Examples of BofA Xxxxxxx Xxxxx in a sentence
BofA Xxxxxxx Xxxxx, individually and not as a Representative of the Underwriters, may (but shall not be obligated to) make payment of the purchase price for the Initial Securities and the Option Securities, if any, to be purchased by any Underwriter whose payment therefor has not been received by the Closing Time or the relevant Date of Delivery, as the case may be, but such payment shall not relieve such Underwriter from its obligations hereunder.
Representatives of BofA Xxxxxxx Xxxxx, Skadden and Honigman also participated during such call.
This is due to the fact that the primary con- straints in the supply of ethanol in 2017 are readily identifiable, although still challenging to quantify, while there are many different factors that could potentially constrain the supply of biodiesel and renewable diesel in 2017.
Representatives of Lazard and BofA Xxxxxxx Xxxxx also participated in this discussion.
BofA Xxxxxxx Xxxxx and Xxxxxxx Xxxxx, individually and not as representatives of the Underwriters, may (but shall not be obligated to) make payment of the purchase price for the Initial Securities or the Option Securities, if any, to be purchased by any Underwriter whose funds have not been received by the Closing Time or the relevant Date of Delivery, as the case may be, but such payment shall not relieve such Underwriter from its obligations hereunder.
This authorization shall remain in effect until the Issuer has provided to X.X. Xxxxxx and BofA Xxxxxxx Xxxxx a written notice revoking this authorization.
Each Person that acquires a Certificate, and each fiduciary who causes a Person to acquire a Certificate, in its individual as well as its fiduciary capacity, agrees to indemnify and hold harmless the Depositor, the Trustee, BofA Xxxxxxx Xxxxx, each Distribution Participant and their respective affiliates from any cost, damages, loss or expense, incurred by them as a result of the representations made by such Person or fiduciary not being true.
The Company has made available to Parent accurate and complete copies of all agreements between the Company and each of BofA Xxxxxxx Xxxxx and Credit Suisse pursuant to which either such firm would be entitled to any payment, commission, fees or expenses in connection with the Merger or any other transactions contemplated by this Agreement.
The Company has heretofore furnished to Parent a complete and correct copy of all agreements between the Company and BofA Xxxxxxx Xxxxx pursuant to which such firm would be entitled to any payment relating to any of the transactions contemplated hereby.
In the case of parties indemnified pursuant to Section 6(a) above, counsel to the indemnified parties shall be selected by BofA Xxxxxxx Xxxxx and Xxxxx Fargo, and, in the case of parties indemnified pursuant to Section 6(b) above, counsel to the indemnified parties shall be selected by the Company.