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(this "Bill of Sale"), from HFII Asset Solutions,
LLC (the "Seller"), to Sundance Strategies, | HFII Asset Solutions,
LLC | Seller Name | Seller Name |
Before "INC" making positive cash flow, Ching-Sang Hong will lend
the "INC", up to $70,000 without any interests charge. | "$70,000" | Loan Amount | null |
(because Monday February 15, 2021 is a federal holiday,
President's Day, the immediately following business day is February 16,
2021), (iii) | "February 15, 2021" | President's Day | Federal Holiday Date |
as to which the PBGC by regulation has waived the requirement of
Section 4043(a) of ERISA that it be notified within 30 days of the
occurrence of such event; | "30 days" | Notification Period | Notification Period |
Mineral Reserves estimate is reported at a cut-off grade of 6.9 g/t
gold equivalent, using metal price assumptions of $800 per ounce of
gold and $12.50 per ounce of silver.
| "$800" | Gold Price Assumption | Gold Price Assumption |
As of August 8, 2012, there were 66,766,965 shares of common stock of
CapLease, Inc., $0.01 par value per share, outstanding ("Common
Stock"). | "$0.01" | Common Stock Par Value | Number of Shares Outstanding |
Joseph M. Tucci
Joseph M. Tucci
Chairman, President & CEO
Acknowledged and agreed:
/s/ | "Joseph M. Tucci" | Signatory Name | Signatory Name |
Supervalu Inc.'s
6.75% Senior Notes due June 1, 2021 and (4) Supervalu Inc.'s 7.75% | "June 1, 2021" | Maturity Date | Note Expiration Date |
"LANDLORD"
CARMEL RIVER, LLC,
a Delaware limited liability company
| CARMEL RIVER, LLC | Landlord Name | Landlord Name |
The loan loss reserve was
established at December 31, 2008, and to date the Company has not had
any actual losses charged against the allowance. | "December 31, 2008" | Loan Loss Reserve Established Date | Establishment Date |
The Lessor shall deliver its response to the request made by the Lessee
as aforesaid no later than 10 days after receiving the request for
approval as aforesaid. | "10 days" | Response Deadline | Response Deadline |
Harland Clarke Holdings Corp.
when the fair market value of such asset or liability is equal to or in
excess of $30.0 million.
| Harland Clarke Holdings Corp. | Company Name | Applicable Market Value |
Executive signs this General Release and after the expiration
of the seven (7) day revocation period referenced in paragraph 4(f) | seven (7) day | Revocation Period | Revocation Period |
In such event, the Tenant
shall advise the Landlord at least ten (10) business days in advance of
| "ten (10) business days" | Advance Notice Period | Notice Period |
Glimcher Properties Limited Partnership, a Delaware limited
partnership, its sole equity member
| "Glimcher Properties Limited Partnership" | Equity Member Name | Equity Member Name |
A conference call to review earnings is scheduled for 4:30 p.m. Eastern
time on October 20, 2016. | "4:30 p.m. Eastern
time" | Conference Call Time | Conference Call Time |
(the
"Effective Date"), by and between Callon Petroleum Company, a Delaware
corporation (the "Company", and together with its subsidiaries,
"Callon") and Joseph C. Gatto, Jr. ("Executive"). | "Joseph C. Gatto, Jr." | Executive Name | Executive Name |
Title: Senior Vice President of Leasing
TENANT:
ACTUA USA CORPORATION | "ACTUA USA CORPORATION" | Tenant Name | Tenant Name |
