Reliance on Attorneys and Agents. The Warrant Agent may execute and exercise any of the rights or powers hereby vested in it or perform any duty hereunder either itself or by or through its attorneys or agents, and the Warrant Agent shall not be answerable or accountable for any act, omission, default, neglect or misconduct of any such attorneys or agents or for any loss to the Company resulting from any such act, omission, default, neglect or misconduct, absent gross negligence, willful misconduct or bad faith in the selection and continued employment thereof (which gross negligence, willful misconduct or bad faith must be determined by a final, non-appealable judgment of a court of competent jurisdiction).
Appears in 7 contracts
Sources: Assignment, Assumption and Amendment Agreement (Niocorp Developments LTD), Assignment, Assumption and Amendment Agreement (Alvotech), Assignment and Assumption Agreement (New Duke Holdco, Inc.)
Reliance on Attorneys and Agents. The Warrant Rights Agent may execute and exercise any of the rights or powers hereby vested in it or perform any duty hereunder either itself or by or through its attorneys or agents, and the Warrant Rights Agent shall not be answerable or accountable for any act, omission, default, neglect or misconduct of any such attorneys or agents or for any loss to the Company or any other Person resulting from any such act, omission, default, neglect or misconduct, absent gross negligence, willful misconduct negligence or bad faith in the selection and continued employment thereof (which gross negligence, willful misconduct negligence or bad faith must be determined by a final, non-appealable judgment of a court of competent jurisdiction).
Appears in 4 contracts
Sources: Rights Agreement, Rights Agreement (Spok Holdings, Inc), Debt Conversion and Purchase and Sale Agreement (B. Riley Financial, Inc.)
Reliance on Attorneys and Agents. The Warrant Rights Agent may execute and exercise any of the rights or powers hereby vested in it or perform any duty hereunder either itself or by or through its attorneys or agents, and the Warrant Rights Agent shall not be answerable or accountable for any act, omission, default, neglect or misconduct of any such attorneys or agents or for any loss to the Company Company, to the holders of the Rights or any other Person resulting from any such act, omission, default, neglect or misconduct, absent gross negligence, willful misconduct negligence or bad faith in the selection and continued employment thereof (which gross negligence, willful misconduct negligence or bad faith must be determined by a final, non-appealable judgment of a court of competent jurisdiction).
Appears in 4 contracts
Sources: Rights Agreement (Warrior Met Coal, Inc.), Rights Agreement (Bank of Marin Bancorp), Rights Agreement (Skullcandy, Inc.)
Reliance on Attorneys and Agents. The Warrant Agent may execute and exercise any of the rights or powers hereby vested in it or perform any duty hereunder either itself or by or through its attorneys or agents, and the Warrant Agent shall not be answerable or accountable for any act, omission, default, neglect or misconduct of any such attorneys or agents or for any loss to the Company resulting from any such act, omission, default, neglect or misconduct, absent gross negligence, fraud, willful misconduct or bad faith in the selection and continued employment thereof (which gross negligence, fraud, willful misconduct or bad faith must be determined by a final, non-non- appealable judgment of a court of competent jurisdiction).
Appears in 2 contracts
Sources: Warrant Amendment Agreement (Carbon Revolution Public LTD Co), Assignment and Assumption Agreement (Carbon Revolution Public LTD Co)
Reliance on Attorneys and Agents. The Warrant Agent may execute and exercise any of the rights or powers hereby vested in it or perform any duty hereunder either itself or by or through its attorneys or agents, and the Warrant Agent shall not be answerable or accountable for any act, omission, default, neglect or misconduct of any such attorneys or agents or for any loss to the Company resulting from any such act, omission, default, neglect or misconduct, absent gross negligence, willful misconduct or bad faith in the selection and continued employment thereof (which gross negligence, willful misconduct or bad faith must be determined by a final, non-non- appealable judgment of a court of competent jurisdiction).
Appears in 2 contracts
Sources: Assignment, Assumption and Amendment Agreement (Noventiq Holding Co), Assignment, Assumption and Amendment Agreement (ESS Tech, Inc.)
Reliance on Attorneys and Agents. The Warrant Agent may execute and exercise any of the rights or powers hereby vested in it or perform any duty hereunder either itself or by or through its attorneys or agents, and the Warrant Agent shall not be answerable or accountable for any act, omission, default, neglect or misconduct of any such attorneys or agents or for any loss to the Company resulting from any such act, omission, default, neglect or misconduct, absent gross negligence, willful wilful misconduct or bad faith in the selection and continued employment thereof (which gross negligence, willful wilful misconduct or bad faith must be determined by a final, non-appealable judgment of a court of competent jurisdiction).”
