Relationship Among Parties Contract Clauses (91)

Grouped Into 8 Collections of Similar Clauses From Business Contracts

This page contains Relationship Among Parties clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Relationship Among Parties. Notwithstanding anything herein to the contrary, the duties and obligations of the Restructuring Support Parties under this Agreement shall be 25 several, not joint. No Restructuring Support Party shall, as a result of its entering into and performing its obligations under this Agreement, be deemed to be part of a "group" (as that term is used in section 13(d) of the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder) with any of the other Restructu...ring Support Parties. It is understood and agreed that no Consenting Creditor has any duty of trust or confidence in any kind or form with any other Consenting Creditor, and, except as expressly provided in this Agreement, there are no commitments among or between them. In this regard, it is understood and agreed that any Consenting Creditor may trade in the Claims or other debt or equity securities of the Company without the consent of the Company or any other Consenting Creditor, subject to applicable securities laws, the terms of this Agreement, and the terms of the First Lien Bank Documents and the First Lien Indentures; provided, however, that no Consenting Creditor shall have any responsibility for any such trading to any other entity by virtue of this Agreement. No prior history, pattern, or practice of sharing confidences among or between the Consenting Creditors shall in any way affect or negate this understanding and agreement. View More
Found in CAESARS ENTERTAINMENT Corp contract
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Relationship Among Parties. Notwithstanding anything herein to the contrary, the duties and obligations of the Restructuring Support Parties Consenting Creditors under this Agreement shall be 25 several, not joint. No Restructuring Support Party Consenting Creditor shall, as a result of its entering into and performing its obligations under this Agreement, be deemed to be part of a "group" (as that term is used in section 13(d) of the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated th...ereunder) with any of the other Restructuring Support Parties. Consenting Creditors. It is understood and agreed that no Consenting Creditor has any duty of trust or confidence in any kind or form with any other Consenting Creditor, and, except as expressly provided in this Agreement, there are no commitments among or between them. In this regard, it is understood and agreed that any Consenting Creditor may trade in the Claims or other debt or equity securities of the Company without the consent of the Company or any other Consenting Creditor, subject to applicable securities laws, the terms of this Agreement, and the terms of the First Lien Bank Documents and the First Lien Indentures; provided, however, that no Consenting Creditor shall have any responsibility for any such trading to any other entity by virtue of this Agreement. No prior history, pattern, or practice of sharing confidences among or between the Consenting Creditors shall in any way affect or negate this understanding and agreement. View More
Found in PACIFIC GAS & ELECTRIC Co contract
Relationship Among Parties. Notwithstanding anything herein to the contrary, the duties and obligations of the Restructuring Support Parties Consenting Creditors under this Agreement shall be 25 several, not joint. No Restructuring Support Party Consenting Creditor shall, as a result of its entering into and performing its obligations under this Agreement, be deemed to be part of a "group" (as that term is used in section 13(d) of the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated th...ereunder) with any of the other Restructuring Support Parties. Consenting Creditor. It is understood and agreed that no Consenting Creditor has any duty of trust or confidence in any kind or form with any other Consenting Creditor, and, except as expressly provided in this Agreement, there are no commitments among or between them. In this regard, it is understood and agreed that any Consenting Creditor may trade in the Claims or other debt or equity securities of the Company without the consent of the Company or any other Consenting Creditor, but subject to applicable securities laws, the terms of this Agreement, and the terms of the First Lien Bank Documents Term Loan Credit Agreement and the First Lien Indentures; provided, however, that no Consenting Creditor shall have any responsibility for any such trading to any other entity by virtue of this Agreement. No prior history, pattern, or practice of sharing confidences among or between the Consenting Creditors shall in any way affect or negate this understanding and agreement. 