Third Party Transactions. MTC is entitled to delegate some of its responsibilities to a Third Party or Associated Entity, including (but not limited to) an Exchange, clearing house, affiliated, subsidiary, or fiduciary custodian banking partners, an intermediate broker, liquidity provider, prime broker, settlement agent or OTC (“Third Party”). MTC shall not have or assume any liability for any loss which the Client may sustain as a result of the insolvency, acts or omissions of any such Third Party.
Third Party Transactions. In addition, and not by way of limitation, the Master Trustee shall have any and all powers and duties concerning the investment, retention or sale of property held in trust as if it were absolute owner of the property, and no restrictions with regard to the property so held shall be implied, warranted or sustained by reason of this Agreement; provided, however, at no time shall the exercise of such powers and duties establish any evidence which would permit a third party to assert a right, title or interest superior to that of the Plans in the property held in the Fund.
Third Party Transactions. (i) Within 30 days of the Closing Date, Party B shall either (A) terminate and liquidate or (B) novate to Party A, as the case may be, all of the outstanding Hedging Transactions with third parties that are listed on Exhibit 10(b)(i). With respect to such transactions on Exhibit 10(b)(i) that Party B elects to terminate and liquidate (such transactions, the “Third Party Transactions”), such terminations and liquidations may result in termination payments to be made by Party B to one or more third-parties at the relevant time of such terminations and liquidations in amounts to be negotiated between each such third party and Party A (such payments, the “Third Party Liquidation Payments”).
(ii) Concurrently with the termination and liquidation of each Third Party Transaction, Party A shall enter into a Hedging Transaction with Party B that corresponds with such terminated Third Party Transaction (each such corresponding transaction, a “Corresponding Third Party Transaction”) having the same notional quantity, floating price and remaining tenor; provided, however, that the fixed price applicable to each such Hedging Transaction shall be the fixed price used to calculate the Third Party Liquidation Payment for the corresponding terminated Third Party Transaction.
(iii) With respect to such transactions on Exhibit 10(b)(i) that Party B elects to novate to Party A (the “Third Party Novation Transactions”), concurrently with the novation of such transactions, Party A and each relevant third party shall enter into back-to-back offsetting Hedging Transactions having the same notional quantities, floating prices and remaining tenors with respect to each Third Party Novation Transaction and otherwise on terms satisfactory to Party A in its sole discretion. If a third party requires a payment in exchange for, or as a condition to, executing any novation, Party B shall make such payment to the relevant third party (such payments, the “Third Party Novation Payments”).
(iv) On the Closing Date, Party A shall inform Party B of the then-current aggregate xxxx-to-market exposure associated with each transaction listed on Exhibit 10(b)(i) (each, a “Third Party Notional Amount”). In addition to any other payments required to be made by Party B in connection herewith, Party B shall pay to Party A, from and including the Closing Date, to and excluding the latest settlement date scheduled to occur with respect to each such transaction, a monthly fee (the “Third Party Exposure Fee...
Third Party Transactions. Banterra may terminate this Agreement in the event that any of the events set forth in Section 7.10(b) hereof occur.
Third Party Transactions. Except as set forth under Section 3.32 of the Schedule of Exceptions, the Company has not negotiated a term sheet, letter of intent or similar document in the past three months regarding (a) the merger, consolidation or other business combination of the Company or any of its subsidiaries with or into another business entity or entities, (b) the sale, conveyance, or disposition of all or substantially all of the Company's assets (or the assets of any of its subsidiaries), or a transaction or series of related transactions in which more than fifty percent (50%) of the voting power of the Company would be disposed of, or (c) any other form of acquisition, liquidation, dissolution or winding up of the Company or any of its subsidiaries.
Third Party Transactions. SMFX is entitled to delegate its responsibilities to a Third Party or Associated Entity, including (but not limited to) an Exchange, clearing house, an intermediate broker, settlement agent or OTC counterparty located either within or outside NZ (“Third Party”). SMFX shall not have any liability for any loss which the Client may sustain as a result of the insolvency, acts or omissions of any such Third Party.
Third Party Transactions. The Authority may instruct the Supplier to endeavour to fix or unfix a price for Contract Blocks which is no less advantageous to the Authority than that available under a Third Party GTMA Transaction (“Third Party Instruction”). In providing a Third Party Instruction the Authority shall specify: whether the Authority wishes to fix or unfix a price; the Contract Blocks to be subject to the Third Party Instruction by reference to their status as Baseload Blocks or Peakload Blocks, and the relevant time period; the total volume (in MW) subject to the Third Party Instruction; and the price at which the Authority believes the proposed counterparty is willing (in the case of fixes) to sell the relevant volume to the Supplier, or (in the case of unfixes) buy the relevant volume from the Supplier under a Third Party GTMA Transaction. Immediately after receiving a Third Party Instruction the Supplier will (whilst remaining telephonically connected) notify the Authority whether it will match or better the price set out in the Third Party Instruction. In this case prices of the relevant Contract Blocks shall be fixed or unfixed on the basis of the Third Party Instruction. Where the Supplier does not opt to match or better the price set out in the Third Party Instruction, the Authority shall confirm to the Supplier the counterparty proposed by the Authority, and the Supplier shall: confirm to the Authority whether or not the proposed counterparty is an Authorised Trading Counterparty; and if the proposed counterparty is an Authorised Trading Counterparty: contact such Authorised Trading Counterparty and offer to enter into a Third Party GTMA Transaction with that Authorised Trading Counterparty for the volumes and at the prices referred to in the Third Party Instruction; and take all reasonable steps necessary to conclude such Third Party GTMA Transaction. Where the Supplier concludes such a Third Party GTMA Transaction (including any such transaction concluded pursuant to Paragraph 10.5), it shall immediately notify the Authority and the prices of the relevant Contract Blocks shall be fixed or unfixed on the basis of the Third Party GTMA Transaction (and, for the avoidance of doubt, at a price no less favourable to the Authority than that set out in the Third Party Instruction). Where prices are fixed or unfixed pursuant to Paragraph 6.18 or 6.20 this shall be a (“Third Party Transaction”) and the Supplier shall provide the Authority with an Initial Confirmation pur...
Third Party Transactions. 3.1 In Section 10 of the SPA the terms "60 days" and "60-day period" wherever they appear shall be amended to read "30 days" and "30 day period", respectively.
3.2 It is hereby clarified that a bona fide offer made for more than 10% of PRI's securities, but which could result by its express terms in the acquisition of more than 50% of PRI's outstanding voting securities, shall be deemed a Third Party Transaction for the purposes of Section 10 of the SPA.
Third Party Transactions. No Obligor will, and the Company will ensure that no other member of the Group will, enter into any transaction or series of transactions, whether or not in the ordinary course of business, with any Person which is not a member of the Group, other than on arm’s length terms.
Third Party Transactions. Through your use of the Website, you may have the opportunity to engage in commercial or other transactions with other users, vendors and other third parties. You acknowledge that all transactions relating to any products or services offered by any third party, including but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance, and delivery terms relating to such transactions, are agreed to be solely between the third-party seller or purchaser of such products and services and you, and that you will look solely to such third party to enforce any of your rights. In the event of any problem with the products or services that you have purchased from a third party you agree that you will address such issues with the third party, but all limitations of liability and other rights of LFG Gaming shall apply nonetheless. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US.
