Examples of Revenue Participation Holder in a sentence
The Issuer and each Revenue Participation Holder shall be entitled to conduct the audit within ***** of the Issuer or each Revenue Participation Holder’s notice to conduct the audit.
The Issuer and each Revenue Participation Holder shall be entitled to examine: all licensing, distribution and sub-distribution agreements relating to Funded Qualifying Projects.
Issuer and each Revenue Participation Holder shall each have the right, at its own expense, but not more than *****, to audit the Distribution Records at the aforesaid office in order to verify the Settlement Reports rendered hereunder in connection with each Funded Qualifying Project.
On each Settlement Date, Distributor shall render to Issuer (with a copy to each Revenue Participation Holder, provided that Distributor’s inadvertent failure to provide such copy to any Revenue Participation Holder shall be a breach of this Agreement) a settlement report for each Funded Qualifying Project (each, a “Settlement Report”).
Distributor shall render to Issuer (with a copy to each Revenue Participation Holder, provided that Distributor’s inadvertent failure to provide such copy to any Revenue Participation Holder shall be a breach of this Agreement) the Settlement Reports as set forth in Section 7.2. Such Settlement Report shall show, in as much detail as Distributor usually furnishes in such statements rendered to other parties, the appropriate calculations pursuant to this Schedule.
Upon the occurrence and continuance of a breach by Distributor of any of its agreements, representations, warranties, obligations and covenants set forth herein or the Transaction Documents (each a “Distributor Event of Default”), the sole and exclusive remedy of Issuer or any Revenue Participation Holder for such Distributor Event of Default shall be to bring an action at law to recover damages, and neither Issuer nor any Revenue Participation Holder shall be entitled to any form of equitable relief.
Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated orally or in writing, without the prior written consent of the parties hereto and each Revenue Participation Holder.
Notwithstanding the foregoing, any term of this Agreement may be amended and the observance of any such term may be waived (either generally or in a particular instance and either retroactively or prospectively) with (but only with) the written consent of all of the parties hereto and each Revenue Participation Holder; provided, however, that no such amendment or waiver shall extend to or affect any obligation not expressly waived or impair any right consequent therein.
No delay or omission to exercise any right, power or remedy accruing to any party hereto or each Revenue Participation Holder shall impair any such right, power or remedy of such party nor be construed to be a waiver of any such right, power or remedy nor constitute any course of dealing or performance hereunder.
For the purposes of this Section 13.16, “Information” means all information received from Issuer relating to Issuer or its business, including, without limitation, Nonpublic Information, other than any such information that is available to Issuer or any Revenue Participation Holder on a non-confidential basis prior to disclosure by Issuer; provided, that in the case of information received from Issuer after the date hereof, such information is clearly identified at the time of delivery as confidential.