23. REMEDIES. It is understood and agreed by the Parties that, without limiting any other remedies available at law or equity, money damages would be an insufficient remedy for any breach of this Agreement by any Party and each non-breaching Party shall be entitled to specific performance and injunctive or other equitable relief as a remedy of any such breach, including, without limitation, an order of the Bankruptcy Court or other court of competent jurisdiction requiring any Party to comply promptly with any of its obligations hereunder, without the necessity of proving the inadequacy of money damages as a remedy. Each of the Parties hereby waives any defense that a remedy at law is adequate and any requirement to post bond or other security in connection with actions instituted for injunctive relief, specific performance, or other equitable remedies. View More
Found in CLAIRES STORES INC contract
Relationship Among Parties. Notwithstanding anything herein to the contrary, the duties and obligations of the Restructuring Support Parties under this Agreement shall be 25 several, not joint. No Restructuring Support Party shall, as a result of its entering into and performing its obligations under this Agreement, be deemed to be part of a "group" (as that term is used in section 13(d) of the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder) with any of the other Restructu...ring Support Parties. It is understood and agreed that no Consenting Second Lien Creditor has any duty of trust or confidence in any kind or form with any other Consenting Creditor, Second Lien Creditor or the Second Lien Committee, and, except as expressly provided in this Agreement, there are no commitments 35 among or between them. In this regard, it is understood and agreed that any Consenting Second Lien Creditor may trade in the Claims or other debt or equity securities of the Company without the consent of the Company or Company, any other Consenting Second Lien Creditor, or the Second Lien Committee, subject to applicable securities laws, the terms of this Agreement, and the terms of the First Lien Bank Documents and the First Second Lien Indentures; provided, however, that no Consenting Second Lien Creditor shall have any responsibility for any such trading to any other entity by virtue of this Agreement. No prior history, pattern, or practice of sharing confidences among or between the Consenting Second Lien Creditors shall in any way affect or negate this understanding and agreement. View More
Found in Caesars Acquisition Co contract
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Relationship Among Parties. Unless expressly stated herein, this Agreement shall be solely for the benefit of the Parties and no other person or entity shall be a third-party beneficiary hereof. No Party shall have any responsibility for any trading by any other entity by virtue of this Agreement. No prior history, pattern or practice of sharing confidences among or between the Parties shall in any way affect or negate this understanding and agreement. The Parties have no agreement, arrangement, or understanding with respe...ct to acting together for the purpose of acquiring, holding, voting or disposing of any equity securities of the Company and do not constitute a "group" within the meaning of Rule 13d-5 under the Securities Exchange Act of 1934, as amended. View More
Found in Fairway Group Holdings Corp contract
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Relationship Among Parties. Unless expressly stated herein, this Agreement shall be solely for the benefit of the Parties and no other person or entity shall be a third-party beneficiary hereof. No Party shall have any responsibility for any trading by any other entity by virtue of this Agreement. No prior history, pattern pattern, or practice of sharing confidences among or between the Parties shall in any way affect or negate this understanding and agreement. The Parties Parties, other than the Shareholder Proponents, ha...ve no agreement, arrangement, or understanding with respect to acting together for the purpose of acquiring, holding, voting voting, or disposing of any equity securities of the Company Debtors and do not constitute a "group" within the meaning of Rule 13d-5 under the Securities Exchange Act of 1934, Act, as amended. View More
Found in PACIFIC GAS & ELECTRIC Co contract
