Common use of Role of Agent Clause in Contracts

Role of Agent. Xxxxxx Xxxxxxx & Co. LLC (“MS&CO”) is acting as agent for both parties but does not guarantee the performance of either party. (i) Neither Dealer nor Company shall contact the other with respect to any matter relating to the Transaction without the direct involvement of MS&CO; (ii) MS&CO, Dealer and Company each hereby acknowledges that any transactions by Dealer or MS&CO with respect to Shares will be undertaken by Dealer as principal for its own account; (iii) all of the actions to be taken by Dealer and MS&CO in connection with the Transaction shall be taken by Dealer or MS&CO independently and without any advance or subsequent consultation with Company; and (iv) MS&CO is hereby authorized to act as agent for Company only to the extent required to satisfy the requirements of Rule 15a-6 under the Exchange Act in respect of the Transaction.

Appears in 18 contracts

Samples: Warrant Agreement (Integra Lifesciences Holdings Corp), Warrant Agreement (Integra Lifesciences Holdings Corp), Warrant Agreement (Chart Industries Inc)

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Role of Agent. Xxxxxx Xxxxxxx & Co. LLC (“MS&CO”) is acting as agent for both parties but does not guarantee the performance of either party. (i) Neither Dealer nor Company Counterparty shall contact the other with respect to any matter relating to the Transaction without the direct involvement of MS&CO; (ii) MS&CO, Dealer and Company Counterparty each hereby acknowledges that any transactions by Dealer or MS&CO with respect to Shares will be undertaken by Dealer as principal for its own account; (iii) all of the actions to be taken by Dealer and MS&CO in connection with the Transaction shall be taken by Dealer or MS&CO independently and without any advance or subsequent consultation with CompanyCounterparty; and (iv) MS&CO is hereby authorized to act as agent for Company Counterparty only to the extent required to satisfy the requirements of Rule 15a-6 under the Exchange Act in respect of the Transaction.

Appears in 10 contracts

Samples: Call Option Transaction (Atlas Air Worldwide Holdings Inc), Base Call Option Transaction (Atlas Air Worldwide Holdings Inc), Call Option Transaction (Ezcorp Inc)

Role of Agent. Xxxxxx Xxxxxxx & Co. LLC (“MS&CO”) is acting as agent for both parties but does not guarantee the performance of either party. (i) Neither Dealer nor Company Counterparty shall contact the other with respect to any matter relating to the Transaction without the direct involvement of MS&CO; (ii) MS&CO, Dealer and Company Counterparty each hereby acknowledges that any transactions by Dealer or MS&CO with respect to Shares will be undertaken by Dealer as principal for its own account; (iii) all of the actions to be taken by Dealer and MS&CO in connection with the Transaction shall be taken by Dealer or MS&CO independently and without any advance or subsequent consultation with CompanyCounterparty; and (iv) MS&CO is hereby authorized to act as agent for Company Counterparty only to the extent required to satisfy the requirements of Rule 15a-6 15a6 under the Exchange Act in respect of the Transaction.

Appears in 4 contracts

Samples: Warrant Agreement (Nevro Corp), Base Call Option Transaction (Nevro Corp), Additional Call Option Transaction (Nevro Corp)

Role of Agent. Xxxxxx Xxxxxxx & Co. LLC ("MS&CO") is acting as agent for both parties but does not guarantee the performance of either party. (i) Neither Dealer nor Company shall contact the other with respect to any matter relating to the Transaction without the direct involvement of MS&CO; (ii) MS&CO, Dealer and Company each hereby acknowledges that any transactions by Dealer or MS&CO with respect to Shares will be undertaken by Dealer as principal for its own account; (iii) all of the actions to be taken by Dealer and MS&CO in connection Connection with the Transaction shall be taken by Dealer or MS&CO independently and without any advance or subsequent consultation with Company; and (iv) MS&CO is hereby authorized to act as agent for Company only to the extent required to satisfy the requirements of Rule 15a-6 under the Exchange Act in respect of the Transaction.

Appears in 2 contracts

Samples: Warrant Confirmation (Healthways, Inc), Warrant Agreement (Healthways, Inc)

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Role of Agent. Xxxxxx Xxxxxxx & Co. LLC ("MS&CO") is acting as agent for both parties but does not guarantee the performance of either party. (i) Neither Dealer nor Company Counterparty shall contact the other with respect to any matter relating to the Transaction without the direct involvement of MS&CO; (ii) MS&CO, Dealer and Company Counterparty each hereby acknowledges that any transactions by Dealer or MS&CO with respect to Shares will be undertaken by Dealer as principal for its own account; (iii) all of the actions to be taken by Dealer and MS&CO in connection Connection with the Transaction shall be taken by Dealer or MS&CO independently and without any advance or subsequent consultation with CompanyCounterparty; and (iv) MS&CO is hereby authorized to act as agent for Company Counterparty only to the extent required to satisfy the requirements of Rule 15a-6 under the Exchange Act in respect of the Transaction.

Appears in 1 contract

Samples: Call Option Transaction (Healthways, Inc)

Role of Agent. Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx & Co. LLC (“MS&CO”) is acting as agent for both parties but does not guarantee the performance of either party. (i) Neither Dealer nor Company shall contact the other with respect to any matter relating to the Transaction without the direct involvement of MS&CO; (ii) MS&CO, Dealer and Company each hereby acknowledges that any transactions by Dealer or MS&CO with respect to Shares will be undertaken by Dealer as principal for its own account; (iii) all of the actions to be taken by Dealer and MS&CO in connection with the Transaction shall be taken by Dealer or MS&CO independently and without any advance or subsequent consultation with Company; and (iv) MS&CO is hereby authorized to act as agent for Company only to the extent required to satisfy the requirements of Rule 15a-6 under the Exchange Act in respect of the Transaction.

Appears in 1 contract

Samples: Warrant Agreement (Albany Molecular Research Inc)

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