Retention of Professionals. The Environmental Response Trust Administrative Trustee is authorized to retain on behalf of the Environmental Response Trust and pay such third parties as the Environmental Response Trust Administrative Trustee (in accordance with a budget approved pursuant to Section 3.1 above) may deem necessary or appropriate to assist the Environmental Response Trust Administrative Trustee in carrying out its powers and duties under this Agreement, the Settlement Agreement and the Plan of Liquidation, including, without limitation, (i) counsel to the Environmental Response Trust and/or Environmental Response Trust Administrative Trustee, (ii) a public accounting firm to perform such accounting functions as may be required to
(a) maintain the books and records of the Environmental Response Trust as required by this Agreement or the Settlement Agreement; (b) review and/or audit the financial books and records of the Environmental Response Trust as may be appropriate in the Environmental Response Trust Administrative Trustee’s reasonable discretion; and (c) prepare and file any tax returns or informational returns for the Environmental Response Trust or the Environmental Response Trust Accounts as may be required, and (iii) environmental consultants, custodians, appraisers, security personnel, engineers, surveyors, brokers, contractors, and clerks. The Environmental Response Trust Administrative Trustee may pay all such Persons compensation for services rendered and expenses incurred in accordance with a budget approved as provided in Section 3.1.
Retention of Professionals. As part of the documentation review, the Underwriting Staff must insure the transaction is compliant with the indenture or credit agreement that is applicable for the financing that is being used to fund the transaction.
Retention of Professionals. The Trustee, in his sole and absolute discretion, may retain professionals without notice to, or consent from, the Oversight Committee.
Retention of Professionals. (a) The Liquidating Trust shall have the right to retain such professionals as are necessary and proper to discharge its functions in the ordinary course of business and without any further notice to or action, order, or approval of the Bankruptcy Court.
(b) The Liquidating Trust Board shall adopt reasonable policies regarding the billing practices, hourly rates, discounts and required budget practices of professionals retained to provide services to the Liquidating Trust to ensure the Liquidating Trust receives cost-effective, efficient representation in the best interest of the Liquidating Trust’s Unitholders.
(c) The Liquidating Trust shall not retain any professional who has a conflict of interest without a finding by the Liquidation Trust Manager, as affirmed by the Majority Consent of the Liquidating Trust Board, that: (i) the professional has unique knowledge or specialized skills that warrant retention of the conflicted professional, and (ii) even though such retention may require the retention of a second, unconflicted professional, the Liquidating Trust's interest would be affected adversely if the conflicted professional was not retained.
Retention of Professionals. Subject to obtaining the prior written approval of the Trust Governing Board, the Litigation Trustee may (a) retain such independent experts and advisors (including, but not limited to, counsel, tax advisors, consultants, or other professionals) as the Litigation Trustee deems necessary to aid it in the performance of its duties and responsibilities hereunder and under the Plan and to perform such other functions as may be appropriate in furtherance of the intent and purpose of this Litigation Trust Agreement, and (b) commit the Litigation Trust to provide such professional persons or entities reasonable compensation and reimbursement from the Litigation Trust Assets for services rendered and expenses incurred. The Litigation Trustee will make all reasonable and customary arrangements for payment or reimbursement of such compensation and expenses and will pay the same as Litigation Claims Costs in accordance with the provisions of Sections 4.3 and 4.4 of this Litigation Trust Agreement.
Retention of Professionals. Subject to the limitations of Section 2.1 and Section 2.2, from time to time either Service Recipient may request that during the term of this Agreement the Service Provider act as its agent in connection with such Service Recipient’s retention of certain third party professionals and other service providers which are needed to provide the services to be provided by the Service Provider hereunder. The Service Provider may furnish and receive correspondence, data, instructions and notices on behalf of such Service Recipient but shall not have any authority to execute on such Service Recipient’s behalf, without such Service Recipient’s consent, contracts or engagement agreements with any such professional or service provider which require such Service Recipient to secure the consent or approval of its Board in order to enter into the same, as contemplated by the organizational documents of such Service Recipient or any other agreement to which such Service Recipient is a party (so long as the Service Provider is provided a copy of each such other agreement). All costs or fees payable to such professionals and other service providers shall be borne by the Service Recipient for who such services are performed.
Retention of Professionals. The Active Trustee may consult with legal counsel and with independent public accountants and other professionals or experts. The Active Trustee shall not be liable for any action taken or suffered by him or omitted to be taken by him without willful misconduct in reliance on any opinion or certification of such accountants or in accordance with the advice of such counsel or other professionals or experts, provided that such accountants, counsel and experts were selected and retained in accordance with the Master Settlement Agreement and this MCC Settlement Trust Agreement.
Retention of Professionals. After the Effective Date
Retention of Professionals. GMS Finance may decide to engage outside professional expertise to assist in due diligence and legal aspects of the credit process. Such expertise is often critical and the choice of professional firm plays a significant role in both the quality of the work performed (and therefore the benefit to GMS Finance), as well as the cost to either GMS Finance or our client. All engagements and contracts must be approved in accordance with the relevant Carlyle or GMS Finance policies. Specifically, external vendors must be contracted in accordance with Carlyle’s Vendor Contracts Policy. With respect to engagement of legal counsel, approval of the General Counsel is also required. With respect to engagement of accounting firms, approval of the CFO is also required. This policy does not pertain to situations where the borrower, the sponsor, or an agent bank retains third party professionals upon which GMS Finance will place reliance. The adequacy of such third party input arranged by others is a matter of judgment to be considered in the due diligence process. Carlyle GMS Finance, Inc. 12 Risk Policy Manual – May 2013 Trade Secret and Strictly Confidential
Retention of Professionals. NFIC may decide to engage outside professional expertise to assist in due diligence and legal aspects of the credit process. Such expertise is often critical and the choice of professional firm plays a significant role in both the quality of the work performed (and therefore the benefit to NFIC), as well as the cost to either NFIC or our client. All engagements and contracts must be approved in accordance with the relevant Carlyle or NFIC policies. Specifically, external vendors must be contracted in accordance with Carlyle’s Vendor Contracts Policy. With respect to engagement of legal counsel, approval of the General Counsel, the NFIC President and the NFIC Head of Risk Management are also required. With respect to engagement of accounting firms, approval of the CFO is also required. This policy does not pertain to situations where the borrower, the sponsor, or an agent bank retains third party professionals upon which NFIC will place reliance. The adequacy of such third party input arranged by others is a matter of judgment to be considered in the due diligence process. NF Investment Corp. Risk Policy Manual – September 2013 Trade Secret and Strictly Confidential 25
