Grouped Into 14 Collections of Similar Clauses From Business Contracts
This page contains Appointment clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Appointment. The Parties hereby appoint the Escrow Agent as their escrow agent for the purposes set forth herein, and the Escrow Agent hereby accepts such appointment and agrees to act as escrow agent in accordance with the terms and conditions set forth herein.
Appointment. The Parties hereby appoint the Escrow Agent as their escrow agent for the purposes set forth herein, and the Escrow Agent hereby accepts such appointment and agrees to act as escrow agent in accordance with under the terms and conditions set forth herein.
Appointment. The Parties hereby appoint the Escrow Agent as their escrow agent for the purposes set forth herein, and the Escrow Agent hereby accepts such appointment and agrees to act as escrow agent in accordance with under the terms and conditions set forth herein.
Appointment. (a) The Parties Company, TipTop and the Sponsor hereby appoint the Escrow Agent to serve as their escrow agent for the purposes set forth herein, and the Escrow Agent hereby accepts such appointment under the terms and agrees to conditions set forth herein. (b) The Escrow Agent shall act as escrow agent only in accordance with the terms and conditions set forth herein. contained in this Agreement and shall have no duties or obligations with respect to the Merger Agreement and the Assurance Agree...ment. View More
Appointment. 1.1 Exclusive Appointment. SBA appoints Distributor as its exclusive distributor of the goods set forth in Schedule 1 ("Goods") in Morocco (Territory") during the Term, and Distributor accepts such appointment. Distributor shall not directly or indirectly market, advertise, promote, sell or distribute the Goods to any person located outside the Territory, including selling or distributing the Goods to any person for ultimate delivery or resale to persons outside the Territory. Potential addition...al developments related to racket sports industry will be offered to the appointed distributor when applicable. 1.2 No Right to Appoint Sub-distributors. Distributor shall not, without the prior written consent of SBA, appoint any sub-distributor or other person or entity to sell or distribute the Goods. 1.3 Trade and Agent Related Structure. The Distributor has the right to use a commission-based trade and agent related structure.View More
Appointment. 1.1 Exclusive Appointment. SBA appoints Distributor as its exclusive distributor of the goods set forth in Schedule 1 ("Goods") in Morocco (Territory") within JAPAN ("Territory") during the Term, and Distributor accepts such appointment. Distributor shall not directly or indirectly market, advertise, promote, sell or distribute the Goods to any person located outside the Territory, including selling or distributing the Goods to any person for ultimate delivery or resale to persons outside the Te...rritory. Potential additional developments related to racket sports industry will be offered to the appointed distributor when applicable. Territory 1.2 No Right to Appoint Sub-distributors. Distributor shall not, without the prior written consent of SBA, appoint any sub-distributor or other person or entity to sell or distribute the Goods. 1.3 Trade and Agent Related Structure. The Distributor has the right to use a commission-based trade and agent related structure.View More
Appointment. 1.1 Exclusive Appointment. SBA Contingent upon payment for an initial Purchase Order (as defined in Section 4.1) for Goods in an amount of at least $2,000,000.00 pursuant to the distributor pricing contained in Schedule l attached hereto (the "Initial Order"). Seller appoints Distributor as its exclusive distributor of the goods set forth in Schedule 1 ("Goods") in Morocco (Territory") Goods within the State of Nevada ("Territory") during the Term, and Distributor accepts such appointment. Distr...ibutor shall not directly or indirectly market, advertise, promote, sell or distribute the Goods to any person located outside the Territory, including selling or distributing the Goods to any person for ultimate delivery or resale to persons outside the Territory. Potential additional developments related to racket sports industry will be offered Notwithstanding the above, Seller may, directly or through distributors, market, advertise, promote, sell or distribute the Goods in the Territory to the appointed distributor when applicable. 1.2 excluded accounts set out in Schedule 1 ("Excluded Accounts"); provided, that during the Term hereof, Seller shall payDistributor a fee of five (5%) percent of the gross sales of any Goods sold to the Excluded Accounts for resale in the Territory. No Right to Appoint Sub-distributors. Distributor shall not, without the prior written consent of SBA, not appoint any sub-distributor or other person or entity to sell or distribute the Goods. 1.3 Trade Goods, without the prior written approval of Seller, said approval to not be unreasonably withheld. It is understood that for the purposes of this Agreement, Focus Distribution, LLC 1s an approved sub-distributor. Seller hereby avers that The Vape Store, Inc. is a wholly owned subsidiary of the Seller and Agent Related Structure. The Distributor that Seller has the right to use a commission-based trade and agent related structure. license the Goods to Distributor. View More
Appointment. The Company and the Operating Partnership hereby appoint the Advisor to serve as their advisor on the terms and conditions set forth in this Agreement, and the Advisor hereby accepts such appointment.
