XXXXXXX XX XXXXXXXX. Xxxx Xxxxxxxxx is made solely for the benefit of the Underwriters, the Company, and to the extent expressed, any person controlling the Company or an Underwriter, as the case may be, and the directors of the Company, nominees for directors of the Company (if any) named in the Prospectus, officers of the Company who have signed the Registration Statement, and their respective executors, administrators, successors and assigns; and no other person shall acquire or have any right under or by virtue of this Agreement. The term "successors and assigns" shall not include any purchaser, as such, from an Underwriter of the Shares.
XXXXXXX XX XXXXXXXX. Xxxx Xxxxxxxxx xx xxxx xxxxxx xxx xxx benefit of the Underwriter(s) and the Fund, and their respective controlling persons, trustees or directors and officers, and their respective successors, assigns, executors and administrators. No other person shall acquire or have any right under or by virtue of this Agreement.
XXXXXXX XX XXXXXXXX. (a) The Company will pay all expenses incident to the performance of the obligations of the Company under this Agreement, including (i) the costs associated with the preparation, printing and filing of the Registration Statement (including any financial statements and exhibits) as originally filed and of each amendment thereto, (ii) the costs associated with the preparation, printing and delivery to the Underwriters of this Agreement, any agreement among Underwriters, the Trust Agreement and such other documents as may be required in connection with the offering, purchase, sale, issuance or delivery of the Certificates, (iii) the costs associated with the preparation, issuance and delivery of the Certificates to the Underwriters, including any transfer taxes and any stamp or other duties payable upon the sale, issuance or delivery of the Certificates to the Underwriters, (iv) the fees and disbursements of the counsel, accountants and other advisors or agents (including transfer agents and registrars) to the Company, as well as the fees and disbursements of the Trustee and its counsel, (v) the printing and delivery to the Underwriters of copies of each Preliminary Prospectus, and the Final Prospectus and any amendments or supplements thereto, (vi) the fees charged by nationally recognized statistical rating organizations for the rating of the Certificates, (vii) the qualification of the Certificates under securities laws in accordance with the provisions of Section 5(e) hereof, including filing fees and the reasonable fees and disbursements of counsel for the Underwriters in connection therewith and in connection with the preparation of the blue sky survey and any supplement thereto, and (viii) the cost of making the Certificates eligible for clearance and settlement through the facilities of The Depository Trust Company or any other depositary.
(b) If the sale of the Certificates provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10(i) or (ii) hereof or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Underwriters severally through Banc of America Securities LLC on demand for all out-of-pocket expenses (including reasonable fees and d...
XXXXXXX XX XXXXXXXX. Xxxx Agreemenx xx xxxx xxlely for the benefit of the Advisor and the Company, and their respective controlling persons, directors and officers, and their respective successors, assigns, executors and administrators. No other person shall acquire or have any right under or by virtue of this Agreement.
XXXXXXX XX XXXXXXXX. Xxxxxxxx consents to the subletting of the Subleased Premises in accordance with the terms and conditions of the Sublease. LANDLORD: ADDISON TOWER INVESTMENT COMPANY, LLC, a Texas limited liability company Need copy of Master Lease Need space plan of Premises Scope of Work: Sublandlord will perform the following scope of work prior to the commencement of the sublease.
XXXXXXX XX XXXXXXXX. Xxxx Xxxxxxxxx xxxxx xx xxxxxng upon and inure solely to the benefit of each party hereto, and nothing in this Agreement, express or implied, is intended to or shall confer upon any other Person (other than the Indemnified Parties) any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement, including, without limitation, by way of subrogation. Nothing in this Agreement, express or implied, is intended to or shall confer any rights upon any Client, New Client, CDO Consent Party or New CDO Consent Party, or shall be an acknowledgment or admission by any Seller, the Company or DCM that the consent of any of such parties to the transactions contemplated by this Agreement is required.
XXXXXXX XX XXXXXXXX. Xxxx Xxxxxxxxx xxxxxx xxx xxxxx is made solely for the benefit of the Selling Agent, the Company and, to the extent expressed, any person controlling the Company or the Selling Agent, and directors of the Company, nominees for directors (if any) named in the Memorandum, its officers, and their respective executors, administrators, successors, assigns and no other person shall acquire or have any right under or by virtue of this Agreement. The term "successors and assigns" shall not include any purchaser of the Securities or other securities from the Selling Agent.
XXXXXXX XX XXXXXXXX. Xxxxxxx xxxxx xxxxx xxxxxelves that, ------------------- in the event that any Lender shall directly or indirectly obtain any payment (whether voluntary, involuntary, through the exercise of any right of setoff, banker's lien or counterclaim, through the realization, collection, sale or liquidation of any Collateral or otherwise) on account of or in respect of the Loan or any other Borrower's Obligations in excess of its pro rata share of all such payments, such Lender(s) shall immediately purchase from the other Lender(s) participations in the Loan or other Borrower's Obligations owed to such other Lenders in such amounts, and make such other adjustments from time to time, as shall be equitable to the end that the Lenders share such payment ratably in accordance with their respective pro rata shares of the outstanding Loan and other Borrower's Obligations. Lenders further agree among themselves that if any such excess payment to a Lender shall be rescinded or must otherwise be restored, the other Lender(s) which shall have shared the benefit of such payment shall, by repurchase of participation theretofore sold, or otherwise, return its share of that benefit to the Lender whose payment shall have been rescinded or otherwise restored. Borrower agrees that any Lender so purchasing a participation in the Loan or other Borrower's Obligations to the other Lenders may exercise all rights of setoff, banker's lien and/or counterclaim as fully as if such Lender was a holder of the Loan or other Borrower's Obligations in the amount of such participation. If under any applicable bankruptcy, insolvency or other similar law any Bank receives a secured claim in lieu of a setoff to which this Section 3.07 would apply, such Lenders shall, to the extent practicable, exercise their rights in respect of such secured claim in a manner consistent with the rights of Lenders entitled under this Section 3.07 to share in the benefits of any recovery of such secured claim.
XXXXXXX XX XXXXXXXX. Xxxxxxxx consents and agrees to the foregoing Agreement, which was entered into at Landlord’s request. The foregoing Agreement shall not alter, waive or diminish any of Landlord’s obligations or rights under the Mortgage or the Lease. The above Agreement discharges any obligations of Mortgagee under the Mortgage and related loan documents to enter into a nondisturbance agreement with Tenant. Xxxxxxx L/R, LLC, a Texas limited liability company By: Name: Title: STATE OF TEXAS COUNTY OF XXXXXX This instrument was acknowledged on the day of , 20__, by , of Seaholm L/R, LLC, a Texas limited liability company, on behalf of said company. Notary Public in and for the State of Texas
XXXXXXX XX XXXXXXXX. Xxxx Xxxxxxxxx xxxxxx xxx xxxxx is made solely for the benefit of the several Underwriters, the Company and, to the extent expressed, any person controlling the Company or of the Underwriters, and directors of the Company, nominees for directors (if any) named in the Prospectus, its officers who have signed the Registration Statement, and their respective executors, administrators, successors, assigns and no other person shall acquire or have any right under or by virtue of this Agreement. The term "successors and assigns" shall not include any purchaser of the Securities, as such purchaser, from the several Underwriters. All of the obligations of the Underwriters hereunder are several and not joint.
