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Inc. ("BW") and
Anthony Hensel ("EMPLOYEE") in order to set forth the parties' mutual
intentions and understandings regarding EMPLOYEE's eligibility for a
bonus during the retention period. | "Anthony Hensel" | Employee Name | Employee Name |
the Bonus within the Applicable Bonus Plan that
Employee would have received at one hundred percent (100%) of
performance targets (including full discretionary components thereof)
| "one hundred percent (100%)" | Performance Target Percentage | Applicable Bonus Plan Percentage |
(the
"Company") under the HEARTLAND FINANCIAL USA, INC. 2012 LONG-TERM
INCENTIVE PLAN (the "Plan"). | "HEARTLAND FINANCIAL USA, INC. 2012 LONG-TERM
INCENTIVE PLAN" | Plan Name | Plan Name |
Subject to the terms of any separate Change in Control or similar agreement to which the Participant is bound, in the event of a Change in Control of the Company after December 31, 2014, but prior to the end of the Service Period, shares of Stock shall be issued on a prorated basis based on actual performance as determined by the Committee immediately prior to the consummation of the Change in Control. | "December 31, 2014" | Change in Control Date | Change in Control Date |
Notwithstanding anything to the contrary in the Lease or the Sublease, no further agreements shall be necessary to effect the assignment, which will automatically occur on March 1, 2013. | "March 1, 2013" | Assignment Date | Assignment Date |
If the Company waives
its right to cure or does not, within the thirty (30)-day period, cure | thirty (30)-day period | Cure Period | Waiver Deadline |
which lump sum shall be paid ten (10) days after the Date
of Termination;
| "ten (10) days" | Payment Deadline | Payment Deadline |
With respect to those documents listed in Section
3.19(a)(ii) of the Disclosure Schedule, Parent shall make such
documents available to Buyer not later than 30 days after the date
hereof. | "30 days" | Document Availability Deadline | Stock Document Availability Period |
the same, at Tenant's expense to be reimbursed by Tenant as Additional
Rent within ten (10) days of written demand. | "ten (10) days" | Reimbursement Period | null |
and
THE OTHER LENDERS PARTY HERETO
MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED,
| MERRILL LYNCH | Lender Name | Lender Name |
("CPR
Securities"), a corporation incorporated and existing under the laws of
Canada, as Borrowers,
- and -
CANADIAN PACIFIC RAILWAY LIMITED (the "Covenantor") | CANADIAN PACIFIC RAILWAY LIMITED | Covenantor Name | Covenantor Name |
any tax imposed in compliance with the Council Directive of 28 November
2006 on the common system of value added tax (EC Directive 2006/112);
| "28 November
2006" | Council Directive Date | Compliance Date |
(unaudited)
for the Three and Six Months Ended June 30, 2012 and 2011 4 | "June 30, 2012" | Reporting Period End Date | Period End Date |
(b) the date that is 12 months from the Closing
Date (the "Put Date"), as defined below (the "Golar Charter Period"),
Golar shall pay to Tundra Corp | "12 months" | Charter Period | Charter Period |
certain Amended and Restated Credit Agreement dated as of October 4,
2011, as amended by that certain Amendment No. 1 to Amended and | "October 4,
2011" | Credit Agreement Date | Amended and Restated Agreement Date |
five (5) Business Days after Tenant's presentation of
its Upgrade Expenditures Report reflecting such greater expenditure,
Landlord shall pay to Tenant the lesser of (i) | "five (5) Business Days" | Payment Deadline | Payment Deadline |
A-1+ by S&P, and
not less than P-1 by Moody's maturing or to be redeemable upon the
option of the holders thereof on or prior to a date one (1) month from
| Moody | Rating Agency | null |
Payment of any annual cash incentive bonus earned shall be
made on or before March 15th of each calendar year immediately
| "March 15th" | Bonus Payment Date | Payment Deadline Date |
Seller may (but is not obligated to) use its
reasonable commercial efforts to obtain any such Required Consent
following Closing for a period of one year and | "one year" | Consent Obtainment Period | Consent Period |
It is with great pleasure that we extend to you an offer to join New
Senior Investment Group Inc. (collectively with its subsidiaries and
affiliates, the "Company"), as set forth below. | "New
Senior Investment Group Inc." | Company Name | Company Name |
All previous oral, written, or electronic communications between you,
any Franchisee, DMA, and the Distributors for the sale of the Products
to the Units are superseded by this Agreement. | DMA | Party Name | Distributor Agreement |
"Gleiser Note": the promissory note dated as of November 21, 2003, made
by Gleiser Communications, LLC, as the same may be amended or otherwise
modified prior to and after the Effective Date. | Gleiser Communications, LLC | Note Issuer Name | Note Issuer Name |
