Investment Banker Retention Sample Clauses

Investment Banker Retention. The Borrower shall, no later than July 21, 2023 (or such later date as shall be agreed in writing by the Required Lenders) enter into a written engagement letter on terms, scope and conditions acceptable to Required Lenders to retain and engage a qualified and experienced investment banking firm (the “Investment Banker”) to explore and evaluate potential major strategic transactions (including a Specified Refinancing Transaction in connection therewith), and Borrower shall continue to retain such Investment Banker, or another investment banking firm acceptable to Required Lenders on terms, scope and conditions acceptable to Required Lenders, to perform the investment banking services described above, and in no event shall such engagement, such written engagement letter nor the scope of the role of such Investment Banker be terminated or otherwise modified in any way without the prior written consent of the Required Lenders in their sole discretion. From and after the date of the engagement of the Investment Banker, the Borrower irrevocably authorizes, and shall cause, Investment Banker to: (A) disclose fully and promptly to the Agent, the Lenders and their respective representatives, advisors and consultants all material developments in connection with the efforts of the Loan Parties and Investment Banker with respect to potential major strategic transactions and (B) regularly consult with, and respond to the inquiries of, the Agent, the Lenders and their respective representatives, advisors and consultants concerning any and all matters relating to the affairs, finances and businesses of the Loan Parties, the assets and capital stock of the Loan Parties, any aspect of the marketing and sale of the Loan Parties’ businesses and/or assets and Investment Banker’s activities related thereto (including, without limitation, communications outside the presence of any representatives of any Loan Party).
Sample 1Sample 2
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Investment Banker Retention. By April 20, 2023 (or such later date as approved by the New Senior Credit Agreement’s administrative agent), the Loan Parties shall retain (and thereafter continue to retain) an investment banker (the “Investment Banker”) reasonably acceptable to Borrower Representative and the New Senior Credit Agreement’s Agents and Required Lenders and on terms acceptable to such New Senior Credit Agreement’s Agents and Required Lenders and Borrower Representative. Such Investment Banker shall be retained for the purposes set forth in its retention agreement (in form and substance acceptable to the New Senior Credit Agreement’s Agents and Required Lenders) and Borrower Representative, which shall include undertaking the preparation for a potential transaction involving Ultimate Holdings and its Subsidiaries (the “IB Engagement”).
Sample 1
Investment Banker Retention. By April 20, 2023, the Loan Parties shall retain (and thereafter continue to retain) an investment banker (the “Investment Banker”) reasonably acceptable to the Agents and Required Lenders and on terms acceptable to the Agents and Required Lenders. Such Investment Banker shall be retained for the purposes set forth in its retention agreement (in form and substance acceptable to the Agents and Required Lenders), which shall include undertaking the preparation for a potential transaction involving Holdings and its Subsidiaries (the “IB Engagement”).
Sample 1

Related to Investment Banker Retention

  • Finders and Investment Bankers Neither Purchaser, Merger Sub nor any of their respective officers or directors has employed any broker or finder or otherwise incurred any liability for any brokerage fees, commissions or finders, fees in connection with the transactions contemplated hereby.

  • Brokers, Finders and Investment Bankers Neither the Purchaser, nor an officer, director or employee of the Purchaser nor any Affiliate of the Purchaser, has employed any broker, finder or investment banker or incurred any liability for any investment banking fees, financial advisory fees, brokerage fees or finders’ fees in connection with the transactions contemplated hereby.

  • Investment Banking Services Except as described in the Registration Statement, the Statutory Prospectus and the Prospectus, during the period beginning 180 days prior to the initial confidential submission of the Registration Statement and ending on the Effective Date, no Member and/or any person associated or affiliated with a Member has provided any investment banking, financial advisory and/or consulting services to the Company.

  • Collateral Management Fee Borrower shall pay Lender as additional interest a monthly collateral management fee (the “Collateral Management Fee”) equal to .083% per month calculated on the basis of the daily average amount of the balances under the Revolving Facility outstanding during the preceding month. The Collateral Management Fee shall be payable monthly in arrears on the first day of each successive calendar month (starting with the month in which the Closing Date occurs).

  • Investment Management Fee For services provided under subparagraph (b) of paragraph 1 of this Agreement, the Advisor agrees to pay the Sub-Advisor a monthly Investment Management Fee. The Investment Management Fee shall be equal to: (i) 50% of the monthly management fee rate (including performance adjustments, if any) that the Portfolio is obligated to pay the Advisor under its Management Contract with the Advisor, multiplied by: (ii) the fraction equal to the net assets of the Portfolio as to which the Sub-Advisor shall have provided investment management services divided by the net assets of the Portfolio for that month. If in any fiscal year the aggregate expenses of the Portfolio exceed any applicable expense limitation imposed by any state or federal securities laws or regulations, and the Advisor waives all or a portion of its management fee or reimburses the Portfolio for expenses to the extent required to satisfy such limitation, the Investment Management Fee paid to the Sub-Advisor will be reduced by 50% of the amount of such waivers or reimbursements multiplied by the fraction determined in (ii). If the Sub-Advisor reduces its fees to reflect such waivers or reimbursements and the Advisor subsequently recovers all or any portion of such waivers and reimbursements, then the Sub-Advisor shall be entitled to receive from the Advisor a proportionate share of the amount recovered. To the extent that waivers and reimbursements by the Advisor required by such limitations are in excess of the Advisor's management fee, the Investment Management Fee paid to the Sub-Advisor will be reduced to zero for that month, but in no event shall the Sub-Advisor be required to reimburse the Advisor for all or a portion of such excess reimbursements.

  • Performance Bond and Payment Bond The Contractor shall furnish both a performance bond and a payment bond in the exact form set forth in Section 7, (Forms) of these General Conditions.

  • Relations Among Lenders (A) Except with respect to the exercise of set-off rights of any Lender in accordance with Section 12.1, the proceeds of which are applied in accordance with this Agreement, and except as set forth in the following sentence, each Lender agrees that it will not take any action, nor institute any actions or proceedings, against the Borrower or any other obligor hereunder or with respect to any Loan Document, without the prior written consent of the Required Lenders or, as may be provided in this Agreement or the other Loan Documents, at the direction of the Agent. (B) The Lenders are not partners or co-venturers, and no Lender shall be liable for the acts or omissions of, or (except as otherwise set forth herein in case of the Agent) authorized to act for, any other Lender. The Agent shall have the exclusive right on behalf of the Lenders to enforce on the payment of the principal of and interest on any Loan after the date such principal or interest has become due and payable pursuant to the terms of this Agreement.

  • Relation Among Lenders The Lenders are not partners or co-venturers, and no Lender shall be liable for the acts or omissions of, or (except as otherwise set forth herein in case of the Agent) authorized to act for, any other Lender.

  • Investment Advisory Facilities The Sub-Adviser, at its expense, will furnish all necessary investment facilities, including salaries of personnel, required for it to execute its duties hereunder.

  • Availability Control Personal Data will be protected against accidental or unauthorized destruction or loss.

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