Marks Company Servicing Agreement" means the Management and Servicing
Agreement dated as of May 17, 2001 between TILC and the Marks Company,
as amended by the
22 | "May 17, 2001" | Agreement Date | Agreement Date |
Guidant LLC ("Guidant"), and Boston Scientific Corporation ("BSC")
(collectively, the "Parties"); | "Guidant LLC" | Party Name | Parties Name |
for employers liability with a limit of no less than $1,000,000 per
occurrence, $1,000,000 per employee, $1,000,000 per accident/disease,
and | "$1,000,000" | Liability Limit Amount | Employer Liability Limit |
(the "Officers") and assign titles (including, without limitation,
President, Vice President, Secretary or Treasurer) to any such person. | President | Job Title | Officer Title |
The Title Expert shall make his or her determination and provide
to the Parties written findings within 20 Business Days after he or she
has received the materials under Section 5.6(d). | "20 Business Days" | Determination Deadline | Determination Deadline |
David McGlade
2009 GRAT and David P. McGlade Declaration of Trust (collectively, the
"McGlade Shareholder") | David P. McGlade Declaration of Trust | Trust Name | Declaration of Trust Name |
the total Net Investment of the Prior Trustee, at any one time, in all
Nuclear Fuel to exceed $60,000,000. | "$60,000,000" | Net Investment Limit | Net Investment Limit Amount |
2.1.2
report to Stefan Descheemaeker, CEO or such other person as the Board
of Directors of Nomad may specify (the "Board");
| Stefan Descheemaeker | Person Reporting To | Board Member Name |
Tenant:
Elevate Credit Service, LLC,
a Delaware limited liability company
| "Elevate Credit Service, LLC" | Tenant Name | Tenant Name |
BH Bussum, the Netherlands (the "Employee");
and
(2)
IPASS (UK) LTD., 7^th Floor (North), Brettenham House, 5 Lancaster
Place, | BH Bussum | Employee Name | Employee Name |
; "Data Room" means the
virtual data room (Ansarada Datasite) named "Beacon" hosted by Ansarada
as at 7 November 2018; | "7 November 2018" | Data Room Hosting Date | Data Room Date |
All representations and warranties of
Landlord shall survive the termination of the Lease for one (1) year,
| "one (1) year" | Warranty Duration | Survival Period |
By: Texas HCP G.P., Inc.,
a Delaware corporation,
Its Sole General Partner | "Texas HCP G.P., Inc." | Sole General Partner Name | General Partner Name |
out-of-pocket costs and expenses associated with such removal shall be
paid by Borrowers within five (5) days of receipt by Borrowers of an
invoice for such removal costs and expenses. | five (5) days | Removal Costs and Expenses Payment Deadline | Expense Payment Deadline |
$646,000 per year based on the compensation elements shown above
assuming at target performance. | "$646,000" | Annual Compensation | Compensation Element Amount |
THAN THE BORROWER,
as Guarantors,
THE LENDERS PARTY HERETO,
and
DEUTSCHE BANK AG NEW YORK BRANCH,
as Administrative Agent,
DEUTSCHE BANK SECURITIES INC.
| "DEUTSCHE BANK AG NEW YORK BRANCH" | Administrative Agent Name | Administrative Agent Name |
The Effective Date of this Agreement will be
the eighth day after Mr. Garrison signs it. | "eighth day" | Effective Date | Effective Date |
("SSR
Mining") reports consolidated financial results for the fourth quarter
and year ended December 31, 2018.