311-A recorded September 21, 2006 in Volume 7723 at Page 11 of the New Haven Land Records, to which is attached | "September 21, 2006" | Recording Date | Record Date |
"Arrangers" means, collectively (a) Merrill Lynch, Pierce, Fenner &
Smith Incorporated (or any other registered broker-dealer | "Merrill Lynch, Pierce, Fenner &
Smith Incorporated" | Broker-Dealer Arranger | Arranger 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 |
shall
survive for a period of 5 (five) years following the termination of
this Agreement. | "5 (five) years" | Post-Termination Period | Survival Period |
that
constitute Deferred Compensation will be provided to the Executive
during the period ending six months after the date of termination of
employment | six months | Deferred Compensation Period | Termination Period |
above shall not be less than 10
days, and in the case of a termination pursuant to Subsection 4(c)
| 10
days | Minimum Period | Notice Period |
Inc. (the
"Company"), effective as of August 6, 2012, (the "Effective Date"). | "August 6, 2012" | Effective Date | null |
In the event that the Participant terminates his employment due to Retirement or Disability prior to January 1, 2015, the Award shall be forfeited in its entirety. | "January 1, 2015" | Termination Date | Termination Date |
If on or prior to September 1, 2014, Landlord achieves Milestone 1 then the following shall apply: | "September 1, 2014" | Milestone 1 Deadline | Milestone 1 Date |
THIS MASTER CONTRACTOR AGREEMENT (the "Agreement") is made as of this 1st day of November, 2018 (the "Effective Date"), by and between EASi, LLC, including its parents or controlling entities, subsidiaries, divisions, affiliates, predecessors and successors (the "Contractor") with its principal place of business at 7301 Parkway Drive, Hanover, MD 21076, and MKS Instruments, Inc., a Massachusetts company, including its subsidiaries, divisions, affiliates, predecessors and successors ("MKS") with its principal place of business at 2 Tech Drive, Suite 201, Andover, MA 01810. | "2 Tech Drive, Suite 201, Andover, MA 01810" | MKS Address | MKS Address |
Any Rent payable to Lessor by Lessee for any
fractional month shall be prorated based on a three hundred sixty-five
(365) day year. | "three hundred sixty-five
(365) day year" | Prorated Year | Payment Term |
this Amendment, Lender agrees to extend its Commitment as to the
Revolving Line to November 29, 2013; and in furtherance hereof: | "November 29, 2013" | Commitment Extension Date | Revolving Line Expiration Date |
Any amounts not paid by Landlord within such
thirty (30) day period shall bear interest from and after the
thirty-first (31st) day at the rate of interest provided in Section | "thirty (30) day" | Payment Due Date | Interest Period |
__________________________________________________________________
"Exchange Act": the Securities Exchange Act of 1934, as amended from
time to time and any successor statute. | "1934" | Act Year | Act Number |
regarding such statement to Landlord within such ten (10) business day
period, Tenant shall be in default of this Lease. | "ten (10) business day" | Response Deadline | Notice Period |
By:
Duke Business Centers Corporation, an Indiana corporation, its general
partner
| "Duke Business Centers Corporation" | General Partner Name | General Partner Name |
the Act upon the filing of its Certificate of Formation with the
Secretary of State of the State of Delaware on March 30, 2015 (the
"Certificate of Formation") | "March 30, 2015" | Formation Date | Formation Date |
After the expiration of ten (10) days from the date
of receipt of such disclosure or written material, provided that ASLAN
has removed any Confidential Information of Array | "ten (10) days" | Disclosure Review Period | Expiration Period |
In addition, solely for purposes of determining the Employee's rights to payments under this Agreement, any reference to Employee's termination shall mean Employee's "separation from service" from the Company within the meaning of Section 409A and Employee will be deemed to have separated from service for purposes of Section 409A on May 31, 2014. | "May 31, 2014" | Service Separation Date | Separation Date |
WHEREAS, pursuant to an Asset Purchase Agreement, dated as of May 12,
2008 | "May 12,
2008" | Asset Purchase Date | Asset Purchase Date |
XL Re, XL Re Europe, XL Insurance and XL
Switzerland, each an "Account Party" and collectively, the "Account
Parties"; XL Group, XLIT, XL America, XL Insurance (Bermuda), XL | "XL Re Europe" | Account Party | Account Party Name |
Tenant's failure to conduct an audit within 60 days
after receipt of the Statement shall be deemed conclusive that
Landlord's assessments of CAM are correct. | 60 days | Audit Deadline | Audit Period |
Shares will be paid following certification after
the end of the three-year performance cycle. | three-year | Performance Cycle End Period | Performance Cycle |