Appointment. The Company and the Operating Partnership hereby appoint the Advisor to serve as their advisor to perform the services set forth herein on the terms and subject to the conditions set forth in this Agreement, Agreement and subject to the supervision of the Board, and the Advisor hereby accepts such appointment.
Appointment. The Company and the Operating Partnership hereby appoint the Advisor to serve as their advisor to perform the services set forth herein on 10 the terms and subject to the conditions set forth in this Agreement, Agreement and subject to the supervision of the Board, and the Advisor hereby accepts such appointment.
Appointment. The Company and the Operating Partnership hereby appoint appoints the Advisor to serve as their its advisor to perform the services set forth herein on the terms and subject to the conditions set forth in this Agreement, Agreement and subject to the supervision of the Board, and the Advisor hereby accepts such appointment.
Appointment. a. The Agreement, hereby confirms Ms. Hand's appointment as Executive Vice President and chief revenue officer for TTEC business, reporting to TTEC Parent CEO; and as a member of TTEC Parent's Executive Committee. b. Ms. Hand shall devote her full-time and best efforts to the performance of all duties contemplated by her title and responsibilities, and as assigned to her from time to time by the CEO or his delegates. Unless otherwise specifically authorized in writing by TTEC Parent, Employee sh...all not engage in any other business activity, or otherwise be employed by any other company other than TTEC's subsidiaries. Notwithstanding the foregoing, Ms. Hand is not precluded by the terms of this Agreement from serving on boards of directors of other non-competitor companies or not-for-profit organizations with TTEC Parent's prior written approval. c. As a member of TTEC Parent Executive Committee, Ms. Hand shall render services to TTEC Parent as necessary and desirable to protect and advance the best interests of TTEC Parent and all its affiliated companies, acting at all times, in accordance with TTEC Ethics Code: How TTEC Does Business (or a successor code of conduct document), the Ethics Code for Executive and Senior Financial Officers, and in accordance with all other material policies and procedures. d. Ms. Hand's role with the Company requires extensive travel and Ms. Hand understands and agrees that such travel is a material part of her responsibilities. Ms. Hand shall travel in accordance with TTEC Parent travel policy. Notwithstanding the provisions of the travel policy to the contrary, the Company agrees that Ms. Hand will be permitted to travel in business class for international travel exceeding 6 hours in duration. e. Notwithstanding other provisions in this Agreement, but subject to the reasonable interpretation of provisions of Paragraph 6(j) (on "Constructive Termination"), Ms. Hand understands and agrees that her role and responsibilities may change over time in the best interest of the business, and TTEC Parent reserves the right to assign to Ms. Hand different roles and assignments that best serve the business.View More
Appointment. a. The Agreement, hereby confirms Ms. Hand's Mr. Pollema's appointment as Executive Vice President and chief revenue officer for TTEC Digital Technology business, reporting to TTEC Parent CEO; Parent's chief executive officer, Mr. Ken Tuchman (the "CEO"), and as a member of TTEC Parent's Executive Committee. b. Ms. Hand Mr. Pollema shall devote her his full-time and best efforts to the performance of all duties contemplated by her his title and responsibilities, and as assigned to her him from t...ime to time by the CEO or his delegates. Unless otherwise specifically authorized in writing by TTEC Parent, Employee shall not engage in any other business activity, or otherwise be employed by any other company other than TTEC's subsidiaries. Notwithstanding the foregoing, Ms. Hand Mr. Pollema is not precluded by the terms of this Agreement from serving on boards of directors of other non-competitor companies or not-for-profit organizations with TTEC Parent's prior written approval. c. As a member of TTEC Parent Executive Committee, Ms. Hand Mr. Pollema shall render services to TTEC Parent as necessary and desirable to protect and advance the best interests of TTEC Parent and all its affiliated companies, acting at all times, in accordance with TTEC Ethics Code: How TTEC Does Business (or a successor code of conduct document), the Ethics Code for Executive and Senior Financial Officers, and in accordance with all other material policies and procedures. d. Ms. Hand's Mr. Pollema's role with the Company requires company may require extensive travel and Ms. Hand Mr. Pollema understands and agrees that such travel is a material part of her his responsibilities. Ms. Hand Mr. Pollema