Trust)

Designation by Dealer. Notwithstanding any other provision in this Confirmation to the contrary requiring or allowing Dealer to purchase, sell, receive or deliver any Shares or other securities to or from Issuer, Dealer (the “Designator”) may designate any of its affiliates Affiliates (the “Designee”) to deliver or take delivery, as the case may be, and otherwise perform its obligations to deliver deliver, if any, or take delivery of, as the case may be, any such Shares or other property securities in respect of any Transaction hereunderthe Transaction, and the Designee may assume such obligations and the obligations of Dealer under this Master Confirmation and each Supplemental Confirmation with respect to such Shares or other propertyobligations, if any. Such designation shall not relieve the Designator of any of its obligations hereunder or thereunderobligations, if any, hereunder. Notwithstanding the previous sentence, if the Designee shall have performed the obligations obligations, if any, of the Designator hereunder or thereunderhereunder, then the Designator shall be discharged of its obligations obligations, if any, to Counterparty only Issuer to the extent of such performance.

Appears in 1 contract

Samples: Capped Accelerated Share Repurchase Transaction (Express Scripts Holding Co.)

Designation by Dealer. Notwithstanding any other provision in this Confirmation to the contrary requiring or allowing Dealer to purchase, sell, receive or deliver any Shares or other securities to or from Counterparty, Dealer (the “Designator”) may designate any of its affiliates Affiliates (the “Designee”) to deliver or take delivery, as the case may be, and otherwise perform its obligations to deliver deliver, if any, or take delivery of, as the case may be, any such Shares or other property securities in respect of any Transaction hereunderthe Transaction, and the Designee may assume such obligations and the obligations of Dealer under this Master Confirmation and each Supplemental Confirmation with respect to such Shares or other propertyobligations, if any. Such designation shall not relieve the Designator of any of its obligations hereunder or thereunderobligations, if any, hereunder. Notwithstanding the previous sentence, if the Designee shall have performed the obligations obligations, if any, of the Designator hereunder or thereunderhereunder, then the Designator shall be discharged of its obligations obligations, if any, to Counterparty only to the extent of such performance.

Appears in 1 contract

Samples: Issuer Forward Repurchase Transaction (Chicos Fas Inc)

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Designation by Dealer. Dealer (the “Designator”) may designate any of its affiliates (the “Designee”) to deliver or take delivery, as the case may be, and otherwise perform its obligations to deliver or take delivery of, as the case may be, any Shares or other property in respect of any Transaction hereunder, and the Designee may assume such obligations and the obligations of Dealer under the Agreement (including the Credit Support Annex), this Master Confirmation and each Supplemental Confirmation with respect to such Shares or other property. Such designation shall not relieve the Designator of any of its obligations hereunder or thereunder. Notwithstanding the previous sentence, if the Designee shall have performed the obligations of the Designator hereunder or thereunder, then the Designator shall be discharged of its obligations to Counterparty only to the extent of such performance.

Appears in 1 contract

Samples: Averaging Share Forward Transactions (INCJ, Ltd.)

Designation by Dealer. Dealer (the “Designator”) may designate any of its affiliates (the “Designee”) to deliver or take delivery, as the case may be, and otherwise perform its obligations to deliver or take delivery of, as the case may be, any Shares Shares, Units or other property in respect of any Transaction hereunder, and the Designee may assume such obligations and the obligations of Dealer under this Master Confirmation and Confirmation, each Supplemental Confirmation with respect to such Shares or other property. Such designation shall not relieve the Designator of any of its obligations hereunder or thereunder. Notwithstanding the previous sentence, if the Designee shall have performed the obligations of the Designator hereunder or thereunder, then the Designator shall be discharged of its obligations to Counterparty only to the extent of such performance.

Appears in 1 contract

Samples: Share Collar Transactions (Newhouse Broadcasting Corp)

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