Relationship Among Parties. Unless expressly stated herein, this Agreement shall be solely for the benefit of the Parties and no other person or entity Person shall be a third-party beneficiary hereof. No Party shall have any responsibility for any trading the transfer, sale, purchase, or other disposition of securities by any other entity (other than any beneficial owner with respect to which it has investment or voting discretion over such security), including with respect to the Priority Guaranteed Notes or Legacy Notes..., by virtue of this Agreement. No prior history, pattern pattern, or practice of sharing confidences among or between the Parties shall in any way affect or negate this 27 understanding and agreement. The Parties have no agreement, arrangement, or understanding with respect to acting together for the purpose of acquiring, holding, voting voting, or disposing of any equity securities of the Company and do not constitute a "group" within the meaning of Rule 13d-5 under the Securities Exchange Act of 1934, as amended. View More
Found in NOBLE CORP contract
Relationship Among Parties. Unless expressly stated herein, this Agreement shall be solely for the benefit of the Parties and no other person or entity shall be a third-party beneficiary hereof. No Party shall have any responsibility for any trading the transfer, sale, purchase, or other disposition of securities by any other entity by virtue of this Agreement. No prior history, pattern pattern, or practice of sharing confidences among or between the Parties shall in any way affect or negate this understanding and agreemen...t. The Parties have no agreement, arrangement, or understanding with respect to acting together for the purpose of acquiring, holding, voting voting, or disposing of any equity securities of the Company and do not constitute a "group" within the meaning of Rule 13d-5 under the Securities Exchange Act of 1934, as amended. View More
Found in AEROCENTURY CORP contract
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Relationship Among Parties. CNHICA and the Seller acknowledge and agree that the Underwriters are acting solely in the capacity of an arm's length contractual counterparty to CNHICA and the Seller with respect to the offering of the Notes contemplated hereby (including in connection with determining the terms of the offering) and not as a financial advisor or a fiduciary to, or an agent of, CNHICA, the Seller or any other person. Additionally, none of the Underwriters are advising CNHICA, the Seller or any other person as ...to any legal, tax, investment, accounting or regulatory matters in any jurisdiction. CNHICA and the Seller shall consult with their own advisors concerning such matters and shall be responsible for making their own independent investigation and appraisal of the transactions contemplated hereby, and the Underwriters shall have no responsibility or liability to CNHICA or the Seller with respect to any such legal, tax, investment, accounting or regulatory matters. Any review by the Underwriters of CNHICA, the Seller, the transactions contemplated hereby or other matters relating to such transactions will be performed solely for the benefit of the Underwriters and shall not be on behalf of CNHICA or the Seller. 28 15. Notices. All communications hereunder will be in writing and, if sent to the Underwriters, will be mailed, delivered, faxed or emailed and confirmed to Citigroup Global Markets Inc., 390 Greenwich Street 1st Floor, New York, New York 10013, Attention: Amy Jo Pitts, telephone (212) 723-3844, facsimile (646) 291-5243, e-mail: amy.jo.pitts@citi.com, RBS Securities Inc., 600 Washington Boulevard, Stamford, Connecticut 06901, Attention: Erik Priede, telephone: (203) 897-6218, facsimile: (203) 873-4488, email: erik.priede@rbs.com, and Credit Agricole Securities (USA) Inc., 1301 Avenue of the Americas, New York, New York 10019, Attention: Roger Klepper, telephone: (212) 261-7609, facsimile: (917) 849-5584, email: roger.klepper@ca-cib.com, as Representatives of the Several Underwriters (or to such other address as the Underwriters shall designate in writing to the Seller or CNHICA in accordance with this Section 15); if sent to the Seller, will be mailed, delivered, faxed or emailed and confirmed to it at CNH Capital Receivables LLC, 6900 Veterans Boulevard, Burr Ridge, Illinois 60527, Attention: Assistant Treasurer, facsimile: (262) 636-6794, email: Kathy.aber@cnh.com and Eric.mathison@cnh.com (or to such other address as the Seller shall designate in writing to the Underwriters in accordance with this Section 15); or, if sent to CNHICA, will be mailed, delivered, faxed or emailed and confirmed to it at CNH Industrial Capital America LLC, 6900 Veterans Boulevard, Burr Ridge, Illinois 60527, Attention: Assistant Treasurer, facsimile: (262) 636-6794, email: Kathy.aber@cnh.com and Eric.mathison@cnh.com (or to such other address as CNHICA shall designate in writing to the Underwriters in accordance with this Section 15); provided, however, that any notice to an Underwriter pursuant to Section 10 will be mailed, delivered or faxed and confirmed to such Underwriter. Any such notice will take effect at the time of receipt. View More
