Production of Witnesses. At all times from and after the Distribution Date, upon reasonable request: (a) FTAI Infrastructure shall use commercially reasonable efforts to make available, or cause to be made available, to any member of the FTAI Group, the directors, officers, employees, managers, trustees and agents of any member of the FTAI Infrastructure Group as witnesses to the extent that the same may reasonably be required by the requesting party (giving consideration to business demands of such directors, officers, employees, managers, trustees and agents) in connection with any legal, administrative or other proceeding in which the requesting party may from time to time be involved, except in the case of any Action in which any member of the FTAI Infrastructure Group is adverse to any member of the FTAI Group; and (b) FTAI shall use commercially reasonable efforts to make available, or cause to be made available, to any member of the FTAI Infrastructure Group, the directors, officers, employees, managers, trustees and agents of any member of the FTAI Group as witnesses to the extent that the same may reasonably be required by the requesting party (giving consideration to business demands of such directors, officers, employees, managers, trustees and agents) in connection with any legal, administrative or other proceeding in which the requesting party may from time to time be involved, except in the case of any Action in which any member of the FTAI Group is adverse to any member of the FTAI Infrastructure Group. (c) The requesting Party shall bear all reasonable costs and expenses in connection with any production of witnesses under this Section 8.6.
Appears in 3 contracts
Samples: Separation and Distribution Agreement (Fortress Transportation & Infrastructure Investors LLC), Separation and Distribution Agreement (FTAI Infrastructure Inc.), Separation and Distribution Agreement (FTAI Infrastructure LLC)
Production of Witnesses. At all times from and after the Distribution Date, upon reasonable request:
(a) FTAI Infrastructure Ashford Inc. shall use commercially reasonable efforts to make available, or cause to be made available, to any member of the FTAI Ashford Trust Group, the directors, officers, employees, managers, trustees employees and agents of any member of the FTAI Infrastructure Ashford Inc. Group as witnesses to the extent that the same may reasonably be required by the requesting party (giving consideration to business demands of such directors, officers, employees, managers, trustees employees and agents) in connection with any legal, administrative or other proceeding in which the requesting party may from time to time be involved, except in the case of any Action action, suit or proceeding in which any member of the FTAI Infrastructure Ashford Inc. Group is adverse to any member of the FTAI Ashford Trust Group; and
(b) FTAI Ashford Trust shall use commercially reasonable efforts to make available, or cause to be made available, to any member of the FTAI Infrastructure Ashford Inc. Group, the directors, officers, employees, managers, trustees employees and agents of any member of the FTAI Ashford Trust Group as witnesses to the extent that the same may reasonably be required by the requesting party (giving consideration to business demands of such directors, officers, employees, managers, trustees employees and agents) in connection with any legal, administrative or other proceeding in which the requesting party may from time to time be involved, except in the case of any Action action, suit or proceeding in which any member of the FTAI Ashford Trust Group is adverse to any member of the FTAI Infrastructure Ashford Inc. Group.
(c) The requesting Party shall will bear all reasonable out-of-pocket costs and expenses that the other Party incurs in connection with any production of witnesses a request under this Section 8.6.
Appears in 3 contracts
Samples: Separation and Distribution Agreement (Ashford Inc), Separation and Distribution Agreement (Ashford Hospitality Trust Inc), Separation and Distribution Agreement (Ashford Inc)
Production of Witnesses. At all times from and after the Distribution Date, upon reasonable request:
(a) FTAI Infrastructure Each of SpinCo and SpinCo OP shall use commercially reasonable efforts to make available, or cause to be made available, to any member of the FTAI DevCo Group, the directors, officers, employees, managers, trustees trustees, and agents of any member of the FTAI Infrastructure SpinCo Group as witnesses to the extent that the same may reasonably be required by the requesting party (giving consideration to business demands of such directors, officers, employees, managers, trustees trustees, and agents) in connection with any legal, administrative or other proceeding in which the requesting party may from time to time be involved, except in the case of any Action action, suit or proceeding in which any member of the FTAI Infrastructure SpinCo Group is adverse to any member of the FTAI DevCo Group; and
(b) FTAI Each of DevCo and DevCo OP shall use commercially reasonable efforts to make available, or cause to be made available, to any member of the FTAI Infrastructure SpinCo Group, the directors, officers, employees, managers, trustees trustees, and agents of any member of the FTAI DevCo Group as witnesses to the extent that the same may reasonably be required by the requesting party (giving consideration to business demands of such directors, officers, employees, managers, trustees trustees, and agents) in connection with any legal, administrative or other proceeding in which the requesting party may from time to time be involved, except in the case of any Action action, suit or proceeding in which any member of the FTAI DevCo Group is adverse to any member of the FTAI Infrastructure SpinCo Group.