| "December 31, 2018" | Reporting Period End Date | Financial Results Date |
The Allocation shall be delivered by Purchaser to the
Company within ninety (90) calendar days after the final determination
of | "ninety (90) calendar days" | Delivery Deadline | Delivery Deadline |
Capital One, in its capacity as Lender, hereby increases its
Commitment to $50,000,000.00, (e) | "$50,000,000.00" | Lender Commitment Increase | Commitment Amount |
Waiver of Outstanding Common Area Costs; Revised Estimate of Common Area Costs Effective January 1, 2012. | "January 1, 2012" | Effective Date | Revised Estimate Date |
Lease Term: Sixty-six (66) months beginning on
September 1, 2005 and expiring February 28, 2011. | "February 28, 2011" | Lease Expiration Date | Lease Term End Date |
the letter agreement, dated August 20, 2018, among
EWI, Bank of America and MLPF&S, (ii) | "August 20, 2018" | Agreement Date | Agreement Date |
a second payment of twelve million USD (US $12,000,000), due and
payable on the twelve (12) month anniversary of the Effective Date | "twelve (12) month" | Payment Term | Payment Deadline |
if the Available Facilities became zero after a Loan ceased to be
outstanding, a Lender or Lenders whose Available Commitments aggregated
more than 66^ | "zero" | Available Facilities | Available Facilities |
If on or prior to September 1, 2014, Landlord does not achieve Milestone 1 due solely to Construction Force Majeure, then: | "September 1, 2014" | Milestone 1 Deadline | Force Majeure Deadline Date |
You are advised that this Agreement will not become effective or
enforceable for a period of seven (7) days after the date of its
acceptance and execution by you. | "seven (7) days" | Effective Delay Period | Effective Period |
For the period following the Effective Date and through December 31, 2016 ("Non-Solicitation Period"), Employee shall not, either directly or indirectly, alone or in conjunction with another party, interfere with or harm, or attempt to interfere with or harm, the relationship of the Company with any person who at any time was a customer or supplier of the Company or otherwise had a business relationship with the Company. | "December 31, 2016" | Non-Solicitation Period | Non-Solicitation Period End Date |
Inc. ("ART"), with its
principal place of business located in Fitchburg, Massachusetts, and
Salvatore Emma, | "Fitchburg, Massachusetts" | ART Location | Principal Place of Business |
the date hereof and shall continue in effect throught December 31, 2013
| "December 31, 2013" | Expiration Date | Expiration Date |
Inc. ("Employer") as of October 24, 2016, provided that,
Employer has obtained a resolution from the Board of Directors of
Employer appointing Employee as Chief Financial Officer by such date. | "October 24, 2016" | Appointment Date | Appointment Date |
"Allocable Debt" means, with respect to any Railcar as of any date of
determination, the sum of: (i) 105 % of the product of (x) | "105 %" | Allocable Debt Percentage | Allocable Debt Percentage |
*Beginning June 1, 2016, Tenant shall be responsible for Operating
Expenses through the remainder of the Lease Term. | "June 1, 2016" | Effective Date | Operating Expenses Start Date |
In addition,
once Executive has signed the Release, Executive shall have seven (7)
additional days from the date of execution to revoke Executive's
consent and may do so by writing to: | "seven (7)
additional days" | Revocation Window | null |
092-0605-01 which was recorded September 1, 2006 in Volume 7703 at Page 216 of said Land Records | "September 1, 2006" | Recording Date | Record Date |
Company may extend this
Agreement for an additional two-year (2-year) period (the "Renewal
Term") by providing written notice to Bank prior to the end of the
Initial Term. | "two-year (2-year) period" | Renewal Term | Renewal Term |
("Tenant 1"), NCT MASTER TENANT II LLC, a Delaware
limited liability company having its principal office at c | "NCT MASTER TENANT II LLC" | LLC Name | Tenant Name |
the day on which the BC Investor
(x) owns Shares representing less than 5% of the outstanding shares of
Common Stock or (y) | "5%" | Share Ownership Threshold | Percentage of Outstanding Shares |
Notice of such revocation
must be received within the seven (7) calendar days referenced above.