Found in CNH CAPITAL RECEIVABLES LLC contract
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Relationship Among Parties. CNHICA and the Seller acknowledge and agree that the Underwriters are acting solely in the capacity of an arm's length contractual counterparty to CNHICA and the Seller with respect to the offering of the Underwritten Notes contemplated hereby (including in connection with determining the terms of the offering) and not as a financial advisor or a fiduciary to, or an agent of, CNHICA, the Seller or any other person. Additionally, none of the Underwriters are advising CNHICA, the Seller or any oth...er person as to any legal, tax, investment, accounting or regulatory matters in any jurisdiction. CNHICA and the Seller shall consult with their own advisors concerning such matters and shall be responsible for making their own independent investigation and appraisal of the transactions contemplated hereby, and the Underwriters shall have no responsibility or liability to CNHICA or the Seller with respect to any such legal, tax, investment, accounting or regulatory matters. Any review by the Underwriters of CNHICA, the Seller, the transactions contemplated hereby or other matters relating to such transactions will be performed solely for the benefit of the Underwriters and shall not be on behalf of CNHICA or the Seller. 28 34 15. Notices. All communications hereunder will be in writing and, if sent to the Underwriters, will be mailed, delivered, faxed or emailed and confirmed to Citigroup Global Markets Inc., 390 Inc. 388 Greenwich Street 1st Floor, Street, New York, New York 10013, Attention: Amy Jo Pitts, telephone Casey Furillo, facsimile: (212) 723-3844, facsimile (646) 291-5243, e-mail: amy.jo.pitts@citi.com, RBS 723-3733, email: casey.furillo@citi.com; Mizuho Securities Inc., 600 Washington Boulevard, Stamford, Connecticut 06901, Attention: Erik Priede, telephone: (203) 897-6218, facsimile: (203) 873-4488, email: erik.priede@rbs.com, and Credit Agricole Securities (USA) Inc., 1301 USA LLC, 1271 Avenue of the Americas, 3rd Floor, New York, New York 10019, 10020, Attention: Roger Klepper, telephone: ABS Capital Markets Desk, with copies by email to: (i) the Office of the General Counsel at LegalNotices@mizuhogroup.com; Rabo Securities USA, Inc., 245 Park Avenue, New York, New York 10167, Attention: Debt Capital Markets, Facsimile: (212) 261-7609, facsimile: (917) 849-5584, 808-6939, Email: DCMAmericas@rabobank.com; RBC Capital Markets, LLC, 200 Vesey Street, New York, New York 10281, Attention: Donald Sivick, email: roger.klepper@ca-cib.com, donald.sivick@rbccm.com ; as Representatives of the Several several Underwriters (or to such other address or addresses as the Underwriters shall designate in writing to the Seller or CNHICA in accordance with this Section 15); Section); if sent to the Seller, will be mailed, delivered, faxed or emailed and confirmed to it at CNH Capital Receivables LLC, 6900 Veterans Boulevard, Burr Ridge, Illinois 60527, Attention: Assistant Treasurer, facsimile: (262) 636-6794, email: Kathy.aber@cnh.com sandy.tomlinson@cnhind.com and Eric.mathison@cnh.com eric.mathison@cnhind.com (or to such other address as the Seller shall designate in writing to the Underwriters in accordance with this Section 15); Section); or, if sent to CNHICA, will be mailed, delivered, faxed or emailed and confirmed to it at CNH Industrial Capital America LLC, 6900 Veterans Boulevard, Burr Ridge, Illinois 60527, Attention: Assistant Treasurer, facsimile: (262) 636-6794, email: Kathy.aber@cnh.com sandy.tomlinson@cnhind.com and Eric.mathison@cnh.com eric.mathison@cnhind.com (or to such other address as CNHICA shall designate in writing to the Underwriters in accordance with this Section 15); Section); provided, however, that any notice to an Underwriter pursuant to Section 10 will be mailed, delivered or faxed and confirmed to such Underwriter. Any such notice will take effect at the time of receipt. View More
Found in CNH CAPITAL RECEIVABLES LLC contract
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Relationship Among Parties. Notwithstanding anything herein to the contrary, the duties and obligations of the Consenting Noteholders under this Agreement shall be several, not joint. No Party shall have any responsibility by virtue of this Agreement for any trading by any other entity. No prior history, pattern, or practice of sharing confidences among or between the Parties shall in any way affect or negate this Agreement.
