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).
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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”).
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”).

Related to Investment Banker Retention

  • Rating Letters Solely with respect to the initial advance to be made by each Conduit Lender, the applicable Agent shall have received a letter from each applicable Rating Agency confirming its rating of such Conduit Lender;

  • Collateralization of Obligations Extending Beyond Maturity If Borrower has not secured to Bank’s satisfaction its obligations with respect to any Ancillary Services by the Revolving Maturity Date, then, effective as of such date, the balance in any deposit accounts held by Bank and the certificates of deposit or time deposit accounts issued by Bank in Borrower’s name (and any interest paid thereon or proceeds thereof, including any amounts payable upon the maturity or liquidation of such certificates or accounts), shall automatically secure such obligations to the extent of the then continuing or outstanding Ancillary Services. Borrower authorizes Bank to hold such balances in pledge and to decline to honor any drafts thereon or any requests by Borrower or any other Person to pay or otherwise transfer any part of such balances for so long as the applicable Ancillary Services are outstanding or continue.

  • FINANCIAL REPORTING; MONEY MARKET FUND SERVICES BNY Mellon shall provide the following financial reporting services for each Fund: § Financial Statement Preparation & Review · Prepare the Fund’s annual and semi-annual shareholder reports1 1 Requires “Typesetting Services” as described herein. for shareholder delivery and for inclusion in Form N-CSR; · Prepare the Fund’s fiscal quarterly schedule of portfolio holdings1 for inclusion in Form N-Q; · Prepare, circulate and maintain the Fund’s financial reporting production calendar and track status of reporting cycles; · Coordinate N-SAR surveys; prepare and file (or coordinate the filing of) the Fund’s Form N-SAR; and · Prepare and coordinate the filing of the Fund’s monthly website files and Form N-MFP, as applicable to money market funds. § Typesetting Services · Create financial compositions for the applicable financial report and related EDGAR files; · Maintain country codes, industry class codes, security class codes and state codes; · Map individual general ledger accounts into master accounts to be displayed in the applicable financial reports; · Create components that will specify the proper grouping and sorting for display of portfolio information; · Create components that will specify the proper calculation and display of financial data required for each applicable financial report (except for identified manual entries, which BNY Mellon will enter); · Process, convert and load security and general ledger data; · Include data in financial reports provided from external parties to BNY Mellon which includes, but is not limited to: shareholder letters, “Management Discussion and Analysis” commentary, notes on performance, form of notes to financials, report of independent auditors, Fund management listing, service providers listing and Fund spectrums; · Generate financial reports using the Vendor’s capabilities which include the following: o table of contents; o schedules of investments; o statement of net assets; o statements of assets and liabilities; o statements of operation; o statements of changes; o statements of cash flows; o financial highlights; o notes to financial statements; o report of independent registered public accounting firm; o tax information; and o additional Fund information as mutually agreed in writing between BNY Mellon and a Fund. · Unless mutually agreed in writing between BNY Mellon and a Fund, solely with respect to typesetting services, BNY Mellon will use the same layout and format for every successive reporting period for the typeset reports. At the request of a Fund and upon the mutual written agreement of BNY Mellon and the Fund as to the scope of any changes and additional compensation of BNY Mellon, BNY Mellon will, or will cause the Vendor to, change the format or layout of reports from time to time.

  • Fund Administration Money Market Fund Services Subject to the authorization and direction of the Trust, the Administrator will provide the money market fund services set forth on Schedule A(i) (the “Money Market Services”) to the Trusts listed on Exhibit A hereto assist the Trusts in complying with certain of the compliance testing and reporting requirements applicable to the Trusts that are “money market funds” within the meaning of Rule 2a-7 under the 1940 Act.

  • Single Premium Credit Life Insurance None of the proceeds of the Mortgage Loan were used to finance single-premium credit life insurance policies.

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