Appears in 2 contracts
Sources: Warrant Amendment Agreement, Warrant Amendment Agreement (MariaDB PLC)
Reliance on Attorneys and Agents. The Warrant Agent may execute and exercise any of the rights or powers hereby vested in it or perform any duty hereunder either itself or by or through its attorneys or agents, and the Warrant Agent shall not be answerable or accountable for any act, omission, default, neglect or misconduct of any such attorneys or agents or for any loss to the Company resulting from any such act, omission, default, neglect or misconduct, absent gross negligence, willful wilful misconduct or bad faith in the selection and continued employment thereof (which gross negligence, willful wilful misconduct or bad faith must be determined by a final, non-appealable judgment of a court of competent jurisdiction).”
Appears in 1 contract
Reliance on Attorneys and Agents. The Warrant Agent may execute and exercise any of the rights or powers hereby vested in it or perform any duty hereunder either itself or by or through its attorneys or agents, and the Warrant Agent shall not be answerable or accountable for any act, omission, default, neglect or misconduct of any such attorneys or agents or for any loss to the Company Issuer resulting from any such act, omission, default, neglect or misconduct, absent gross negligence, willful misconduct or bad faith in the selection and continued employment thereof (which gross negligence, willful misconduct or bad faith must be determined by a final, non-appealable judgment of a court of competent jurisdiction).
Appears in 1 contract
Reliance on Attorneys and Agents. The Warrant Rights Agent may execute and exercise any of the rights or powers hereby vested in it or perform any duty hereunder either itself or by or through its attorneys or agents, and the Warrant Rights Agent shall not be answerable or accountable for any act, omission, default, neglect or misconduct of any such attorneys or agents or for any loss to the Company resulting from any such act, omission, default, neglect or misconduct, absent gross negligence, bad faith or willful misconduct or bad faith in the selection and continued employment thereof (which gross negligence, bad faith or willful misconduct or bad faith must be determined by a final, non-appealable judgment order, judgment, decree or ruling of a court of competent jurisdiction).
Appears in 1 contract
Reliance on Attorneys and Agents. The Warrant Agent may execute and exercise any of the rights or powers hereby vested in it or perform any duty hereunder either itself or by or through its attorneys or agents, and the Warrant Agent shall not be answerable or accountable for any act, omission, default, neglect or misconduct of any such attorneys or agents or for any loss to the Company resulting from any such act, omission, default, neglect or misconduct, absent gross negligence, fraud, willful misconduct or bad faith in the selection and continued employment thereof (which gross negligence, fraud, willful misconduct or bad faith must be determined by a final, non-appealable judgment of a court of competent jurisdiction).
Appears in 1 contract
Sources: Warrant Amendment Agreement (Carbon Revolution Public LTD Co)
Reliance on Attorneys and Agents. The Warrant Agent may execute and exercise any of the rights or powers hereby vested in it or perform any duty hereunder either itself or by or through its attorneys or agents, and the Warrant Agent shall not be answerable or accountable for any act, omission, default, neglect or misconduct of any such attorneys or agents or for any loss to the Company resulting from any such act, omission, default, neglect or misconduct, absent gross negligence, willful misconduct misconduct, fraud or bad faith in the selection and continued employment thereof (which gross negligence, willful misconduct misconduct, fraud or bad faith must be determined by a final, non-appealable judgment of a court of competent jurisdiction).
Appears in 1 contract
Reliance on Attorneys and Agents. The Warrant Agent may execute and exercise any of the rights or powers hereby vested in it or perform any duty hereunder either itself or by or through its attorneys or agents, and the Warrant Agent shall not be answerable or accountable for any act, omission, default, neglect or misconduct of any such attorneys or agents or for any loss to the Company resulting from any such act, omission, default, neglect or misconduct, absent gross negligence, willful misconduct or bad faith in the selection and continued employment thereof (which gross negligence, willful misconduct or bad faith must be determined by a final, non-appealable judgment of a court of competent jurisdiction).
Appears in 1 contract
Reliance on Attorneys and Agents. The Warrant Rights Agent may execute and exercise any of the rights or powers hereby vested in it or perform any duty hereunder either itself or by or through its attorneys or agents, and the Warrant Rights Agent shall not be answerable or accountable for any act, omission, default, neglect or misconduct of any such attorneys or agents or for any loss to the Company Company, any holder of Rights, or any other Person resulting from any such act, omission, default, neglect or misconduct, absent gross negligence, bad faith or willful misconduct or bad faith in the selection and continued employment thereof (which gross negligence, bad faith or willful misconduct or bad faith must be determined by a final, non-appealable judgment of a court of competent jurisdiction).
Appears in 1 contract
Sources: Rights Agreement (TrueBlue, Inc.)
Reliance on Attorneys and Agents. The Warrant Rights Agent may execute and exercise any of the rights or powers hereby vested in it or perform any duty hereunder either itself or by or through its attorneys or agents, and the Warrant Rights Agent shall not be answerable or accountable for any act, omission, default, neglect or misconduct of any such attorneys or agents or for any loss to the Company or any other Person resulting from any such act, omission, default, neglect or misconduct, absent gross negligence, willful misconduct or bad faith in the selection and continued employment thereof (which gross negligence, negligence willful misconduct or bad faith must be determined by a final, non-appealable judgment of a court of competent jurisdiction).
