REPLACEMENT OF NOMINEE. 23.1 Subject to the terms of the Nominee Agreement, the Company may, at any time and entirely at its discretion, appoint any other person, corporate entity, body or organisation as a replacement Nominee (a "New Nominee") provided that the Company is satisfied that such New Nominee is competent to perform the obligations of the Nominee under this Agreement, and that the New Nominee agrees to be bound by such obligations. 23.2 Upon a New Nominee's acceptance of an appointment pursuant to paragraph 23.1: (a) The New Nominee shall be deemed the Nominee for all purposes of this Agreement, provided, that such New Nominee may choose to make communications and distributions pursuant to methods other than those set forth in this Agreement so long as doing so does not prejudice the substantive interests of the Investor; and (b) The departing Nominee shall cease to be the Nominee and shall no longer be bound by this Agreement.
Appears in 2 contracts
Samples: Investment Agreement, Investment Agreement
REPLACEMENT OF NOMINEE.
23.1 22.1 Subject to the terms of the Nominee Agreement, the Company may, at any time and entirely at its discretion, appoint any other person, corporate entity, body or organisation as a replacement Nominee (a "New Nominee") provided that the Company is satisfied that such New Nominee is competent to perform the obligations of the Nominee under this Agreement, and that the New Nominee agrees to be bound by such obligations.
23.2 22.2 Upon a New Nominee's acceptance of an appointment pursuant to paragraph 23.122.1:
(a) The New Nominee shall be deemed the Nominee for all purposes of this Agreement, provided, that such New Nominee may choose to make communications and distributions pursuant to methods other than those set forth in this Agreement so long as doing so does not prejudice the substantive interests of the Investor; and
(b) The departing Nominee shall cease to be the Nominee and shall no longer be bound by this Agreement.
Appears in 1 contract
Samples: Investment Agreement
REPLACEMENT OF NOMINEE.
23.1 22.1 Subject to the terms of the Nominee Agreement, the Company may, at any time and entirely at its discretion, appoint any other person, corporate entity, body or organisation as a replacement Nominee (a "New Nominee") provided that the Company is satisfied that such New Nominee is competent to perform the obligations of the Nominee under this Agreement, and that the New Nominee agrees to be bound by such obligations.
23.2 22.2 Upon a New Nominee's acceptance of an appointment pursuant to paragraph 23.122.1:
(a) The New Nominee shall be deemed the Nominee for all purposes of this Agreement, provided, that such New Nominee may choose to make communications and distributions pursuant to methods other than those set forth in this Agreement so long as doing so does not prejudice the substantive interests of the Investor; and
(b) The departing Nominee shall cease to be the Nominee and shall no longer be bound by this Agreement.
Appears in 1 contract
Samples: Investment Agreement
REPLACEMENT OF NOMINEE.
23.1 Subject to the terms of the Nominee Agreement, the Company may, at any time and entirely at its discretion, appoint any other person, corporate entity, body or organisation as a replacement Nominee (a "New Nominee") provided that the Company is satisfied that such New Nominee is competent to perform the obligations of the Nominee under this Agreement, and that the New Nominee agrees to be bound by such obligations.
23.2 Upon a New Nominee's acceptance of an appointment pursuant to paragraph 23.1:
(a) The New Nominee shall be deemed the Nominee for all purposes of this Agreement, provided, that such New Nominee may choose to make communications and distributions pursuant to methods other than those set forth in this Agreement so long as doing so does not prejudice the substantive interests of the Investor; and
(b) The departing Nominee shall cease to be the Nominee and shall no longer be bound by this Agreement.
Appears in 1 contract
Samples: Investment Agreement