Designations of Investors Sample Clauses

Designations of Investors. Prior to the Initial Closing, XX Xxxx & Co. LLC (“WLR”) may designate by written notice to the Company one of the entities listed on Exhibit A hereto (the “WLR Funds”) to act as the Investor for purposes of the Initial Closing. Such notice will state the portion of the Initial Shares to be purchased at the Initial Closing by each such WLR Fund. To the extent one or more WLR Funds is designated as the Investor for purposes of the Intial Closing, all references to the “Investor” shall include such Funds. Any such designation shall not relieve WLR Recovery Fund IV, L.P. of its obligations hereunder.
AutoNDA by SimpleDocs
Designations of Investors. Prior to each Subsequent Closing, WLR may designate by written notice to the Company one or more WLR Funds to act as the Investor for purposes of such Subsequent Closing. Such notice will state the portion of the Subsequent Shares to be purchased at such Subsequent Closing by each such WLR Fund. To the extent one or more WLR Funds is designated as the Investor for purposes of a Susequent Closing, all references to the “Investor” shall include such Funds. Any such designation shall not relieve WLR Recovery Fund IV, L.P. of its obligations hereunder.

Related to Designations of Investors

  • Obligations of Investment Adviser (A) SERVICES. Adviser agrees to perform the following services (the "Services") for the Company:

  • Terms of Investment (a) In order to help reasonably address the risk of undue influence on an Acquired Fund by an Acquiring Fund, and to assist the Acquired Fund’s investment adviser with making the required findings under the Rule, each Acquiring Fund and each Acquired Fund agree as follows:

  • Representations of the Holders (a) Each of the initial Holders hereby represents and warrants to, and covenants with each other Holder that, as of the date hereof:

  • Purchase of Investments Pursuant to Instruction, Investments purchased for the account of the Fund shall be paid for (a) against delivery thereof to the Custodian or a Subcustodian, as the case may be, either directly or through a Clearing Corporation or a Securities Depository (in accordance with the rules of such Securities Depository or such Clearing Corporation), or (b) otherwise in accordance with an Instruction, Applicable Law, generally accepted trade practices, or the terms of the instrument representing such Investment.

  • Representations of the Note Holders Each Note Holder represents and warrants that the execution, delivery and performance of this Agreement is within its corporate powers, has been duly authorized by all necessary corporate action, and does not contravene such Note Holder’s charter or any law or contractual restriction binding upon such Note Holder, and that this Agreement is the legal, valid and binding obligation of such Note Holder enforceable against such Note Holder in accordance with its terms, except as such enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally, and by general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law), and except that the enforcement of rights with respect to indemnification and contribution obligations may be limited by applicable law. Each Note Holder represents and warrants that it is duly organized, validly existing, in good standing and in possession of all licenses and authorizations necessary to carry on its business. Each Note Holder represents and warrants that (a) this Agreement has been duly executed and delivered by such Note Holder, (b) to such Note Holder’s actual knowledge, all consents, approvals, authorizations, orders or filings of or with any court or governmental agency or body, if any, required for the execution, delivery and performance of this Agreement by such Note Holder have been obtained or made and (c) to such Note Holder’s actual knowledge, there is no pending action, suit or proceeding, arbitration or governmental investigation against such Note Holder, an adverse outcome of which would materially and adversely affect its performance under this Agreement.

  • Determinations of Initial Borrowing Conditions For purposes of determining compliance with the conditions specified in Section 3.1, each Lender shall be deemed to be satisfied with each document and each other matter required to be satisfactory to such Lender unless, prior to the Closing Date, the Administrative Agent receives notice from such Lender specifying such Lender’s objections and such Lender has not made available its Pro Rata Share of any Borrowing scheduled to be made on the Closing Date.

  • Representations of the Borrower The Borrower represents and warrants that:

  • Obligations of the Holders In connection with the registration of the Registrable Securities, the Holders shall have the following obligations:

  • Duties of Investment Manager In carrying out its obligation under paragraph 1 hereof, the Investment Manager shall:

  • Representations of the Holder In connection with the issuance of this Warrant, the Holder specifically represents, as of the date hereof, to the Company by acceptance of this Warrant as follows:

Time is Money Join Law Insider Premium to draft better contracts faster.