shall travel in accordance with TTEC Parent travel policy. Notwithstanding the provisions of the travel policy to the contrary, the Company agrees that Ms. Hand Mr. Pollema will be permitted to travel in business class for international travel exceeding 6 hours in duration. e. Notwithstanding other provisions in this Agreement, but subject to the reasonable interpretation of provisions of Paragraph 6(j) (on "Constructive Termination"), Ms. Hand Mr. Pollema understands and agrees that her his role and responsibilities may change over time in the best interest of the business, and TTEC Parent reserves the right right, subject to provisions of Paragraph 6(j) to assign to Ms. Hand Mr. Pollema different roles and assignments that best serve the business. View More
Appointment. Upon your acceptance of this letter, your nomination and election as an independent director will be submitted to the Company's Board and stockholders for approval. Following your nomination and election, you shall hold office until such time that your successor is duly elected and qualified, or until your earlier death, retirement, resignation or removal from office. The terms and obligations under this letter agreement shall remain in full force and effect until your earlier death, retirement,... resignation or removal from the Board; provided that the obligations under Section 6 shall survive indefinitely.View More
Appointment. Upon your acceptance of this letter, in connection with the conversion of the Company from a Delaware limited liability company to a Delaware corporation (which is anticipated to occur on or before February 24, 2021) (the "Conversion"), your nomination and election to serve as an independent director Chairman of the Board will be submitted to the Company's other members of the Board and stockholders for approval. Following In connection with your nomination and election, appointment, you shall h...old office until such time that your successor is duly elected and qualified, or until your earlier death, retirement, resignation or removal from office. The terms and obligations under this letter agreement shall remain in full force and effect until your earlier death, retirement, resignation or removal from the Board; provided that the obligations under Section 6 shall survive indefinitely. View More
Appointment. Each Trust hereby appoints BNY Mellon as its agent for the term of this Agreement to perform the services described herein. BNY Mellon hereby accepts such appointment and agrees to perform the duties hereinafter set forth.
Appointment. Each Trust hereby appoints BNY Mellon as its agent for the term of this Agreement to perform the services described herein. herein and in any related service level agreement in effect between the parties. BNY Mellon hereby accepts such appointment and agrees to perform the services and duties hereinafter set forth.
Appointment. Each Trust The Trust, on behalf of each Fund, hereby appoints BNY Mellon as its agent for the term of this Agreement to perform the services described herein. BNY Mellon hereby accepts such appointment and agrees to perform the duties hereinafter set forth.
Appointment. Pursuant to the terms of the Trust's Amended and Restated Declaration of Trust and Trust Agreement (the "Trust Agreement"), Sponsor was appointed to serve as sponsor for the Trust, with full powers and rights to effectuate and carry out the purposes, activities and objectives of the Trust. Sponsor has accepted such appointment and hereby agrees to render such services to the Trust on the terms and conditions set forth in this Agreement and the Trust Agreement.
Appointment. Pursuant to the terms of the Trust's Second Amended and Restated Agreement and Declaration of Trust and Trust Agreement (the "Trust Agreement"), "Declaration of Trust"), Sponsor was appointed to serve as sponsor for the Trust, Funds, with full powers and rights to effectuate and carry out the purposes, activities and objectives of the Trust. Trust and the Funds. Sponsor has accepted such appointment and hereby agrees to render such services to the Trust and the Funds on the terms and conditions ...set forth in this Agreement and the Trust Agreement. Declaration of Trust. View More
Appointment. The Trust hereby appoints Sponsor as commodity pool operator for the Funds, with full power to supervise and direct the investment of the assets of the Funds as set forth herein. Sponsor hereby accepts such appointment and agrees to render services on the terms and conditions set forth in this Agreement.
Appointment. The Trust hereby appoints Sponsor as commodity pool operator trading advisor for the Funds, with full power to supervise and direct the investment of the assets of the Funds as set forth herein. Sponsor hereby accepts such appointment and agrees to render services on the terms and conditions set forth in this Agreement.
