Examples of Xxxx Parties in a sentence
The Xxxx Parties represent and warrant to the Stockholder that as of the date hereof they do not beneficially own any Spirit Common Shares.
The Xxxx Parties shall not, in respect of the legal expenses of the Xxxxxx Xxxxxxx Entities in connection with any proceeding or related proceedings in the same jurisdiction, be liable for the fees and expenses of more than one separate firm (in addition to any local counsel) for all Xxxxxx Xxxxxxx Entities.
The relative fault of the Xxxx Parties on the one hand and the Underwriters on the other hand shall be determined by reference to, among other things, whether the untrue or alleged untrue statement of a material fact or the omission or alleged omission to state a material fact relates to information supplied by the Xxxx Parties or by the Underwriters and the parties’ relative intent, knowledge, access to information and opportunity to correct or prevent such statement or omission.
The Xxxx Parties shall not, without the prior written consent of Xxxxxx Xxxxxxx, effect any settlement of any pending or threatened proceeding in respect of which any Xxxxxx Xxxxxxx Entity is or could have been a party and indemnity could have been sought hereunder by such Xxxxxx Xxxxxxx Entity, unless such settlement includes an unconditional release of the Xxxxxx Xxxxxxx Entities from all liability on claims that are the subject matter of such proceeding.
Such firm shall be designated in writing by Xxxxxxx, Xxxxx & Co., in the case of parties indemnified pursuant to Section 8(a), and by the Xxxx Parties, in the case of parties indemnified pursuant to Section 8(b).