Examples of Xxxxx Entity in a sentence
The Company shall not, without the prior written consent of Xxxxxxx Xxxxx, effect any settlement of any pending or threatened proceeding in respect of which any Xxxxxxx Xxxxx Entity is or could have been a party and indemnity could have been sought hereunder by such Xxxxxxx Xxxxx Entity, unless such settlement includes an unconditional release of the Xxxxxxx Xxxxx Entities from all liability on claims that are the subject matter of such proceeding.
Notwithstanding the provisions of this Section 10, no Xxxxxxx Xxxxx 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 Xxxxxxx Xxxxx Entity has otherwise been required to pay.
The Partnership Group will provide written notice of its decision to Xxxxx GP or the Xxxxx Entity within 30 days after the investment banking firm has submitted its determination.
The Company shall not be liable for any settlement of any such action effected without its written consent, but if settled with such written consent, or if there be a final judgment for the plaintiff in any such action, the Company agrees to indemnify and hold harmless any Xxxxxxx Xxxxx Entity from and against any loss, claim, damage, liability or expense by reason of such settlement or judgment.
The fees of the investment banking firm will be split equally between Xxxxx GP or the Xxxxx Entity and the Partnership Group.