Xxxxxxx Xxxxx Entity definition

Xxxxxxx Xxxxx Entity any of Xxxxxxx Xxxxx Capital Corporation or any of its Affiliates.

Xxxxxxx Xxxxx Entity means Xxxxxxx Xxxxx and Co., its wholly-owned Subsidiaries, general or limited partnerships of which Xxxxxxx Xxxxx and Co. or its wholly-owned Subsidiaries are the sole general partners, or any other "Permitted Holder" as defined in the indenture governing the Senior Subordinated Notes.

Examples of Xxxxxxx 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.

• In the event of such an assignment to one or more Xxxxxxx Xxxxx Entities, the beneficial ownership thresholds herein applicable to PVF shall be applicable to Xxxxxxx Sachs, and otherwise all references to PVF hereunder shall be deemed to be references to the Xxxxxxx Xxxxx Entity or Xxxxxxx Sachs Entities to which such assignment was made.

• 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.

• Upon any such assignment to one or more Xxxxxxx Xxxxx Entities, upon the request of the Xxxxxxx Sachs Entities, the Company will enter into a Management Rights Agreement with GS Capital Partners V Institutional, L.P. and GS Capital Partners VI Parallel, L.P., and/or any other Xxxxxxx Xxxxx Entity designated by the Xxxxxxx Sachs Entities, substantially in the form attached hereto as Exhibit A.

• Notwithstanding the provisions of this subsection (c), 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 which such Xxxxxxx Xxxxx Entity has otherwise been required to pay by reason of such untrue or alleged untrue statement or omission or alleged omission.

• The Company acknowledges that the investment in the Company being made by any Xxxxxxx Xxxxx Entity, and any subsequent investment in the Company by any Xxxxxxx Xxxxx Entity after the date hereof, is being made notwithstanding any engagement, prior to or subsequent to the date hereof, by the Company of any Xxxxxxx Xxxxx Entity as financial advisor, agent or underwriter to the Company, and the Company waives any conflicts of interest that may arise as a result thereof.

• 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 Xxxxxxx Xxxxx Entity at law or in equity.

• This Amendment may be executed in one or more counterpart copies, each of which constitutes an original, but all which, when taken together, shall constitute one Amendment binding upon all the Parties hereto.

• For SIUE: For Licensee: Xxxxxxx Xxxxx (Entity Name) Vice Chancellor for Administration (Name and Title) EDUCATIONAL LOANS -- The Licensee certifies that it is not in default on an educational loan as provided in the Educational Loan Default Act (5 ILCS 385).