Found in MONITRONICS INTERNATIONAL INC contract
Relationship Among Parties. Notwithstanding anything herein to the contrary, the duties and obligations of the Consenting Noteholders under this Amended Agreement shall be several, not joint and the duties and obligations of the Consenting Term B-2 Lenders under this Amended Agreement shall be several, not joint. No Party shall have any responsibility by virtue of this Amended Agreement for any trading by any other entity. No prior history, pattern, or practice of sharing confidences among or between the Parties shall in a...ny way affect or negate this Amended Agreement. View More
Found in MONITRONICS INTERNATIONAL INC contract
Relationship Among Parties. Notwithstanding anything herein to the contrary, the duties and obligations of the Consenting Noteholders under this Amended Agreement shall be several, not joint and the duties and obligations of the Consenting Term B-2 Lenders under this Amended Agreement shall be several, not joint. No Party shall have any responsibility by virtue of this Amended Agreement for any trading by any other entity. No prior history, pattern, or practice of sharing confidences among or between the Parties shall in a...ny way affect or negate this Amended Agreement. View More
Found in Ascent Capital Group, Inc. contract
Relationship Among Parties. Notwithstanding anything herein to the contrary, the duties and obligations of the Consenting Noteholders Restructuring Support Parties under this Agreement shall be several, not joint. No Party shall have any responsibility by virtue of this Agreement for any trading by any other entity. No prior history, pattern, or practice of sharing confidences among or between the Parties shall in any way affect or negate this Agreement.
Found in Venoco, Inc. contract
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Relationship Among Parties. CNHICA and the Seller acknowledge and agree that the Underwriters are acting solely in the capacity of an arm's length contractual counterparty to CNHICA and the Seller with respect to the offering of the Notes contemplated hereby (including in connection with determining the terms of the offering) and not as a financial advisor or a fiduciary to, or an agent of, CNHICA, the Seller or any other person. Additionally, none of the Underwriters are advising CNHICA, the Seller or any other person as ...to any legal, tax, investment, accounting or regulatory matters in any jurisdiction. CNHICA and the Seller shall consult with their own advisors concerning such matters and shall be responsible for making their own independent investigation and appraisal of the transactions contemplated hereby, and the Underwriters shall have no responsibility or liability to CNHICA or the Seller with respect to any such legal, tax, investment, accounting or regulatory matters. Any review by the Underwriters of CNHICA, the Seller, the transactions contemplated hereby or other matters relating to such transactions will be performed solely for the benefit of the Underwriters and shall not be on behalf of CNHICA or the Seller. View More
Found in CNH CAPITAL RECEIVABLES LLC contract
Relationship Among Parties. CNHICA CNHCA and the Seller acknowledge and agree that the Underwriters are acting solely in the capacity of an arm's length contractual counterparty to CNHICA CNHCA and the Seller with respect to the offering of the Notes contemplated hereby (including in connection with determining the terms of the offering) and not as a financial advisor or a fiduciary to, or an agent of, CNHICA, CNHCA, the Seller or any other person. Additionally, none of the Underwriters are advising CNHICA, CNHCA, the Sell...er or any other person as to any legal, tax, investment, accounting or regulatory matters in any jurisdiction. CNHICA CNHCA and the Seller shall consult with their own advisors concerning such matters and shall be responsible for making 28 their own independent investigation and appraisal of the transactions contemplated hereby, and the Underwriters shall have no responsibility or liability to CNHICA CNHCA or the Seller with respect to any such legal, tax, investment, accounting or regulatory matters. Any review by the Underwriters of CNHICA, CNHCA, the Seller, the transactions contemplated hereby or other matters relating to such transactions will be performed solely for the benefit of the Underwriters and shall not be on behalf of CNHICA CNHCA or the Seller. View More
Found in CNH CAPITAL RECEIVABLES LLC contract
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Relationship Among Parties. Notwithstanding anything herein to the contrary, the duties and obligations of the Parties under this Agreement shall be several, not joint. No Party shall, as a result of its entering into and performing its obligations under this Agreement, be deemed to be part of a "group" (as that term is used in section 13(d) of the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder) with the other Party.
