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, AXXX and Dolce shall reasonably agree. Whenever in this 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 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.
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, AXXX ADAH and Dolce shall reasonably agree. Whenever in this Agreement any 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 '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.
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, Company and AXXX and Dolce shall reasonably agree. Whenever in this 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 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.
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, AXXX Company and Dolce ADAH shall reasonably agree. Whenever in this 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 '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.
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, AXXX the Investor and Dolce Highland Capital shall reasonably agree. Whenever in this 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 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.
Appears in 1 contract
Samples: Delphi Highland Equity Purchase and Commitment Agreement (Highland Capital 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, AXXX ADAH and Dolce shall reasonably agree. Whenever in this Agreement 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 '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.)