(c) The requesting Party shall bear all reasonable costs and expenses in connection with any production of witnesses under this Section 8.6therewith.
Appears in 2 contracts
Samples: Separation and Distribution Agreement (Aimco OP L.P.), Separation and Distribution Agreement (Aimco OP L.P.)
Production of Witnesses. At all times from and after the Distribution Date, upon reasonable request:
(a) FTAI Infrastructure Each of SpinCo and SpinCo OP shall use commercially reasonable efforts to make available, or cause to be made available, to any member of the FTAI DevCo Group, the directors, officers, employees, managers, trustees trustees, and agents of any member of the FTAI Infrastructure SpinCo Group as witnesses to the extent that the same may reasonably be required by the requesting party (giving consideration to business demands of such directors, officers, employees, managers, trustees trustees, and agents) in connection with any legal, administrative or other proceeding in which the requesting party may from time to time be involved, except in the case of any Action action, suit or proceeding in which any member of the FTAI Infrastructure SpinCo Group is adverse to any member of the FTAI DevCo Group; and
(b) FTAI Each of DevCo and DevCo OP shall use commercially reasonable efforts to make available, or cause to be made available, to any member of the FTAI Infrastructure SpinCo Group, the directors, officers, employees, managers, trustees trustees, and agents of any member of the FTAI DevCo Group as witnesses to the extent that the same may reasonably be required by the requesting party (giving consideration to business demands of such directors, officers, employees, managers, trustees trustees, and agents) in connection with any legal, administrative or other proceeding in which the requesting party may from time to time be involved, except in the case of any Action action, suit or proceeding in which any member of the FTAI DevCo Group is adverse to any member of the FTAI Infrastructure SpinCo Group.
(c) The requesting Party shall bear all reasonable costs and expenses in connection with any production of witnesses under this Section 8.6therewith.
Appears in 2 contracts
Samples: Separation and Distribution Agreement (Aimco OP L.P.), Separation and Distribution Agreement (Aimco Properties L.P.)
Production of Witnesses. At all times from and after the Distribution Date, upon reasonable request:
(a) FTAI Infrastructure Each of SpinCo and SpinCo OC shall use commercially reasonable efforts to make available, or cause to be made available, to any member of the FTAI FHP Group, the directors, officers, employees, managers, trustees trustees, and agents of any member of the FTAI Infrastructure SpinCo Group as witnesses to the extent that the same may reasonably be required by the requesting party (giving consideration to business demands of such directors, officers, employees, managers, trustees trustees, and agents) in connection with any legal, administrative or other proceeding in which the requesting party may from time to time be involved, except in the case of any Action action, suit or proceeding in which any member of the FTAI Infrastructure SpinCo Group is adverse to any member of the FTAI FHP Group; and
(b) FTAI Each of FHP and FHP OP shall use commercially reasonable efforts to make available, or cause to be made available, to any member of the FTAI Infrastructure SpinCo Group, the directors, officers, employees, managers, trustees trustees, and agents of any member of the FTAI FHP Group as witnesses to the extent that the same may reasonably be required by the requesting party (giving consideration to business demands of such directors, officers, employees, managers, trustees trustees, and agents) in connection with any legal, administrative or other proceeding in which the requesting party may from time to time be involved, except in the case of any Action action, suit or proceeding in which any member of the FTAI FHP Group is adverse to any member of the FTAI Infrastructure SpinCo Group.
(c) The requesting Party shall bear all reasonable costs and expenses in connection with any production of witnesses under this Section 8.6therewith.
Appears in 1 contract
Samples: Separation and Distribution Agreement (Freehold Properties, Inc.)