Examples of Designated Secured Lender in a sentence
If requested by any Holder, the Company shall include as a selling security holder in the applicable Registration Statement any Designated Secured Lender of the applicable Holder with respect to the Registrable Securities of the applicable Holder, subject to Section 3.04.
The indemnity and contribution agreements contained in this Agreement shall remain operative and in full force and effect regardless of (i) any termination of any underwriting or agency agreement; (ii) any investigation made by or on behalf of the selling Holder or Holders, any applicable Designated Secured Lender, the Company or any underwriter or agent or controlling person; or (iii) the consummation of the sale or successive resales of the Registered Securities.
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In no event shall the liability of any selling Holder or Designated Secured Lender be greater in amount than the amount for which such selling Holder or Designated Secured Lender would have been obligated to pay by way of indemnification if the indemnification provided for under Section 4.01(a) had been available under the circumstances.
For purposes of this Section 4.02(b), each director of the Company, each officer of the Company who signed a Registration Statement, and each person, if any, who controls the Company or a selling Holder or Designated Secured Lender within the meaning of Section 15 of the Securities Act shall have the same rights to contribution as the Company or such selling Holder or Designated Secured Lender, as the case may be.
As a condition to any Designated Secured Lender being named as a selling security holder in any Registration Statement pursuant hereto, the Company may, in its discretion, require that such Designated Secured Lender confirm in writing its agreement to comply with the obligations of a Designated Secured Lender specified in this Agreement with respect to such registration.
Such designation shall remain in effect until the Designated Secured Lender provides written notice to WPSC that it is no longer effective (which notice such Designated Secured Lender shall in any event give when it ceases to be one of DPC's Secured Lender(s)).
Such right to exercise those rights of DPC with regard to disputes concerning payment and subsequent invoices, bills and demands for payment shall continue until WPSC receives a written notice from the Designated Secured Lender terminating that substitution, or if the right was authorized or approved by court order pursuant to this subsection, the court order in question expires or is vacated, overruled, countermanded or otherwise overturned by the issuing court or an appellate court.
DPC and DPC's Secured Lender(s) shall then supply to WPSC a new written designation, <PAGE> irrevocable by DPC, designating one of DPC's Secured Lender(s) as the Designated Secured Lender authorized to give such notice(s).
Such right to exercise DPC's rights on the JPOC shall continue until WPSC receives a written notice from the Designated Secured Lender terminating that substitution, or if the right was authorized or approved by court order pursuant to this subsection, the court order in question expires or is vacated, overruled, countermanded or otherwise overturned by the issuing court or an appellate court.