Selection of Agents. Custodian may retain and employ such agents as it deems appropriate, including accountants, attorneys and other agents, including any of its affiliates, and may pay reasonable expenses from the Expense Account (as defined below).
Selection of Agents. Following consultation with and approval by the Trust Oversight Committee, the Liquidating Trustee may engage any employee of the Debtors or other persons, and also may engage or retain brokers, banks, custodians, investment and financial advisors, attorneys, accountants and other advisors and agents (including professionals formerly or currently retained by the Committee, Trust Oversight Committee, or the Debtors), in each case without Bankruptcy Court approval. The Liquidating Trustee may pay the salaries, fees and expenses of such Persons from amounts in the Liquidating Trust Operating Expenses Reserve, or, if such amounts are insufficient therefor, out of the Liquidating Trust Assets or proceeds thereof. In addition, the parties acknowledge that Liquidating Trust Assets may be advanced to satisfy such salaries, fees and expenses. The Liquidating Trustee shall not be liable for any loss to the Liquidating Trust or any person interested therein by reason of any mistake or default of any such Person referred to in this Section 2.6 selected by the Liquidating Trustee in good faith and without either gross negligence or intentional malfeasance.
Selection of Agents. The Litigation Trustee, on behalf of the Litigation Trust, may, in consultation with the Oversight Committee, employ, without further order of the Bankruptcy Court, professionals (including Professionals previously or presently retained by the Creditors’ Committee and/or the Oversight Committee) to assist in carrying out its duties hereunder and may compensate and reimburse the reasonable expenses of these professionals without further order of the Bankruptcy Court from the Litigation Trust Assets in accordance with the Plan and the Litigation Trust Agreement. The Litigation Trustee may pay the salaries, fees and expenses of such persons or entities from the Litigation Trust Assets or proceeds thereof. In addition, the parties acknowledge that Litigation Trust Assets may be advanced to satisfy such salaries, fees and expenses. The Litigation Trustee shall not be liable for any loss to the Litigation Trust or any person interested therein by reason of any mistake or default of any such person or entity referred to in this Section 2.6 selected by the Litigation Trustee in good faith and without gross negligence.
Selection of Agents. Agent is authorized to retain and employ such agents as it deems appropriate, including accountants, attorneys and Agent’s affiliate, M&I Investment
Selection of Agents. The Creditor Trustee may select and employ, and determine compensation for, any professionals, including accountants, financial advisors, legal advisors, brokers, consultants, custodians, investment advisors, asset services, auditors, and other agents, as the Creditor Trustee deems necessary (collectively, the “Trust Professionals”) to assist it in carrying out his duties and the Creditor Distribution Trust Functions, with the reasonable fees and expenses of such professionals to be paid by the Creditor Distribution Trust. The Creditor Trustee shall not be liable for any loss to the Debtors, the Dissolving Debtors, or the Creditor Distribution Trust or any person interested therein, including Beneficiaries, by reason of any mistake or default of any such agent or consultant.
Selection of Agents. The Company shall submit the names of its agents to the Corporation from which the Corporation may select individuals to represent it as independent contractors in the sale of insurance policies and/or annuity contracts issued by the Corporation. The Corporation and each agent selected to represent the Corporation shall enter into a separate agreement defining the terms of the agency between the agent and the Corporation.
Selection of Agents. (a) The Manager will exercise due care and diligence in selecting or appointing any broker or other agent to act in relation to the Portfolio and will ensure that the agent has the appropriate expertise, competence and capacity to perform the functions or provide the services for which it is selected or appointed.
(b) The Manager is not authorised to appoint any agent on terms which exclude or limit the liability of that agent for the consequences of any negligence, default, fi-aud or dishonesty on the part of the agent in the performance of the functions or the provision of the services for wliich it is selected or appointed without the prior consent in writing of the Trustee.
(c) The Manager will be responsible for monitoring the performance of the agents selected or appointed under tliis Agreement. At the reasonable request of the Trustee, the Manager will provide details of its internal monitoring procedures and confirm the results of regular agent reviews conducted in accordance with those procedures are satisfactory in all respects. The Manager will also be responsible for assessing and monitoring the creditworthiness ofborrowers, guarantors, issuers of debt securities, acceptors of bills of exchange, counterparties to any over the counter Derivative contracts or other sources of credit risk.
Selection of Agents. The Liquidating Trust Administrator may select and employ, and determine compensation for, law firms, brokers, consultants, custodians, investment advisors, asset services, auditors, accountants, and other agents as the Liquidating Trust Administrator deems necessary (collectively, the “Trustee Professionals”) to assist it in carrying out his duties, with the reasonable fees and expenses of such professionals to be paid by the Liquidating Trust. It is agreed that (a) [●] shall act as general counsel to the Liquidating Trust Administrator, (b) [●] shall act as financial advisor to the Liquidating Trust Administrator (c) Todtman, Nachamie, Spizz & Xxxxx, P.C. (“TNSJ”) shall act as counsel to the Liquidating Trust Administrator in connection with the Claims objection relating to 144 Spring Realty, LLC, (d) TNSJ and Xxxxxxxxx, Xxxxxxx & XxXxxxxx LLP shall act as counsel to the Liquidating Trust Administrator in connection with the Claims objection relating to Xxxxx Xxxxx and Co. Ltd., (e) TNSJ and Xxxxxxx Xxxxx LLP (“Xxxxxxx Xxxxx”) shall act as counsel to the Liquidating Trust Administrator in connection with the Claim objection relating to New Pacific Rodeo LLC, and
Selection of Agents. The Managing Trustee may select and employ brokers, banks, custodians, investment advisors, attorneys, accountants, auditors, and other agents on behalf of the Trust. Except as otherwise required to fulfill the terms hereof, such agents may be employed without regard to prior employment of such agents by any Trust Beneficiary or by the Creditors' Committee. The Managing Trustee may retain as a consultant to the Trust any person or persons having particular knowledge of the Debtors' affairs (including, without limitation, any officer or director or former officer or director of any Debtor or any entity owned by a Debtor), and may place reliance upon the advice of any such person. The Managing Trustee may pay the salaries, fees, and expenses of agents and consultants engaged by the Managing Trustee out of the Trust Assets. No Trustee shall be liable for any loss to the Trust or any person interested therein by reason of any mistake or default of any such agent or consultant as shall be selected and employed or retained without fraud, willful misconduct or without gross negligence.
Selection of Agents. Subject to obtaining the written consent of the Realization Trust Monitoring Committee or authorization from the Bankruptcy Court, the Realization Trustee may select and employ brokers, collection agents, banks, custodians, investment advisors, attorneys, accountants, tax advisors, auditors, and other agents on behalf of the Realization Trust. Except as otherwise required to fulfill the terms hereof, such agents may be employed without regard to prior employment of such agents by any Trust Beneficiary, the Debtors or by the Creditors' Committee. The Realization Trustee may retain as a consultant to the Realization Trust any person or persons having particular knowledge of the Debtors' affairs (including, without limitation, any officer or director or former officer or director of any Debtor or any entity owned by a Debtor), and rely upon the advice of any such person. Subject to obtaining the written consent of the Realization Trust Monitoring Committee or authorization from the Bankruptcy Court upon a determination of reasonableness, the Realization Trustee may pay the salaries, fees, and expenses of agents and consultants engaged by the Realization Trustee out of the Trust Assets. The Realization Trustee shall not be liable for any loss to the Realization Trust or any person interested therein by reason of any mistake or default of any such agent or consultant as shall be selected and employed or retained by the Realization Trustee, except for such of the Trustee's acts or omissions as shall constitute fraud, willful misconduct or gross negligence.
