The Purchase Contract Agent. The duties and responsibilities of the Purchase Contract Agent under this Agreement shall in each case be governed by Article VII of the Purchase Contract Agreement.
The Purchase Contract Agent. Section 7.1. Certain Duties and Responsibilities............................................................47 Section 7.2.
The Purchase Contract Agent. (1) undertakes to perform, with respect to the Units, such duties and only such duties as are specifically set forth in this Agreement and the Pledge Agreement, and no implied covenants or obligations shall be read into this Agreement or the Pledge Agreement against the Purchase Contract Agent; and
(2) in the absence of bad faith on its part, may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon certificates or opinions furnished to the Purchase Contract Agent and conforming to the requirements of this Agreement or the Pledge Agreement, as applicable, but in the case of any certificates or opinions which by any provision hereof are specifically required to be furnished to the Purchase Contract Agent, the Purchase Contract Agent shall be under a duty to examine the same to determine whether or not they conform to the requirements of this Agreement or the Pledge Agreement, as applicable, but shall have no duty to confirm or investigate the accuracy of mathematical calculations or other facts stated therein.
The Purchase Contract Agent. Certain Duties and Responsibilities.
The Purchase Contract Agent. SECTION 7.01. Certain Duties and Responsibilities..................................................74 SECTION 7.02. Notice of Default....................................................................75 SECTION 7.03. Certain Rights of Purchase Contract Agent............................................75 SECTION 7.04. Not Responsible for Recitals or Issuance of Units....................................77 SECTION 7.06. Money Held in Custody................................................................78 SECTION 7.07.
The Purchase Contract Agent. (1) undertakes to perform, with respect to the Units, such duties and only such duties as are specifically set forth in this Agreement, the Pledge Agreement and the Remarketing Agreement and no implied covenants or obligations shall be read into this Agreement, the Pledge Agreement or the Remarketing Agreement against the Purchase Contract Agent; and
(2) in the absence of bad faith or gross negligence on its part, may, with respect to the Units, conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon certificates or opinions furnished to the Purchase Contract Agent and conforming to the requirements of this Agreement or the Pledge Agreement or the Remarketing Agreement, as applicable, but in the case of any certificates or opinions which by any provision hereof are specifically required to be furnished to the Purchase Contract Agent, the Purchase Contract Agent shall be under a duty to examine the same to determine whether or not they conform to the requirements of this Agreement, the Pledge Agreement or the Remarketing Agreement, as applicable (but need not confirm or investigate the accuracy of the mathematical calculations or other facts stated therein).
The Purchase Contract Agent. Section 8.1 Certain Duties and Responsibilities 49 Section 8.2 Notice of Default 50 Section 8.3 Certain Rights of Stock Purchase Contract Agent 50 Section 8.4 Not Responsible for Recitals or Issuance of MCAPS 51 Section 8.5 May Hold MCAPS 52 Section 8.6 Money Held in Custody 52 Section 8.7 Compensation and Reimbursement 52 Section 8.8 Corporate Stock Purchase Contract Agent Required, Eligibility 53 Section 8.9 Resignation and Removal; Appointment of Successor 53 Section 8.10 Acceptance of Appointment by Successor 54 Section 8.11 Merger, Conversion, Consolidation or Succession to Business 55 Section 8.12 Preservation of Information; Communications to Holders 55 Section 8.13 No Obligations of Stock Purchase Contract Agent 56 Section 8.14 Tax Compliance 56
The Purchase Contract Agent. Section 7.1. Certain Duties and Responsibilities.
(a) The Purchase Contract Agent:
(1) undertakes to perform, with respect to the Securities, such duties and only such duties as are specifically set forth in this Agreement and the Pledge Agreement, and no implied covenants or obligations shall be read into this Agreement or the Pledge Agreement against the Purchase Contract Agent; and
(2) in the absence of bad faith or negligence on its part, may, with respect to the Securities, conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon certificates or opinions furnished to the Purchase Contract Agent and conforming to the requirements of this Agreement or the Pledge Agreement, as applicable, but in the case of any certificates or opinions which by any provision hereof are specifically required to be furnished to the Purchase Contract Agent, the Purchase Contract Agent shall be under a duty to examine the same to determine whether or not they conform to the requirements of this Agreement or the Pledge Agreement, as applicable.
(b) No provision of this Agreement or the Pledge Agreement shall be construed to relieve the Purchase Contract Agent from liability for its own negligent action, its own negligent failure to act, or its own willful misconduct, except that:
(1) this Subsection shall not be construed to limit the effect of Subsection (a) of this Section;
(2) the Purchase Contract Agent shall not be liable for any error of judgment made in good faith by a Responsible Officer, unless it shall be proved that the Purchase Contract Agent was negligent in ascertaining the pertinent facts; and
(3) no provision of this Agreement or the Pledge Agreement shall require the Purchase Contract Agent to expend or risk its own funds or otherwise incur any financial liability in the performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if adequate indemnity is not provided to it.
(c) Whether or not therein expressly so provided, every provision of this Agreement and the Pledge Agreement relating to the conduct or affecting the liability of or affording protection to the Purchase Contract Agent shall be subject to the provisions of this Section.
(d) The Purchase Contract Agent is authorized to execute and deliver the Pledge Agreement in its capacity as Purchase Contract Agent.
The Purchase Contract Agent. SECTION 7.01 Certain Duties and Responsibilities...
The Purchase Contract Agent