| seven (7) calendar days | Revocation Deadline | Notice Period |
T1135 (Foreign Income Verification
Statement) if the total cost of their foreign property exceeds
C$100,000 at any time in the year. | "C$100,000" | Foreign Property Cost Limit | Foreign Income Verification Statement Cost Amount |
If Tenant fails to execute or object to the
Confirmation of Lease Term within ten (10) business days of its
delivery, Landlord's determination of such dates shall be deemed
accepted. | "ten (10) business days" | Response Deadline | Response Deadline |
The Company generally depreciates building and
building improvements over periods not exceeding 40 years. | "40 years" | Depreciation Period | Deprecation Period |
A conference call to review earnings is scheduled for 4:30 p.m. Eastern
Time on Oct. 23, 2018. | "Oct. 23, 2018" | Earnings Call Date | Earnings Review Date |
James B. Andrews
Senior Vice President, Finance and CFO
ACKNOWLEDGED AND AGREED:
| James B. Andrews | Signatory Name | Signatory Name |
Scott A. Francis, CFO/Secretary/Treasurer
TULSAT-ARIZONA, LLC, an Oklahoma limited liability company
| Scott A. Francis | Signatory Name | Signatory Name |
If any payment item is received into Agent's Applicable
Account on a non-Business Day or after (A) with respect to amounts
denominated in Dollars, 2:00 p.m. | "2:00 p.m." | Payment Cutoff Time | Payment Receipt Time |
The
Company shall pay to the Executive in a lump sum in cash within 30 days
after the Date of Termination the aggregate of the following amounts:
| "30 days" | Payment Deadline | Payment Deadline |
END, INC., a Delaware corporation, as the
subtenant ("Subtenant"), to be effective on July 6, 2015 (the
"Effective Date"). | "July 6, 2015" | Effective Date | Effective Date |
"Manager" shall mean Shidler Hawaii Investment Partners, LLC, a Hawaii
limited liability company, or any other manager engaged in accordance
with the terms and conditions of the Loan Documents. | "Shidler Hawaii Investment Partners, LLC" | Manager Name | Manager Name |
(the "Commencement Date") at Work Level 5 (further details of the Company's work levels are available from Human Resources). | "5" | Work Level | Work Level |
$18,000,000.00
12/16/2013
Modification of original loan dated 8/26/05.
| "8/26/05" | Modification Date | Modification Date |
I am pleased to offer you the position of President, PSEG Services
Corporation in PSEG Services Corporation, effective August 4, 2014. | "August 4, 2014" | Start Date | Effective Date |
"Restricted Period" means the Employment Period and a period extending
two (2) years from the termination of Executive's employment with the
Company. | "two (2) years" | Post-Employment Restriction Period | Restricted Period Length |
A Real Estate
Asset will no longer be considered Construction-in-Process upon the
sooner of (a) achievement of an 80% Occupancy Rate or (b) 12 months | "12 months" | Occupancy Deadline | Occupancy Rate Period |
/s/ Roger Gaston Roger Gaston Date: 3/31/2016 | "3/31/2016" | Signature Date | Signature Date |
(the "Stock
Option") to purchase shares of common stock of the Company, par value
$0.01 per share ("Common Stock"). | "$0.01" | Common Stock Par Value Per Share | Stock Option Pricing Number |
Waiver of Outstanding Common Area Costs; Revised Estimate of Common Area Costs Effective January 1, 2012. | "January 1, 2012" | Effective Date | Revised Estimate Date |
Bank will remit all amounts to Company
via ACH on a monthly basis as described in Exhibit A within fifteen
(15) days of issuing the monthly report.
| "fifteen
(15) days" | Remittance Deadline | Payment Deadline |
THIS AMENDMENT TO SUBLEASE AGREEMENT is made as of the 1st day of December, 2014 ("Effective Date") between TC Loan Service, LLC., | "1st day of December, 2014" | Effective Date | Effective Date |
The subsequent increase in value of SilverCrest shares of $4.3 million
was recognized in other comprehensive income. | "$4.3 million" | Share Value Increase | Subsequent Increase in Value |
You have up to twenty-one (21) days from the date of receipt
of this Agreement to consider it. | "twenty-one (21) days" | Consideration Period | Consideration Period |
The Director may terminate the Director's Employment Contract subject
to two months of notice, and the Employer may terminate the Director's
Employment Contract subject to four months of notice. | "two months" | Notice Period | Notice Period |
This CREDIT, SECURITY AND GUARANTY AGREEMENT ("Agreement") is entered
into as of May 13, 2015, among WWE STUDIOS FINANCE CORP., a Delaware
corporation (the "Borrower"),^ | "May 13, 2015" | Agreement Date | Agreement Date |
Employee will not be reimbursed for expenses incurred on or after June 1, 2014 that were not authorized in advance by Jim Bierbower. | "June 1, 2014" | Expense Authorization Deadline | Reimbursement Date |
Annex A
FORM OF ADDITIONAL GRANTOR JOINDER
Security Agreement dated as of June 14, 2018 made by
IPASS, INC.