Appears in 1 contract
Sources: Tax Benefit Preservation Plan (Extreme Networks Inc)
Reliance on Attorneys and Agents. The Warrant Rights Agent may execute and exercise any of the rights or powers hereby vested in it or perform any duty hereunder either itself (through its directors, officers and employees) or by or through its attorneys or agents, and the Warrant Rights Agent shall not be liable, answerable or accountable for any act, omission, default, neglect or misconduct of any such attorneys or agents or for any loss to the Company Company, any holder of Rights or any other Person resulting from any such act, omission, default, neglect or misconduct, absent gross negligence, bad faith or willful misconduct or bad faith in the selection and continued employment thereof (which gross negligence, willful misconduct or bad faith must be each as determined by a final, non-appealable final judgment of a court of competent jurisdiction)) in the selection and continued employment thereof.
Appears in 1 contract
Reliance on Attorneys and Agents. The Warrant Rights Agent may execute and exercise any of the rights or powers hereby vested in it or perform any duty hereunder either itself (through its directors, officers and employees) or by or through its attorneys or agents, and the Warrant Rights Agent shall not be answerable or accountable for any act, omission, default, neglect or misconduct of any such attorneys or agents or for any loss to the Company or any other Person resulting from any such act, omission, default, neglect or misconduct, absent gross negligence, bad faith or willful misconduct or bad faith in the selection and continued employment thereof (which gross negligence, bad faith or willful misconduct or bad faith must be determined by a final, non-appealable judgment order, judgment, decree or ruling of a court of competent jurisdiction).
Appears in 1 contract
Sources: Rights Agreement (GeoEye, Inc.)
Reliance on Attorneys and Agents. The Warrant Agent may execute and exercise any of the rights or powers hereby vested in it or perform any duty hereunder either itself or by or through its attorneys or agents, and the Warrant Agent shall not be answerable or accountable for any act, omission, default, neglect or misconduct of any such attorneys or agents or for any loss to the Company resulting from any such act, omission, default, neglect or misconduct, absent gross negligence, willful misconduct or bad faith in the selection and continued employment thereof (which gross negligence, willful misconduct or bad faith must be determined by a final, non-non- appealable judgment judgement of a court of competent jurisdiction).
Appears in 1 contract
Sources: Assignment and Assumption Agreement (Ginkgo Bioworks Holdings, Inc.)
Reliance on Attorneys and Agents. The Warrant Agent may execute and exercise any of the rights or powers hereby vested in it or perform any duty hereunder either itself or by or through its attorneys or agents, and the Warrant Agent shall not be answerable or accountable for any act, omission, default, neglect or misconduct of any such attorneys or agents or for any loss to the Company resulting from any such act, omission, default, neglect or misconduct, absent bad faith, fraud, gross negligence, negligence or willful misconduct or bad faith in the selection and continued employment thereof (which bad faith, fraud, gross negligence, negligence or willful misconduct or bad faith must be determined by a final, non-non- appealable judgment of a court of competent jurisdiction).
Appears in 1 contract
Sources: Assignment, Assumption and Amendment Agreement (OmniAb, Inc.)
Reliance on Attorneys and Agents. The Warrant Rights Agent may execute and exercise any of the rights or powers hereby vested in it or perform any duty hereunder either itself (through its directors, officers and employees) or by or through its attorneys or agents, and the Warrant Rights Agent shall not be answerable or accountable for any act, omission, default, neglect or misconduct of any such attorneys or agents or for any loss to the Company or any other Person resulting from any such act, omission, default, neglect or misconduct, absent gross negligence, bad faith or willful misconduct or bad faith in the selection and continued employment thereof (which gross negligence, bad faith or willful misconduct or bad faith must be determined by a final, non-appealable judgment (or order, decree or ruling related to such judgment) of a court of competent jurisdiction).
Appears in 1 contract
Reliance on Attorneys and Agents. The Warrant Rights Agent may execute and exercise any of the rights or powers hereby vested in it or perform any duty hereunder either itself (through its directors, officer and employees) or by or through its attorneys or agents, and the Warrant Rights Agent shall not be answerable or accountable for any act, omission, default, neglect or misconduct of any such attorneys or agents or for any loss to the Company or any other Person resulting from any such act, omission, default, neglect or misconduct, absent gross negligence, willful misconduct negligence or bad faith in the selection and continued employment thereof (which gross negligence, willful misconduct negligence or bad faith must be determined by a final, non-appealable judgment order, judgment, decree or ruling of a court of competent jurisdiction).
Appears in 1 contract
Sources: Rights Agreement (Micrel Inc)