Termination; Governing Law. (a) This Agreement will continue until terminated in writing by either party upon 60 days’ notice to the other party, provided, however, that the obligation of an Investing Fund in Section 2(d) above shall survive the termination of this Agreement. This Agreement may not be assigned by either party without the prior written consent of the other.
(b) This Agreement will be governed by Delaware law without regard to choice of law principles.
(c) In any action involving the iShares Funds under this Agreement, each Investing Fund agrees to look solely to the individual iShares Fund(s) that is/are involved in the matter in controversy and not to any other series of iShares Funds.
Termination; Governing Law. (a) This Agreement shall be effective for the duration of the Acquired Fund’s and the Acquiring Fund’s reliance on the Rule, as interpreted or modified by the SEC or its Staff from time to time. While the terms of the Agreement shall only be applicable to investments in the Acquired Fund made in reliance on the Rule, as interpreted or modified by the SEC or its Staff from time to time, the Agreement shall continue in effect until terminated pursuant to Section 3(b).
(b) This Agreement will continue until terminated in writing by either party upon sixty (60) days’ written notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(d)(1)(A) limits in reliance on the Rule.
(c) This Agreement will be governed by Delaware law without regard to choice of law principles.
Termination; Governing Law. (a) This Agreement will continue until terminated in writing by either party upon sixty (60) days’ notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(d)(1)(A) limits.
(b) This Agreement shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to the conflict of laws principles thereof.
Termination; Governing Law. (a) This Agreement will continue until terminated in writing by either party upon thirty (30) days written notice to the other.
(b) This Agreement will be governed by Delaware law without regard to choice of law principles.
Termination; Governing Law. (a) This Agreement will continue until terminated in writing by either party upon 60 days’ notice to the other party. This Agreement may not be assigned by either party without the prior written consent of the other.
(b) This Agreement will be governed by Illinois law without regard to choice of law principles.
(c) In any action involving a Fund under this Agreement, each Investing Fund agrees to look solely to the assets of the Fund to which the action relates and not to any other series of the applicable Trust or any other Trust or series thereof.
(d) It is expressly acknowledged and agreed that the obligations of each Trust (and its respective Funds) hereunder shall not be binding upon any of the shareholders, Trustees, officers, employees or agents of such Trust (and its respective Funds), personally, but shall bind only the trust property of such Trust (and its respective Funds) as provided in such Trust’s Declaration of Trust. The execution and delivery of this Agreement have been authorized by the Trustees of each Trust and signed by an officer of the applicable Trust, acting as such, and neither such authorization by such Trustees nor such execution and delivery by such officer shall be deemed to have been made by any of them individually or to impose any liability on any of them personally, but shall bind only the trust property of the applicable Trust and the applicable Funds as provided in the respective Trust’s Declaration of Trust.
Termination; Governing Law. This Guarantee, which is binding on Guarantor’s successors and assigns, is a guarantee of payment and not of collection. THIS GUARANTEE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF DELAWARE APPLICABLE TO CONTRACTS BETWEEN RESIDENTS OF DELAWARE THAT ARE TO BE WHOLLY PERFORMED WITHIN SUCH STATE. SELLER HEREBY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE FEDERAL AND STATE COURTS OF THE STATE OF DELAWARE IN THE COUNTY OF NEW CASTLE FOR THE PURPOSES OF RESOLVING ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED IN ANY WAY TO THIS GUARANTEE AND IRREVOCABLY AND UNCONDITIONALLY CONSENTS TO THE JURISDICTION OF ANY SUCH COURTS AND HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY DEFENSE OF AN INCONVENIENT FORUM TO THE MAINTENANCE OF ANY ACTION OR PROCEEDING IN ANY SUCH COURTS, ANY OBJECTION TO VENUE WITH RESPECT TO ANY SUCH ACTION OR PROCEEDING AND ANY RIGHT OF JURISDICTION ON ACCOUNT OF THE PLACE OF RESIDENCE OR DOMICILE OF ANY PARTY THERETO. SELLER AND GUARANTOR HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE THE RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATED TO THIS GUARANTEE.
