Knowledge; Sole Discretion. The phrase "knowledge of the Company" and similar phrases shall mean the actual knowledge of the Chief Restructuring Officer of the Company and such other officers as the Company, ADAH and Dolce shall reasonably agree. Whenever in this Agrexxxxt any party is permitted to take an action or make a decision in its "sole discretion," the parties hereto acknowledge that such party is entitled to make such decision or take such action in such party's sole and absolute and unfettered discretion and shall be entitled to make such decision or take such action without regard for the interests of any other party and for any reason or no reason whatsoever. Each party hereto acknowledges, and agrees to accept, all risks associated with the granting to the other parties of the ability to act in such unfettered manner. [Signature Page Follows]
Appears in 1 contract
Samples: Equity Purchase and Commitment Agreement (Harbinger Capital Partners Master Fund I, Ltd.)
Knowledge; Sole Discretion. The phrase "knowledge of the Company" and similar phrases shall mean the actual knowledge of the Chief Restructuring Officer of the Company and such other officers as the Company, Company and ADAH and Dolce shall reasonably agree. Whenever in this Agrexxxxt Agreement any party pxxxx is permitted to take an action or make a decision in its "sole discretion," the parties hereto acknowledge that such party is entitled to make such decision or take such action in such party's sole and absolute and unfettered discretion and shall be entitled to make such decision or take such action without regard for the interests of any other party and for any reason or no reason whatsoever. Each party hereto acknowledges, and agrees to accept, all risks associated with the granting to the other parties of the ability to act in such unfettered manner. [Signature Page Follows].
Appears in 1 contract
Samples: Equity Purchase and Commitment Agreement (Appaloosa Management Lp)
Knowledge; Sole Discretion. The phrase "“knowledge of the Company" ” and similar phrases shall mean the actual knowledge of the Chief Restructuring Officer of the Company and such other officers as the Company, ADAH Company and Dolce AXXX shall reasonably agree. Whenever in this Agrexxxxt Agreement any party is permitted to take an action or make a decision in its "“sole discretion," ” the parties hereto acknowledge that such party is entitled to make such decision or take such action in such party's ’s sole and absolute and unfettered discretion and shall be entitled to make such decision or take such action without regard for the interests of any other party and for any reason or no reason whatsoever. Each party hereto acknowledges, and agrees to accept, all risks associated with the granting to the other parties of the ability to act in such unfettered manner. [Signature Page Follows].
Appears in 1 contract
Samples: Equity Purchase and Commitment Agreement (Delphi Corp)
Knowledge; Sole Discretion. The phrase "“knowledge of the Company" ” and similar phrases shall mean the actual knowledge of the Chief Restructuring Officer of the Company and such other officers as the Company, ADAH AXXX and Dolce shall reasonably agree. Whenever in this Agrexxxxt Agreement any party is permitted to take an action or make a decision in its "“sole discretion," ” the parties hereto acknowledge that such party is entitled to make such decision or take such action in such party's ’s sole and absolute and unfettered discretion and shall be entitled to make such decision or take such action without regard for the interests of any other party and for any reason or no reason whatsoever. Each party hereto acknowledges, and agrees to accept, all risks associated with the granting to the other parties of the ability to act in such unfettered manner. [Signature Page Follows].
Appears in 1 contract
Samples: Equity Purchase and Commitment Agreement (Delphi Corp)
Knowledge; Sole Discretion. The phrase "knowledge of the Company" and similar phrases shall mean the actual knowledge of the Chief Restructuring Officer of the Company and such other officers as the Company, ADAH and Dolce shall reasonably agree. Whenever in this Agrexxxxt any Agreement xxx party is permitted to take an action or make a decision in its "sole discretion," the parties hereto acknowledge that such party is entitled to make such decision or take such action in such party's sole and absolute and unfettered discretion and shall be entitled to make such decision or take such action without regard for the interests of any other party and for any reason or no reason whatsoever. Each party hereto acknowledges, and agrees to accept, all risks associated with the granting to the other parties of the ability to act in such unfettered manner. [Signature Page Follows].
Appears in 1 contract
Samples: Equity Purchase and Commitment Agreement (Appaloosa Management Lp)
Knowledge; Sole Discretion. The phrase "“knowledge of the Company" ” and similar phrases shall mean the actual knowledge of the Chief Restructuring Officer of the Company and such other officers as the Company, ADAH the Investor and Dolce Highland Capital shall reasonably agree. Whenever in this Agrexxxxt Agreement any party is permitted to take an action or make a decision in its "“sole discretion," ” the parties hereto acknowledge that such party is entitled to make such decision or take such action in such party's ’s sole and absolute and unfettered discretion and shall be entitled to make such decision or take such action without regard for the interests of any other party and for any reason or no reason whatsoever. Each party hereto acknowledges, and agrees to accept, all risks associated with the granting to the other parties of the ability to act in such unfettered manner. [Signature Page Follows].
Appears in 1 contract
Samples: Equity Purchase and Commitment Agreement (Highland Capital Management Lp)