Common use of Trustee and Agent Clause in Contracts

Trustee and Agent. Each Party acknowledges that the other Party is acting as trustee and agent for the remaining Purchaser Indemnified Parties or Vendor Indemnified Parties, as the case may be, on whose behalf and for whose benefit the indemnity in Section 10.1 or Section 10.2, as the case may be, is provided and that such remaining Indemnified Parties shall have the full right and entitlement to take the benefit of and enforce such indemnity notwithstanding that they may not individually be parties to this Agreement. Each Party agrees that the other Party may enforce the indemnity for and on behalf of such remaining Indemnified Parties and, in such event, the Party from whom indemnification is sought will not in any proceeding to enforce the indemnity by or on behalf of such remaining Indemnified Parties assert any defence thereto based on the absence of authority or consideration or privity of contract and irrevocably waives the benefit of any such defence.

Appears in 1 contract

Sources: Asset Purchase Agreement (Optimal Group Inc)

Trustee and Agent. Each Party acknowledges that the other Party Purpose is acting as trustee and agent for the remaining Purchaser Purpose Indemnified Parties or Vendor and that the Trusts and Administrators are acting as trustee and agent for the Trust Indemnified Parties, as the case may beapplicable, on whose behalf and for whose benefit the indemnity in Section 10.1 or 8.1 and Section 10.28.3, as the case may be, is provided and that such remaining Indemnified Parties shall have the full right and entitlement to take the benefit of and enforce such indemnity notwithstanding that they may not individually be parties to this Agreement. Each Party agrees that the other Party Parties may enforce the indemnity for and on behalf of such remaining the applicable Indemnified Parties and, in such event, the Party from whom indemnification is sought will not in any proceeding to enforce the indemnity by or on behalf of such remaining Indemnified Parties assert any defence defense thereto based on the absence of authority or consideration or privity of contract and irrevocably waives the benefit of any such defencedefense.

Appears in 1 contract

Sources: Definitive Agreement (Central GoldTrust)

Trustee and Agent. Each Party acknowledges that the other Party is acting as trustee and agent for the remaining Purchaser Indemnified Parties or Vendor Indemnified Parties, as the case may be, on whose behalf and for whose benefit the indemnity in Section 10.1 9.1 or Section 10.29.2, as the case may be, is provided and that such remaining Indemnified Parties shall have the full right and entitlement to take the benefit of and enforce such indemnity notwithstanding that they may not individually be parties to this Agreement. Each Party agrees that the other Party may enforce the indemnity for and on behalf of such remaining Indemnified Parties and, in such event, the Party from whom indemnification is sought will not in any proceeding to enforce the indemnity by or on behalf of such remaining Indemnified Parties assert any defence thereto based on the absence of authority or consideration or privity of contract and irrevocably waives the benefit of any such defence.

Appears in 1 contract

Sources: Purchase Agreement

Trustee and Agent. Each Party acknowledges The Purchaser, on the one hand, and the Vendor, on the other hand, acknowledge that the other Party is acting as trustee and agent for the remaining Purchaser Indemnified Parties or and the Vendor Indemnified Parties, as the case may berespectively, on whose behalf and for whose benefit the indemnity indemnities in Section 10.1 or Section 10.2, as the case may be, is this Article 8 are provided and that such remaining Indemnified Parties shall have the full right and entitlement to take the benefit of and enforce such indemnity notwithstanding that they may not individually be parties to this Agreement. Each Party agrees The Parties agree that the other Party may enforce the indemnity for and on behalf of such remaining Indemnified Parties and, in such event, the Party from whom indemnification is sought will not in any proceeding to enforce the indemnity by or on behalf of such remaining Indemnified Parties assert any defence thereto based on the absence of authority or consideration or privity of contract and irrevocably waives the benefit of any such defence.

Appears in 1 contract

Sources: Share Purchase Agreement (First Majestic Silver Corp)

Trustee and Agent. Each Party acknowledges that the other Party is acting as trustee and agent for the remaining Purchaser Indemnified Parties or Vendor Company Indemnified Parties, as the case may be, on whose behalf and for whose benefit the indemnity in Section 10.1 9.1 or Section 10.29.2, as the case may be, is provided and that such remaining Indemnified Parties shall have the full right and entitlement to take the benefit of and enforce such indemnity notwithstanding that they may not individually be parties to this Agreement. Each Party agrees that the other Party may enforce the indemnity for and on behalf of such remaining Indemnified Parties and, in such event, the Party from whom indemnification is sought will not in any proceeding to enforce the indemnity by or on behalf of such remaining Indemnified Parties assert any defence thereto based on the absence of authority or consideration or privity of contract and irrevocably waives the benefit of any such defence.

Appears in 1 contract

Sources: Share Purchase Agreement

Trustee and Agent. Each Party acknowledges The Purchaser, on the one hand, and the Vendor, on the other hand, acknowledge that the other Party is acting as trustee and agent for the remaining Purchaser Indemnified Parties or and the Vendor Indemnified Parties, as the case may berespectively, on whose behalf and for whose benefit the indemnity indemnities in Section 10.1 or Section 10.2, as the case may be, is Article 11 are provided and that such remaining Indemnified Parties shall have the full right and entitlement to take the benefit of and enforce such indemnity notwithstanding that they may not individually be parties to this Agreement. Each Party agrees The Parties agree that the other Party may enforce the indemnity for and on behalf of such remaining Indemnified Parties and, in such event, the Party from whom indemnification is sought will not in any proceeding to enforce the indemnity by or on behalf of such remaining Indemnified Parties assert any defence thereto based on the absence of authority or consideration or privity of contract and irrevocably waives the benefit of any such defence.

Appears in 1 contract

Sources: Share Purchase Agreement (Shaw Communications Inc)

Trustee and Agent. Each Party acknowledges The Purchaser, on the one hand, and the Vendor, on the other hand, acknowledge that the other Party is acting as trustee and agent for the remaining Purchaser Indemnified Parties or and the Vendor Indemnified Parties, as the case may berespectively, on whose behalf and for whose benefit the indemnity indemnities in Section 10.1 or Section 10.2, as the case may be, is Article 8 are provided and that such remaining Indemnified Parties shall have the full right and entitlement to take the benefit of and enforce such indemnity notwithstanding that they may not individually be parties to this Agreement. Each Party agrees The Parties agree that the other Party may enforce the indemnity for and on behalf of such remaining Indemnified Parties and, in such event, the Party from whom indemnification is sought will not in any proceeding to enforce the indemnity by or on behalf of such remaining Indemnified Parties assert any defence thereto based on the absence of authority or consideration or privity of contract and irrevocably waives the benefit of any such defence.

Appears in 1 contract

Sources: Share Purchase Agreement (Equinox Gold Corp.)