Found in Caesars Acquisition Co contract
Relationship Among Parties. Notwithstanding anything herein to the contrary, the duties and obligations of the Restructuring Support Parties under this Agreement shall be several, not joint. No Restructuring Support Party shall, as a result of its entering into and performing its obligations under this Agreement, be deemed to be part of a "group" (as that term is used in section 13(d) of the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder) with any of the other Party. Restr...ucturing Support Parties. View More
Found in CAESARS ENTERTAINMENT Corp contract
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Relationship Among Parties. Notwithstanding anything herein to the contrary, the duties and obligations of the Creditor Parties under this Agreement shall be several, not joint. It is understood and agreed that no Creditor Party has any duty of trust or confidence in any kind or form with any other Creditor Party or the Company, and, except as expressly provided in this Agreement, there are no commitments among or between them. In this regard, it is understood and agreed that any Creditor Party may trade in the claims or o...ther debt or equity securities of the Company without the consent of the Company or any other Creditor Party, subject to applicable securities laws and the terms of this Agreement; provided, however, that no Creditor Party shall have any responsibility for any such trading to any other entity by virtue of this Agreement. No prior history, pattern or practice of sharing confidences among or between the Creditor Parties or the Company shall in any way affect or negate this understanding and agreement. View More
Found in Allied Nevada Gold Corp. contract
Relationship Among Parties. Notwithstanding anything herein to the contrary, the duties and obligations of the Creditor Parties under this Agreement shall be several, not joint. It is understood and agreed that no Creditor Party has any duty of trust or confidence in any kind or form with any other Creditor Party or the Company, Debtors, and, except as expressly provided in this Agreement, there are no commitments among or between them. In this regard, it is understood and agreed that any Creditor Party may trade in the cl...aims or other debt or equity securities of the Company Debtors without the consent of the Company Debtors or any other Creditor Party, subject to applicable securities laws and the terms of this Agreement; provided, however, that no Creditor Party shall have any responsibility for any such trading to any other entity by virtue of this Agreement. No prior history, pattern or practice of sharing confidences among or between the Creditor Parties or the Company Debtors shall in any way affect or negate this understanding and agreement. View More
Found in Allied Nevada Gold Corp. contract
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Relationship Among Parties. It is understood and agreed that no Consenting Lender has any duty of trust or confidence in any kind or form with any other Consenting Lender as a result of this Agreement, and, except as expressly provided in this Agreement, there are no commitments among or between them. In this regard, it is understood and agreed that any Consenting Lender may trade in the First Lien Loans or other debt or equity securities of the Company without the consent of the Company or any other Consenting Lender, sub...ject to applicable securities laws and the terms of this Agreement. View More
Found in GSE Holding, Inc. contract
Relationship Among Parties. It is understood and agreed that no Consenting Lender has any duty of trust or confidence in of any kind or form with any other Consenting Lender as a result of this Agreement, and, except as expressly provided in this Agreement, there are no commitments among or between them. In this regard, it is understood and agreed that any Consenting Lender may trade in the First Second Lien Loans or other debt or equity securities of the Company without the consent of the Company or any other Consenting L...ender, subject to applicable securities laws and the terms of this Agreement; provided that no Consenting Lender shall have any responsibility for any such trading to any other entity by virtue of this Agreement. No prior history, pattern or practice of sharing confidences among or between the Consenting Lenders shall in any way affect or negate this understanding and agreement. View More
Found in Samson Resources Corp contract
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