Additional Capacities Sample Clauses

Additional Capacities. The Company will have the power, but not the obligation, to indemnify any individual or entity who is or was an employee, officer or agent of the Company or is or was serving at the request of the Company as an officer, director, member, trustee, employee, or agent of another limited partnership, limited liability company, association, corporation, joint venture, trust, employee benefit plan, or other enterprise to the same extent as if such individual is or was a Member, officer or director.
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Additional Capacities. To the extent required, additional capacity to meet specific peak period demands would be achieved by several options, including storing water through AVEK and/or MWA groundwater banks, in the Antelope Valley Groundwater Basin, and/or exchanges. In addition, the Northern Pipeline could be operated to deliver up to 30,000 AFY between Barstow and the Los Angeles Aqueduct, provided that the incremental costs for accommodating the added quantities would be borne by the entity requesting the additional capacity.
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Additional Capacities. The Custodian may, at the same time it acts hereunder, act in any one or more of the following capacities: as registrar, transfer agent and custodian for the issuer of Fund Shares, as agent for the parties or for the Planholders or the Sponsor, or the issuer of Fund Shares, and in other capacities customary for banks on behalf of these persons and of others dealing with them.
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Additional Capacities. The Executive shall serve in any additional offices or positions of the Company and/or its subsidiaries and/or affiliates under common control with the Company (such subsidiaries and affiliates, the “Company Related Entities”), to which he may be elected or appointed by appropriate action of the Company or any Company Related Entity. The Executive shall serve in any such additional capacities without separate compensation for so serving, unless otherwise authorized by the Board of Directors.
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Additional Capacities. To the extent that Indemnitee, at the request of either Quintiles Company, is or was serving or has agreed to serve as a director, officer, partner, member, trustee, employee or agent of another foreign or domestic corporation, partnership, limited liability company, joint venture, trust, employee benefit plan or other enterprise, or as a trustee or administrator under any employee benefit plan of either Quintiles Company or any wholly owned subsidiary thereof, the indemnification provided hereunder will be secondary to any liability insurance and/or indemnification obligations provided by such other entity, and those obligations will be primary to the Quintiles Companies’ obligations hereunder; provided, however, that so long as Indemnitee has taken reasonable steps to exercise his or her rights and remedies against such entity prior to seeking indemnification or advance hereunder, Indemnitee will not be required to exhaust all rights and remedies against such entity prior to enforcing any provision of this Agreement.
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Additional Capacities. To the extent that Indemnitee is or was serving or has agreed to serve at the request of the Company as a director or officer of another foreign or domestic corporation, partnership, limited liability company, joint venture, trust, employee benefit plan or other enterprise, or as a trustee or administrator under any employee benefit plan of the Company or any wholly-owned subsidiary thereof, the indemnification provided hereunder will be secondary to any liability insurance and/or indemnification obligations provided by such enterprise, and those obligations will be primary to the Company’s obligations hereunder.
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Additional Capacities. In addition to performing services as a consultant during the term of this Agreement, it is anticipated that ▇▇▇▇▇ will be nominated for re-election to the Board of Directors of each of AGI, Mutual, and ALFC, and also nominated for re- election to the Board of Directors of their subsidiaries on which he is a member as of the date of this Agreement. If elected to the Board of Directors of each of AGI, Mutual, and ALFC, it is anticipated that ▇▇▇▇▇ will serve (in addition to any capacities to which he is appointed or elected) as Chairman of the Board of Directors and as Chairman of the Executive and Investment Committees of each of AGI, Mutual, and ALFC. For the term of this Agreement and in accordance with Mutual's nomination rights under the Stock Rights Agreement with AGI, Mutual agrees to nominate ▇▇▇▇▇ for re-election to the AGI Board of Directors. In addition, for the term of this Agreement and in accordance with Mutual's nomination rights under the Stock Rights Agreement with ALFC, Mutual agrees to nominate ▇▇▇▇▇ for re-election to the ALFC Board of Directors. ▇▇▇▇▇ understands that any such Board or committee nominations, elections, or appointments would be within the purview of individuals then serving as members of the Board of Directors, the shareholders of AGI and ALFC, or the policyholders of Mutual. Accordingly, ▇▇▇▇▇' obligation to perform the consulting services for ALLIED as contemplated in Section I above is an obligation independent from any obligations which may result from his service in any of the Board capacities contemplated in this Section II, and his obligation to perform such consulting services shall continue regardless of whether he is nominated, elected, or appointed to serve in any such capacities.
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Additional Capacities. To the extent that Indemnitee, at the request of the Company, is or was serving or has agreed to serve in a Constituent Capacity, the indemnification provided hereunder will be secondary to any liability insurance and/or indemnification obligations provided by each Constituent Enterprise, as applicable, and those obligations will be primary to the Company’s obligations hereunder; provided, however, that so long as Indemnitee has taken reasonable steps to exercise his or her rights and remedies against such Constituent Enterprise prior to seeking indemnification or advance hereunder, Indemnitee will not be required to exhaust all rights and remedies against such entity prior to enforcing any provision of this Agreement.
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Additional Capacities. It is acknowledged and agreed that Cone Mills is entering into, and will be bound by, this Agreement ▇▇▇▇ in its capacity as a seller under the Transfer Agreement and as a servicer under the Purchase Agreement, and all references herein to Cone Mills shall be deemed to include it in both such capacities. It is ▇▇▇▇▇er acknowledged and agreed that GECC is entering into, and will be bound by, this Agreement in each of its capacities as the Purchaser, the Operating Agent and the Collateral Agent, and all references herein to GECC shall be deemed to include it in all such capacities.
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Related to Additional Capacities

