The Custody Agreement and Power of Attorney. Each of the (i) Custody Agreement signed by such Selling Stockholders and Wxxxx Fargo Shareowner Services, as custodian (the “Custodian”), relating to the deposit of the Common Shares to be sold by such Selling Stockholder (the “Custody Agreement”) and (ii) Power of Attorney appointing certain individuals named therein as such Selling Stockholder’s attorneys-in-fact (each, an “Attorney-in-Fact”) to the extent set forth therein relating to the transactions contemplated hereby and by the Disclosure Package and the Prospectus (the “Power of Attorney”), of such Selling Stockholder has been duly authorized, executed and delivered by such Selling Stockholder and is a valid and binding agreement of such Selling Stockholder, enforceable against such Selling Stockholder in accordance with its terms, except as rights to indemnification thereunder may be limited by applicable law and except as the enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and. remedies of creditors or by general equitable principles.
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Samples: Underwriting Agreement (Ev3 Inc.)
The Custody Agreement and Power of Attorney. Each of the (i) Custody Agreement signed by such Selling Stockholders Shareholder and Wxxxx Fargo Shareowner appointing Peritus Software Services, Inc., as custodian (the “"Custodian”"), relating to the deposit of the Common Shares to be sold by such Selling Stockholder Shareholder (the “"Custody Agreement”") and (ii) Power of Attorney appointing certain individuals named therein as such Selling Stockholder’s Shareholder's attorneys-in-fact (each, an “"Attorney-in-Fact”") to the extent set forth therein relating to the transactions contemplated hereby and by the Disclosure Package and the Prospectus (the “"Power of Attorney”"), of such Selling Stockholder Shareholder has been duly authorized, executed and delivered by such Selling Stockholder Shareholder and is a valid and binding agreement of such Selling StockholderShareholder, enforceable against such Selling Stockholder it in accordance with its terms, except as rights to indemnification thereunder may be limited by applicable law and except as the enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and. and remedies of creditors or by general equitable principles.
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Samples: Peritus Software Services Inc
The Custody Agreement and Power of Attorney. Each of the (i) Custody Agreement signed by or on behalf of such Selling Stockholders Shareholder and Wxxxx Fargo Shareowner ServicesAmerican Stock Transfer & Trust Company, as custodian (the “"Custodian”"), relating to the deposit of the Common Shares to be sold by such Selling Stockholder Shareholder (the “"Custody Agreement”") and (ii) Power of Attorney signed by such Selling Shareholder, if any, appointing certain individuals named therein as such Selling Stockholder’s Shareholder's attorneys-in-fact (each, an “"Attorney-in-Fact”") to the extent set forth therein relating to the transactions contemplated hereby and by the Disclosure Package and the Prospectus (the “"Power of Attorney”"), of such Selling Stockholder Shareholder has been duly authorizedauthorized (if such Selling Shareholder is not an individual), executed and delivered by such Selling Stockholder Shareholder and is a valid and binding agreement of such Selling StockholderShareholder, enforceable against such Selling Stockholder in accordance with its terms, except as rights to indemnification thereunder may be limited by applicable law and except as the enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and. and remedies of creditors or by general equitable principles.
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Samples: California Pizza Kitchen Inc
The Custody Agreement and Power of Attorney. Each of the (i) the Custody Agreement signed by or on behalf of such Selling Stockholders Stockholder and Wxxxx Fargo Shareowner Services, as custodian (the “"Custodian”"), relating to the deposit of the Common Shares to be sold by such Selling Stockholder (the “"Custody Agreement”") and (ii) the Irrevocable Power of Attorney of such Selling Stockholder appointing certain individuals named therein as Barrx X. Xxxxxx xxx Jamex X. Xxxxxx xx such Selling Stockholder’s 's attorneys-in-fact (each, each an “"Attorney-in-Fact”") to the extent set forth therein relating to the transactions contemplated hereby and by the Disclosure Package and the Prospectus (with respect to such Selling Stockholder, the “"Power of Attorney”), of such Selling Stockholder ") has been duly authorized, executed and delivered by or on behalf of such Selling Stockholder and is a valid and binding agreement of such Selling Stockholder, enforceable against such Selling Stockholder in accordance with its terms, except as rights to indemnification thereunder may be limited by applicable law and except as the enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and. and remedies of creditors or by general equitable principles.
Appears in 1 contract
The Custody Agreement and Power of Attorney. Each of the (i) Custody Agreement signed by or on behalf of such Selling Stockholders Stockholder and Wxxxx Fargo Shareowner Servicesthe Company, as custodian (the “Custodian”), relating to the deposit of the Common Shares to be sold by such Selling Stockholder (the “Custody Agreement”) and (ii) Power of Attorney appointing certain individuals named therein as such Selling Stockholder’s attorneys-in-fact (each, an “Attorney-in-FactAgent”) to the extent set forth therein relating to the transactions contemplated hereby and by the Disclosure Package and the Prospectus (the “Power of Attorney”), has been duly executed and delivered by or on behalf of such Selling Stockholder has (and in the case of each Selling Stockholder that is a trust, corporation or other legal entity, have been duly authorized, executed and delivered authorized by or on behalf of such Selling Stockholder Stockholder), and is a valid and binding agreement of such Selling Stockholder, enforceable against such Selling Stockholder in accordance with its terms, except as rights to indemnification or contribution thereunder may be limited by applicable law and except as the enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and. and remedies of creditors or by general equitable principles.
Appears in 1 contract
The Custody Agreement and Power of Attorney. Each of the (i) Custody Agreement signed by such Selling Stockholders Stockholder and Wxxxx Fargo Shareowner Servicesthe Corporation, as custodian (the “"Custodian”"), relating to the deposit of the Common Shares to be sold by such Selling Stockholder (the “"Custody Agreement”") and (ii) Power of Attorney appointing certain individuals named therein as such Selling Stockholder’s 's attorneys-in-fact (each, an “"Attorney-in-Fact”") to the extent set forth therein relating to the transactions contemplated hereby and by the Disclosure Package and the Prospectus (the “"Power of Attorney”" and, together with the Custody Agreement, the "Power of Attorney and Custody Agreement"), of such Selling Stockholder has been duly authorizedauthorized (to the extent applicable), executed and delivered by such Selling Stockholder and is a valid and binding agreement of such Selling Stockholder, enforceable against such Selling Stockholder in accordance with its terms, except as rights to indemnification thereunder may be limited by applicable law and except as the enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and. and remedies of creditors or by general equitable principles.
Appears in 1 contract
Samples: Underwriting Agreement (McCormick & Schmicks Seafood Restaurants Inc.)