Appointment. The Parties hereby appoint and designate Escrow Agent to acquire and maintain possession of the Escrow Funds and to act as their escrow agent for the purposes set forth herein, and Escrow Agent hereby accepts such appointment under the terms and conditions set forth herein and agrees to assume and perform its duties and obligations pursuant to the terms and conditions set forth herein. Escrow Agent shall hold the Escrow Funds (as defined below) in accordance with, and shall not disburse or relea...se any of the Escrow Funds except in accordance with, the terms and conditions set forth in this Agreement.View More
Appointment. The Parties (a) Parent, Purchaser and the Members' Representative, on behalf of the Members, hereby appoint and designate the Escrow Agent as their escrow agent to acquire and maintain possession of the Escrow Funds Consideration and to act as their escrow agent for the purposes set forth herein, and the Escrow Agent hereby accepts such appointment under the terms and conditions set forth herein and agrees to assume and perform its duties and obligations pursuant to the terms and conditions set ...forth herein. The Escrow Agent shall hold the Escrow Funds (as defined below) Consideration in accordance with, and shall not disburse or release any of the Escrow Funds Consideration except in accordance with, the terms and conditions set forth in this Agreement. (b) The Escrow Agent shall have no duties or obligations with respect to the Underlying Agreement that are not set forth in this Agreement. View More
Appointment. 1.1 Company is making an offer (the "Subscription Offer") to issue to holders of record of its outstanding shares of common stock, par value $0.001 per share (the "Common Stock"), at the close of business on September 20, 2021 (the "Record Date"), the right to subscribe for and purchase (each, a "Right", and collectively, the "Rights") shares of common stock (the "Additional Common Stock") at a purchase price based on a formula equal to 92.5% of the average of the last reported sales price of a ...Common Stock on the New York Stock Exchange (the "NYSE") on the Expiration Date (as defined below) and each of the four (4) preceding trading days (except that if the formula price is less than 86% of the net asset value per Common Stock on the expiration date, then the subscription price will be 86% of the net asset value per Common Stock as of the close of trading on the NYSE on the expiration date (the "Subscription Price"), payable as described on the Subscription Form (as defined below) sent to eligible shareholders, upon the terms and conditions set forth herein. The term "Subscribed" shall mean submitted for purchase from Company by a stockholder in accordance with the terms of the Subscription Offer, and the term "Subscription(s)" shall mean any such submission. Company hereby appoints Agent to act as subscription agent in connection with the Subscription Offer and Agent hereby accepts such appointment in accordance with and subject to the terms and conditions of this Agreement. 1.2 The Subscription Offer will expire at 5:00pm, Eastern Time, on October 14, 2021 (the "Expiration Time"), unless Company shall have extended the period of time for which the Subscription Offer is open, in which event the term "Expiration Time" shall mean the latest time and date at which the Subscription Offer, as so extended by Company from time to time, shall expire. 1.3 Company has a shelf registration statement and supplement relating to the Additional Common Stock with the Securities and Exchange Commission under the Securities Act of 1933, as amended (the "1933 Act"), on August 26, 2021, and such registration statement became effective on September 9, 2021. The terms of the Additional Common Stock are more fully described in the prospectus forming a part of the registration statement as it became effective. All terms used and not defined herein shall have the same meaning(s) as in the prospectus. 1.4 Promptly after the Record Date, Company will furnish Agent with, or will instruct Agent, in its capacity as transfer agent for Company, to prepare, a certified list in a format acceptable to Agent of holders of record of the Common Stock at the Record Date, including each such holder's name, address, taxpayer identification number ("TIN"), share amount with applicable tax lot detail, any certificate detail and information regarding any applicable account stops or blocks (the "Record Stockholders List"). 1.5 No later than the earlier of (i) forty-five (45) days after the Record Date or (ii) January 15 of the year following the year in which the Record Date occurs, Company shall deliver to Agent written direction on the adjustment of cost basis for covered securities that arise from or are affected by the Subscription Offer in accordance with current Internal Revenue Service regulations (see the Tax Instruction/Cost Basis Information Letter attached hereto as Exhibit B for additional information) 2. Subscription of Rights. 2.1 The Rights entitle the holders to subscribe, upon payment of the Subscription Price, for shares of the Additional Common Stock at the rate of 1/3 share(s) for each Right (the "Basic Subscription Form of Subscription Agent Agreement - clean Page 2 Privilege"). No fractional Rights will be issued, but the Subscription Offer includes a step-up privilege entitling the holder of fewer than 3 Rights to subscribe for and pay the Subscription Price for one full share of the Common Stock. 2.2 If subscribing shareholders who exercise their Rights in full are entitled to exercise an oversubscription right, then Company shall provide Agent with instructions regarding the allocation to such shareholders of the Additional Common Stock after the initial allocation thereof. 2.3 Except as otherwise indicated to Agent by Company in writing, all of the Common Stock delivered hereunder upon the exercise of the Rights will be delivered free of restrictive legends. Company shall, if applicable, inform Agent as soon as possible in advance as to whether any Common Stock issued hereunder is to be issued with restrictive legend(s) and, if so, Company shall provide the appropriate legend(s) and a list identifying the affected shareholders, certificate numbers (if applicable) and share amounts for such affected shareholders.View More
