Common use of Trustee and Agent Clause in Contracts

Trustee and Agent. Each Party acknowledges that the other Party is acting as trustee and agent for its other Indemnified Parties, on whose behalf and for whose benefit the indemnity in Section 11.1 is provided and that such remaining Indemnified Parties shall have the full right and entitlement to take the benefit of and enforce such indemnity notwithstanding that they may not individually be Parties to this Agreement. Each Party agrees that the other Party may enforce the indemnity for and on behalf of such other Indemnified Parties and, in such event, the Party from whom indemnification is sought will not in any proceeding to enforce the indemnity by or on behalf of such other Indemnified Parties assert any defence thereto based on the absence of authority or consideration or privity of contract and irrevocably waives the benefit of any such defence.

Appears in 2 contracts

Samples: Share Purchase Agreement, Share Purchase Agreement

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Trustee and Agent. Each Party acknowledges that the other Indemnified Party is acting as trustee and agent for its other remaining Indemnified Parties, on whose behalf and for whose benefit the indemnity in Section 11.1 6.1 or 6.2, as applicable, is provided and that such remaining Indemnified Parties shall have the full right and entitlement to take the benefit of and enforce such indemnity notwithstanding that they may not individually be Parties parties to this Agreement. Each Party agrees that the other Indemnified Party may enforce the indemnity for and on behalf of such other remaining Indemnified Parties and, in such event, the Indemnifying Party from whom indemnification is sought will shall not in any proceeding to enforce the indemnity by or on behalf of such other remaining Indemnified Parties assert any defence thereto based on the absence of authority or consideration or privity of contract and irrevocably waives the benefit of any such defence.

Appears in 1 contract

Samples: Master Revenue Sharing Agreement (Jbi, Inc.)

Trustee and Agent. Each Party acknowledges that the other Indemnified Party is acting as trustee and agent for its other remaining Indemnified Parties, on whose behalf and for whose benefit the indemnity in Section 11.1 5.1 or 5.2, as applicable, is provided and that such remaining Indemnified Parties shall have the full right and entitlement to take the benefit of and enforce such indemnity notwithstanding that they may not individually be Parties parties to this Agreement. Each Party agrees that the other Indemnified Party may enforce the indemnity for and on behalf of such other remaining Indemnified Parties and, in such event, the Indemnifying Party from whom indemnification is sought will shall not in any proceeding to enforce the indemnity by or on behalf of such other remaining Indemnified Parties assert any defence thereto based on the absence of authority or consideration or privity of contract and irrevocably waives the benefit of any such defence.

Appears in 1 contract

Samples: Master Revenue Sharing Agreement (Jbi, Inc.)

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Trustee and Agent. β€Œ Each Party acknowledges that the other Party is acting as trustee and agent for its other ICC or the Wayland Indemnified Parties, as the case may be, on whose behalf and for whose benefit the indemnity in Section 11.1 8.1 or Section 8.3, as the case may be, is provided and that such remaining other Indemnified Parties shall have the full right and entitlement to take the benefit of and enforce such indemnity notwithstanding that they may not individually be Parties parties to this Agreement. Each Party agrees that the other Party may enforce the indemnity for and on behalf of such other Indemnified Parties and, in such event, the Party from whom indemnification is sought will not in any proceeding to enforce the indemnity by or on behalf of such other Indemnified Parties assert any defence thereto based on the absence of authority or consideration or privity of contract and irrevocably waives the benefit of any such defence.

Appears in 1 contract

Samples: Transaction Agreement

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