Termination; Governing Law. (a) This Agreement shall be effective for the duration of the Acquired Fund’s and the Investing Fund’s reliance on the Rule. While the terms of the Agreement shall only be applicable to investments in the Acquired Fund made in reliance on the Rule, the Agreement shall continue in effect until terminated pursuant to Section 3(b).
(b) This Agreement will continue until terminated in writing by either party upon sixty (60) days’ written notice to the other party. Upon termination of this Agreement, the Investing Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(d)(1) limits.
(c) This Agreement will be governed by Delaware law without regard to choice of law principles.
Termination; Governing Law. The parties acknowledge and agree that they have not reached agreement upon, and this letter does not reflect, all matters upon which agreement must be reached in order for the Proposed Transactions to be consummated. A binding obligation to consummate the Proposed Transaction (or any related transaction) will result only from the execution of a definitive preferred stock investment agreement and other ancillary definitive documents with respect thereto, subject to such conditions as may be contained therein. Nonetheless, Paragraphs 1, 2, 3, 4, 5 and this Paragraph 7 of this letter agreement are intended to constitute binding obligations of the parties hereto. Except for Paragraph 5 and this Paragraph 7 of this letter agreement which shall survive, this letter agreement shall terminate upon the expiration of the Exclusivity Period, unless such period is mutually extended by the parties hereto. This letter agreement shall be governed by and construed in accordance with the laws of the state of New York applicable to agreements made and to be performed within such state. Please confirm that you are in agreement with the foregoing by signing the enclosed copy of this letter agreement and returning it to the undersigned. Very truly yours, FIRST RESERVE FUND XII, L.P. By: First Reserve GP XII, L.P. By: First Reserve GP XII Limited By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Managing Director Accepted and Agreed as of September 29, 2008: RELIANT ENERGY, INC. By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: President and Chief Executive Officer Issuer: Reliant Energy, Inc., a Delaware corporation (the “Company”).
Termination; Governing Law. A. This Agreement will continue until terminated in writing by either party upon 60 days' notice to the other party. This Agreement may not be assigned by either party without the prior written consent of the other.
B. This Agreement will be governed by California law without regard to choice of law principles.
C. In any action involving a Fund under this Agreement, each Investing Fund agrees to look solely to the individual Fund(s) that is/are involved in the matter in controversy and not to any other series of the Trust.
D. This Agreement may be amended or modified only by a written document signed by an authorized representative of each party.
E. It is expressly acknowledged and agreed that the obligations of the Investing Management Company (and its Investing Funds) hereunder shall not be binding upon any of the shareholders, trustees, officers, employees or agents of the Investing Management Company (and its Investing Funds), personally, but shall bind only the trust property of the Investing Management Company (and its Investing Funds) as provided in the Investing Management Company's Declaration of Trust. The execution and delivery of this Agreement have been authorized by the trustees of the Investing Management Company and signed by an officer of the Investing Management Company, acting as such, and neither such authorization by such trustees nor such execution and delivery by such officer shall be deemed to have been made by any of them individually or to impose any liability on any of them personally, but shall bind only the trust property of the Investing Management Company and the Investment Funds as provided in the Investing Management Company's Declaration of Trust.
Termination; Governing Law. (a) This Agreement will continue until terminated in writing by either party upon sixty (60) days' notice to the other party, provided, however, that the obligation of an Investing Fund in Section 2(d) above shall survive the termination of this Agreement. This Agreement may not be assigned by either party without the prior written consent of the other.
(b) This Agreement will be governed by Delaware law without regard to choice of law principles.
(c) In any action involving the iShares Funds under this Agreement, each Investing Fund agrees to look solely to the individual iShare Fund(s) listed on Schedule A that is/are involved in the matter in controversy and not to any other series of iShares Trust or iShares, Inc