Appointment. 1.1 The Company is (i) making an offer (the "Subscription Offer") to issue to the holders of record of its outstanding shares of common stock, Common Stock, par value $0.001 $0.01 per share (the "Common Stock"), at the close of business on September 20, 2021 April 15, 2016 (the "Record Date"), the right to subscribe for and purchase (each, (each a "Right", and collectively, the "Rights") "Right") shares of common stock Common Stock (the "Additional Common Stock") at a purchase price based on a f...ormula equal to 92.5% of the average $______ per share of the last reported sales price of a Additional Common Stock on the New York Stock Exchange (the "NYSE") on the Expiration Date (as defined below) and each of the four (4) preceding trading days (except that if the formula price is less than 86% of the net asset value per Common Stock on the expiration date, then the subscription price will be 86% of the net asset value per Common Stock as of the close of trading on the NYSE on the expiration date (the "Subscription Price"), payable as described on the Subscription Form (as defined below) sent to eligible shareholders, upon the terms and conditions set forth herein. The term "Subscribed" shall mean submitted for purchase from Company by a stockholder in accordance with the terms of the Subscription Offer, and the term "Subscription(s)" shall mean any such submission. Company hereby appoints Agent to act as subscription agent in connection with the Subscription Offer and Agent hereby accepts such appointment in accordance with and subject to the terms and conditions of this Agreement. 1.2 The Subscription Offer will expire at 5:00pm, 5:00 P.M., Eastern Time, on October 14, 2021 May 27, 2016 (the "Expiration Time"), unless the Company shall have extended the period of time for which the Subscription Offer is open, in which event the term "Expiration Time" shall mean the latest time and date at which the Subscription Offer, as so extended by the Company from time to time, shall expire. 1.3 The Company is also conducting a (ii) supplemental subscription offering to prospective new investors (the "Supplemental Offering"), each as described in and upon such terms as are set forth in the Prospectus, a final copy of which has been or, upon availability will promptly be, delivered to Agent. 1.5 The Company filed a shelf registration statement and supplement Registration Statement relating to the Additional Common Stock with the Securities and Exchange Commission under the Securities Act of 1933, as amended 1933 (the "1933 Act"), as amended, on August 26, 2021, July 18, 2013, and such registration statement became Registration Statement was declared effective on September 9, 2021. The terms of the Additional Common Stock are more fully described in the prospectus forming a part of the registration statement as it became effective. All terms used and not defined herein shall have the same meaning(s) as in the prospectus. 1.4 24, 2013 . 1.6 Promptly after the Record Date, the Company will furnish Agent, or instruct Agent with, or will instruct Agent, in its capacity as transfer agent for the Company, to prepare, prepare a certified list in a format acceptable to Agent of holders of record of the Common Stock Shares at the Record Date, including each such holder's name, address, taxpayer identification number ("TIN"), share Share amount with applicable tax lot detail, any certificate detail and information regarding any applicable account stops or blocks (the "Record Stockholders List"). 1.5 1.7 No later than the earlier of (i) forty-five (45) days after the Record Date or Dateor (ii) January 15 of the year following the year in which the Record Date occurs, the Company shall deliver to Agent written direction on the adjustment of cost basis for covered securities that arise from or are affected by the Subscription Offer in accordance with current Internal Revenue Service regulations (see the Tax Instruction/Cost Basis Information Letter attached hereto as Exhibit B for additional information) 2. Subscription of Rights. 2.1 The Rights entitle the holders to subscribe, upon payment of the Subscription Price, for shares of the Additional Common Stock at the rate of 1/3 share(s) for each Right (the "Basic Subscription Form of Subscription Agent Agreement - clean Page 2 Privilege"). No fractional Rights will be issued, but the Subscription Offer includes a step-up privilege entitling the holder of fewer than 3 Rights to subscribe for and pay the Subscription Price for one full share of the Common Stock. 2.2 If subscribing shareholders who exercise their Rights in full are entitled to exercise an oversubscription right, then Company shall provide Agent with instructions regarding the allocation to such shareholders of the Additional Common Stock after the initial allocation thereof. 2.3 Except as otherwise indicated to Agent by Company in writing, all of the Common Stock delivered hereunder upon the exercise of the Rights will be delivered free of restrictive legends. Company shall, if applicable, inform Agent as soon as possible in advance as to whether any Common Stock issued hereunder is to be issued with restrictive legend(s) and, if so, Company shall provide the appropriate legend(s) and a list identifying the affected shareholders, certificate numbers (if applicable) and share amounts for such affected shareholders. regulations. View More