| "June 14, 2018" | Security Agreement Date | Agreement Date |
Earned Dividend Equivalent
Units shall be settled within sixty (60) days following the end of the
Performance Period (the "Settlement Date"). | "sixty (60) days" | Dividend Settlement Date | Settlement Period |
To Seller's Knowledge, no unauthorized
disclosure of any Seller Intellectual Property or information has been
made within the last five (5) years. | five (5) years | Disclosure Period | Unauthorized Disclosure Period |
(the "Grant Date") between
Dunkin' Brands Group, Inc., a Delaware corporation (the "Company"), and
[0M] | "Dunkin' Brands Group, Inc." | Company Name | Company Name |
IN WITNESS WHEREOF, the undersigned has hereto set her hand this 13th day of May, 2014. | "13th day of May, 2014" | Signature Date | null |
thousand (15,000) Barrels per day multiplied by the number of calendar
days in such month. | "thousand (15,000)" | Barrels Per Day | Number of Barrels |
DON QUIJOTE HOLDINGS CO., LTD.,
a Japanese corporation ("DQ Lender 2"), having an address at 2-19-10
Aobadai, Meguro-ku, Tokyo | "2-19-10
Aobadai, Meguro-ku, Tokyo" | DQ Lender 2 Address | Address |
On May 3, 2018, we announced the appointment of Kevin O'Kane as Chief
Operating Officer effective June 4, 2018, replacing Alan Pangbourne who
retired at the end of May 2018. | "June 4, 2018" | Appointment Date | null |
Title: Vice President
SUMITOMO MITSUI BANKING CORPORATION,
as a New Lender
| "SUMITOMO MITSUI BANKING CORPORATION" | New Lender Name | Lender Name |
During the Employment Period, the Company
will pay to Executive a base salary in the amount of U.S. $302,000 per
year | "U.S. $302,000" | Annual Salary | Employment Period Base Salary |
__________________________________________________________________
BANK OF AMERICA, N.A.,
as Administrative Agent
| "BANK OF AMERICA, N.A." | Administrative Agent Name | null |
provided that, any such Advisor
Fee in an amount in excess of four and one half of one percent (4.5%)
of such aggregate Consolidated Net Income for such period is subject to
| four and one half of one percent (4.5%)
| Advisor Fee Limit | Excess Advisor Fee Percentage |
"Debentures Indenture" means the Indenture dated as of
November 1, 1993, by and between PVH and the Debentures Trustee,
governing the Debentures.
| "November 1, 1993" | Debentures Indenture Date | Indenture Date |
"Credit Agreement Collateral Agent" means Credit Suisse AG, Cayman
Islands Branch, as collateral agent under the Applicable Credit
Agreement and its successors and permitted assigns thereunder. | "Credit Suisse AG" | Collateral Agent Name | Collateral Agent Name |
2016, Base Rent for the Second Expansion Premises shall be equal to
$2.70 per rentable square foot of the Second Expansion Premises per
month.
| "$2.70" | Per Square Foot Rent | Base Rent |
certain other modifications as specified in a letter agreement between
Aron and LOTT, dated April 27, 2011. | "April 27, 2011" | Letter Agreement Date | Agreement Date |
Inc. (the
"Company"), is entered into as of May 3, 2018 (the "Effective Date"). | "May 3, 2018" | Effective Date | Effective Date |
Additional Premises shall
commence on January 1, 2015 (the "4th Floor Additional Premises Rent
Commencement Date") and shall continue thereafter as set forth on
Schedule 1 attached hereto. | "January 1, 2015" | Commencement Date | Rent Commencement Date |