Examples of Warburg Entity in a sentence
Neither Earthstone nor any of its subsidiaries shall have any rights by virtue of this Agreement in any business ventures of any Warburg Entity or any Designated Director.
The Company and CME shall not, without the prior written consent of Xxxxxx Xxxxxxx, effect any settlement of any pending or threatened proceeding in respect of which any UBS Warburg Entity is or could have been a party and indemnity could have been sought hereunder by such UBS Warburg Entity, unless such settlement includes an unconditional release of the UBS Warburg Entities from all liability on claims that are the subject matter of such proceeding.
The remedies provided for in this Section 10 are not exclusive and shall not limit any rights or remedies which may otherwise be available to any UBS Warburg Entity at law or in equity.
Notwithstanding the provisions of this Section 10, no UBS Warburg Entity shall be required to contribute any amount in excess of the amount by which the total price at which the Directed Shares distributed to the public were offered to the public exceeds the amount of any damages that such UBS Warburg Entity has otherwise been required to pay by reason of such untrue or alleged untrue statement or omission or alleged omission.
For the purpose of this letter agreement, the “Pro Rata Percentage” of each Warburg Entity is as set forth opposite each Warburg Entity’s name in Schedule A hereto (subject to adjustment by the Sponsor from time to time); provided, that in any event the total Pro Rata Percentage of the Sponsor (including any permitted assigns) shall always equal 100%).
None of Parent’s, Mxxxxx Sub’s or the Company’s creditors or any provider or source of the Financing shall have the right to enforce this letter agreement or to cause Parent, Merger Sub or the Company to enforce this letter agreement against any Warburg Entity.
From and after October 8, 2001, each Warburg Entity shall not take any action, or fail to take any action, that would make any of the representations, certifications or warranties set forth in Exhibit A to this Amendment untrue.
Each service requested by the client being specific and individualised, the price of such service shall be specified in the quote issued by BERRY SERVICES prior to every order.
The Company therefore shall, and the Sellers shall cause the Company to, use its best efforts to cause the transactions contemplated by the Side Purchase Agreements to be consummated simultaneous with the Closing, and to prevent the effecting by any Warburg Entity or Imbalzano of any action inconsistent with the respective terms thereof.
Each Warburg Entity shall have delivered to the Company at the Closing a certificate of an appropriate officer in the form of Exhibit G hereto.