Special Consultant. If there shall have arisen circumstances which lead the Bank to believe that the Borrower is or will be unable to perform its obligations under this Debenture or any other agreement or security made between the Borrower and the Bank relating to the banking facilities, the Borrower will, notwithstanding that none of the events set out in Clause 15 has occurred, forthwith upon the Bank’s request appoint a Special Consultant nominated by the Bank. In the event of the Borrower failing to make the appointment, the Bank shall be entitled at its discretion at any time thereafter to appoint the Special Consultant on the Borrower’s behalf. The Bank shall have the full discretion to nominate any person the Bank considers suitably qualified to be a Special Consultant and, without limiting the generality of the foregoing, the Bank may for the purpose nominate an accountant, lawyers, banker or engineer. The Special Consultant so appointed (whether by the Borrower or by the Bank on the Borrower’s behalf) shall be agent of the Borrower and the Borrower shall be solely responsible for his acts, defaults and remuneration. The Special Consultant shall perform and carry out all such duties and functions as the Bank may specify which may, without limitation, include the following:- to carry out an audit for the accounts of the Borrower and report the outcome of such audit to the Bank; to verify and submit to the Bank a list of the Borrower’s account receivables; to verify and submit to the Bank a list of the Borrower’s creditors.
Special Consultant. 25.1 If there shall have arisen circumstances which lead the Lender to reasonably determine that the Borrower is or will be unable to perform any of its material obligations under any of the Facility Documents, the Borrower will, notwithstanding that none of the events mentioned in Clause 22.1 has occurred, forthwith upon the Lender's request appoint a Special Consultant nominated by the Lender. In the event of the Borrower failing to make the appointment, the Lender shall be entitled at its discretion at any time thereafter to appoint the Special Consultant on the Borrower's behalf.
Special Consultant. (1) Within ninety (90) days, the Branch shall employ an independent outside consultant (“Consultant”) to review the Branch’s trading company/trade finance portfolio. Prior to employment of the Consultant, the name and the qualifications of the Consultant considered for employment shall be submitted to the Director for prior determination of no supervisory objection. However, failure to exercise any objection shall not constitute approval or endorsement of the Consultant.
Special Consultant. It has been agreed that the senior management team's description of special consultants etc. will be inserted here without this section or salary agreement catalogue otherwise having to be renegotiated. Salary Amount of supplement Base salary Base salary for special consultants, lower, according to the Collective Agreement for State-Employed Academics (Overenskomst for Akademikere i Staten) Individually negotiated supplements for special qualifications Up to DKK 40,000, however at least DKK 15,000 In addition, it is possible to obtain additional individually negotiated supplements (xxxx), cf. Section 2. Special consultants negotiate on their own behalf.
Special Consultant. (1) If there shall have arisen circumstances which lead the Bank to believe that the Borrower is or will be unable to perform its obligations under this Debenture or any other agreement or security made between the Borrower and the Bank relating to the banking facilities, the Borrower will, notwithstanding that none of the events set out in Clause 15 has occurred, forthwith upon the Bank’s request appoint a Special Consultant nominated by the Bank. In the event of the Borrower failing to make the appointment, the Bank shall be entitled at its discretion at any time thereafter to appoint the Special Consultant on the Borrower’s behalf.
Special Consultant. Upon a Termination Event having occurred and is continuing, the Borrower will, forthwith upon any request by the Agent (acting on the instructions of the Majority Lenders), appoint a special consultant (who may be an accountant, lawyer, banker, engineer or any other person which the Agent (acting on the instructions of the Majority Lender) considers suitably qualified to be a special consultant) (the "Special Consultant") nominated by the Agent (acting on the instructions of the Majority Lenders). The Agent may at its absolute discretion immediately after such request make such appointment on the Borrower's behalf. The Special Consultant so appointed shall be the agent of the Borrower and the Borrower shall be solely responsible for his acts, defaults and remuneration. The Special Consultant shall have the following functions:-
Special Consultant. For the time period between the execution of this Separation Agreement by the parties and the Separation Date, Xxxxx will have no duties or reporting obligations other than to carry out transition duties as may be requested by the Company up to the Separation Date. The execution of this Separation Agreement shall constitute an "involuntary separation from service" under Section 409A of the Internal Revenue Code of 1986, as amended, including the applicable regulations ("Section 409A"), and the date that the Company executes this Agreement shall be the "Separation from Service Date". For all other purposes, Xxxxx' employment with the Company will terminate on the Separation Date. For the twelve month period following the Separation Date, Xxxxx will be considered to be on "Special Consultant Duty". While on Special Consultant Duty, Xxxxx will have no duties assigned to him, no reporting obligations, no access to company property or resources, and will accrue no compensation, equity, bonuses or benefits of any kind other than those specifically set forth in Section 2 of this Separation Agreement, and then, only if Xxxxx complies with his obligations under this Separation Agreement. While on Special Consultant Duty, Xxxxx shall owe no obligations to the Company other than his obligations in this Separation Agreement as well as any prior agreements which created obligations intended to extend beyond his employment, and he may be employed by or perform services for any other entity, as long as such employment or services do not violate his obligations in this Separation Agreement. Should Xxxxx fail to comply with this Agreement, he shall not be entitled to any unpaid portion of the holdback payments set forth in Sections 2(b) and 2(c) or the bonus payments set forth in Section 2(d).
Special Consultant. All Contribution Requests shall also be concurrently submitted to the Special Consultant, if so engaged, but approval by the Special Consultant will not be a condition precedent to funding.
Special Consultant. 39 20. INDEMNITIES............................................... 40 PART IX ------- AGENCY PROVISIONS -----------------
Special Consultant. If, in the reasonable opinion of the Majority Banks, circumstances have arisen which give cause for concern that the Borrower may not be able to meet its obligations to the Finance Parties under the Finance Documents, the Borrower will notwithstanding that no Event of Default has occurred, forthwith upon the request of the Agent (with the approval of the Majority Banks) appoint a special accountant ("Special Consultant") nominated by the Agent; and such ------------------ nominee may be an accountant, lawyer, banker, engineer, or, without limitation, any person whom the Agent considers so suitably qualified. The Agent may at its absolute discretion immediately after such request appoint a Special Consultant on the Borrower's behalf. The Special Consultant so appointed shall be the agent of the Borrower and the Borrower shall be solely responsible for his acts, defaults and reasonable remuneration. The functions of the Special Consultant shall include the following:-
