Rights, Powers, etc Clause Samples

Rights, Powers, etc. Upon the acceptance of any appointment as Agent hereunder by a successor Agent, such successor Agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring Agent, and the retiring Agent shall be discharged from its duties and obligations under this Agreement. After any retiring Agent’s resignation or removal hereunder as Agent, the provisions of this Article 8 shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Agent under this Agreement.

Rights, Powers, etc. Upon the acceptance of any appointment as an Agent hereunder by a successor Agent, such successor Agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring Agent, and the retiring Agent shall be discharged from its duties and obligations under this Agreement. After any retiring Agent's resignation or removal hereunder as Agent, the provisions of this

Rights, Powers, etc. The designations, powers, preferences, rights, qualifications, limitations and restrictions in respect of each class and series of authorized capital stock of the Company (i) as of the date hereof are as set forth in the Company's Amended and Restated Certificate of Incorporation, a copy of which has been filed with the Filed SEC Documents, and, (ii) at the Closing will be as set forth in the Company's Amended and Restated Certificate of Incorporation and in the Certificate of Amendment (collectively, the "Certificate of Incorporation") and at the Closing all such designations, powers, preferences, rights, qualifications, limitations and restrictions shall be valid, binding and enforceable and in accordance with all applicable laws (subject, as to enforcement, to the discretion of the courts in awarding equitable relief and to applicable bankruptcy, reorganization, insolvency, moratorium and similar laws affecting the rights of creditors generally). Except as provided for in this Agreement, other than pursuant to the Nomination Agreement, dated as of the June 30, 1999 (the "▇▇▇▇▇▇▇▇▇ Agreement"), by and among ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ (hereinafter collectively referred to as the "Mellingers") and the Company, a copy of which has been filed with the Filed SEC Documents, the rights under which have been waived by the Mellingers with respect to the issuance of the Securities hereunder, and other than the Engagement Letter (the "▇▇▇▇▇▇ Capital Engagement Letter") dated as of February 8, 2000, between the Company and ▇▇▇▇▇▇ Capital Corporation ("▇▇▇▇▇▇ Capital"), pursuant to which ▇▇▇▇▇▇ Capital will be issued a warrant to purchase (x) 167,279 shares of Common Stock if 7,500,000 shares of Series A Preferred Stock and Warrants to purchase 3,750,000 shares of Common Stock are issued hereunder, or (y) 188, 287 shares of Common Stock if 10,000,000 shares of Series A Preferred Stock and Warrants to purchase 5,000,000 shares of Common Stock are issued hereunder, (i) no subscription, warrant, option, convertible security or other right (contingent or otherwise and including without limitation preemptive rights or any other rights to acquire equity securities of the Company, whether pursuant to any "anti-dilution" provision or otherwise) to purchase or otherwise acquire equity securities of the Company is authorized or outstanding (whether contractual or otherwise), (ii) there is no commitment by the Co...

Rights, Powers, etc. Upon the acceptance of any appointment as Administrative Agent or the Administrative Agent For Combined Lenders hereunder by a successor Administrative Agent or successor Administrative Agent For Combined Lenders, as applicable, such successor Administrative Agent or successor Administrative Agent For Combined Lenders, as applicable, shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring Administrative Agent or the retiring Administrative Agent For Combined Lenders, as applicable, and the retiring Administrative Agent and the retiring Administrative Agent For Combined Lenders, as applicable, shall be discharged from its duties and obligations under this Agreement and the other Financing Documents. After any retiring Administrative Agent's resignation or removal hereunder as Administrative Agent or the resignation or removal of any Administrative Agent For Combined Lenders as Administrative Agent For Combined Lenders, the provisions of this Article VII shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Administrative Agent or the Administrative Agent For Combined Lenders, as applicable, under this Agreement.