  • Individual Capacity The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and its Affiliates as though the Administrative Agent were not an Agent. With respect to the Loans made by it and all obligations owing to it, the Administrative Agent shall have the same rights and powers under this Agreement as any Lender and may exercise the same as though it were not an Agent, and the terms “Required Lenders”, “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

  • Legal Capacity All parties to the Mortgage Note and the Mortgage had legal capacity to enter into the Mortgage Loan and to execute and deliver the Mortgage Note and the Mortgage, and the Mortgage Note and the Mortgage have been duly and properly executed by such parties. The Mortgagor is a natural person;

  • Agent in Individual Capacity ▇▇▇▇▇ Fargo and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, provide Bank Products to, acquire Equity Interests in, and generally engage in any kind of banking, trust, financial advisory, underwriting, or other business with any Loan Party and its Subsidiaries and Affiliates and any other Person party to any Loan Document as though ▇▇▇▇▇ Fargo were not Agent hereunder, and, in each case, without notice to or consent of the other members of the Lender Group. The other members of the Lender Group acknowledge (and by entering into a Bank Product Agreement, each Bank Product Provider shall be deemed to acknowledge) that, pursuant to such activities, ▇▇▇▇▇ Fargo or its Affiliates may receive information regarding a Loan Party or its Affiliates or any other Person party to any Loan Documents that is subject to confidentiality obligations in favor of such Loan Party or such other Person and that prohibit the disclosure of such information to the Lenders (or Bank Product Providers), and the Lenders acknowledge (and by entering into a Bank Product Agreement, each Bank Product Provider shall be deemed to acknowledge) that, in such circumstances (and in the absence of a waiver of such confidentiality obligations, which waiver Agent will use its reasonable best efforts to obtain), Agent shall not be under any obligation to provide such information to them. The terms “Lender” and “Lenders” include ▇▇▇▇▇ Fargo in its individual capacity.

  • Financial Capacity (a) Taking into account the Financing Commitment, such Purchaser has, and at the Closing will have, sufficient resources to pay, in cash any and all amounts necessary for it to consummate the transactions contemplated hereby at the Closing, including payment of its Pro Rata Share of the Seller Purchase Price and the Company Purchase Price, and in the case of Purchaser A only, the Additional Company Purchase Price and the Election Purchase Price (to the extent payable hereunder) and all the fees and expenses expressly required to be paid by such Purchaser hereunder without any restrictions to transfer such funds at Closing to the Seller and the Company, as and to the extent required to be paid pursuant to, and subject to the terms of, this Agreement. The Sponsor affiliated with such Purchaser has, and at the Closing will have, sufficient resources to meet its obligations under its Commitment Letter as they become due. (b) As of the date of this Agreement, such Purchaser has delivered to the Seller a true, correct and complete copy of the Commitment Letter provided by its affiliated Sponsor, dated as of the date hereof. Such Commitment Letter has not been amended or modified, and the respective commitments contained in such Commitment Letter have not been withdrawn, terminated or rescinded. Such Commitment Letter (i) is in full force and effect, (ii) constitutes the legal, valid and binding obligation of such Purchaser and the Sponsor party thereto, and (iii) is enforceable by the Seller and the Company against such Purchaser and the Sponsor party thereto, in accordance with its terms, subject to bankruptcy, insolvency, reorganization and other Legal Requirements of general applicability relating to or affecting creditors’ rights and to general equity principles. There are no side letters or other Contracts related to the funding or investing, as applicable, of the applicable Financing Commitment other than such Commitment Letter. There are no conditions precedent to the consummation of such Financing Commitment other than those set forth in such Commitment Letter. As of the date of this Agreement, the Sponsor affiliated with such Purchaser is not subject to bankruptcy proceedings. (c) Notwithstanding anything to the contrary contained herein, in no event shall this Section 4.4 be deemed breached (and no condition set forth in Section 6.3 shall be deemed to have failed as a result of any actual or alleged breach of this Section 4.4), if (notwithstanding any actual or alleged breach), such Purchaser is willing and able to consummate its obligations at the Closing if and when it is otherwise required to do so under the terms and conditions of this Agreement.

  • Lender in Individual Capacity Any Lender and its respective Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, provide Bank Products to, acquire Equity Interests in and generally engage in any kind of banking, trust, financial advisory, underwriting, or other business with any Loan Party and its Subsidiaries and Affiliates and any other Person party to any Loan Documents as though such Lender were not a Lender hereunder without notice to or consent of the other members of the Lender Group (or the Bank Product Providers). The other members of the Lender Group acknowledge (and by entering into a Bank Product Agreement, each Bank Product Provider shall be deemed to acknowledge) that, pursuant to such activities, such Lender and its respective Affiliates may receive information regarding a Loan Party or its Affiliates or any other Person party to any Loan Documents that is subject to confidentiality obligations in favor of such Loan Party or such other Person and that prohibit the disclosure of such information to the Lenders, and the Lenders acknowledge (and by entering into a Bank Product Agreement, each Bank Product Provider shall be deemed to acknowledge) that, in such circumstances (and in the absence of a waiver of such confidentiality obligations, which waiver such Lender will use its reasonable best efforts to obtain), such Lender shall not be under any obligation to provide such information to them.