"Title Defect Deductible Amount" means an amount equal to 2% of the
Purchase Price. | "2%" | Title Defect Deductible Percentage | Title Defect Deductible Percentage |
Tenant and the TI Architect shall consider all such comments
in good faith and shall, within 10 business days after receipt, notify | "10 business days" | Response Period | Notification Deadline |
Executive has been given at least twenty-one (21) days to
consider this Agreement;
(iii) | twenty-one (21) days | Consideration Period | Consideration Period |
; provided that, if
One Month LIBOR shall be less than zero, such rate shall be deemed | "One Month" | LIBOR Period | LIBOR Period |
The Company intends to host a conference call and slide presentation on
August 8, 2018 at 2:00 p.m. Pacific / | 2:00 p.m. Pacific | Presentation Date | Event Date |
Dated as of November 30, 2015
by and among
SEACOR MARINE HOLDINGS INC.,
as Company,
SEACOR HOLDINGS INC.,
as Parent
| "SEACOR HOLDINGS INC." | Parent Company | Company Name |
10.3
AGREEMENT ON TERMINATION OF AGREEMENTS BETWEEN
DESITIN ARZNEIMITTEL GmbH and ZOGENIX, | ZOGENIX | Company Name | Agreement Name |
("Amendment") is dated as of June 8, 2010 by and among HCP, Inc., a
Maryland corporation (doing business in the state of Illinois as HC | "June 8, 2010" | Amendment Date | Amendment Date |
(iv) subject to Construction Force Majeure and Tenant Delay, achieve Delivery Condition not later than March 31, 2015. | "March 31, 2015" | Delivery Condition Deadline | Delivery Condition Deadline |
(the "Severance Plan"), as described in my transition and separation
agreement with the Company dated May 7, 2015 (the "Agreement"). | "May 7, 2015" | Agreement Date | Agreement Date |
If intended for Sublandlord, to:
Alkermes, Inc.
852 Winter Street
Waltham, Massachusetts 02451-1420 | "852 Winter Street
Waltham, Massachusetts 02451-1420" | Sublandlord Address | Sublandlord Address |
Title: Secretary
HEARTLAND PAYROLL SOLUTIONS, INC.,
a Delaware corporation | HEARTLAND PAYROLL SOLUTIONS, INC. | Company Name | Company Name |
Bank agrees that
Bank waives any rights to any Charges payable under this Agreement that
are not invoiced by Bank to Company within one-hundred eighty | "one-hundred eighty" | Invoice Deadline | Invoice Deadline |
A
conference call between BARDA, NIAID and the CARB-X shall occur every
two weeks or as directed by the BARDA program officer. | "two weeks" | Conference Frequency | Program of Meeting Period |
o 10% of the shares will vest on the 30 month anniversary of the
Vesting Commencement Date. | "10%" | Vesting Percentage | Percentage of Shares |
Promissory
Note ("Line Note") dated November 27, 2015 payable by Borrower to
Lender and maturing March 31, 2017; (ii) | "November 27, 2015" | Note Date | Note Date |
First States Investors 2103 GP, LLC,
a North Carolina limited liability company,
its general partner
| "First States Investors 2103 GP, LLC" | General Partner Name | General Partner Name |
Tenant shall have the right to use 3.2 parking passes (on an unreserved
basis) for every 1,000 RSF of the Premises, of which, subject to the
terms of Article 28 of the Lease. | "1,000" | Parking Pass Ratio | Parking Pass Ratio |
(a) to pay to Employee a one-time lump sum payment in the amount of
Three Hundred Eighty- | "Three Hundred Eighty-" | Lump Sum Payment | Payment Amount |
such Recognized
Expenses exceed the Recognized Expenses in calendar year 2018 ("Base
Year"). | "2018" | Base Year | Recognized Expenses Year |
, the "Severance Bonus Amount"), such amount
under this clause (ii) payable over a period of twelve (12) months
| "twelve (12) months" | Severance Payment Period | Payment Period |
(as such term was used in the Employment Agreement), effective as
of 11:59 p.m. on March 31, 2014: | "March 31, 2014" | Effective Date | Effective Date |
The Director's annual base gross salary will amount to EUR 325,000
(three hundred twenty five thousand euro), including 8% holiday
allowance, on a 12 months basis. | "8%" | Holiday Allowance Percentage | Holiday Allowance Percentage |
the Company
terminates this Service Contract after expiration of six (6) months of
the Effective Date with a notice period of 6 (six) month effective to
| "six (6) months" | Termination Notice Period | Termination Period |
the Lessor
rebuilds the Building within a maximum period of three years, | three years | Rebuild Period | rebuild period |
(signed into law October 26, 2001)), as amended and supplemented from
time to time. | "October 26, 2001" | Enactment Date | Signing Date |
The Construction Start Payment shall be paid to Tenant in a lump sum payment on the Rent Commencement Date (or, if Tenant exercises its termination right pursuant to this Section 13(b), within fifteen (15) days following the effective date of such termination) if the Delivery Date has not occurred prior to or on August 31, 2015. | fifteen (15) days | Termination Right Usage Period | Termination Deadline |
at or
about 11:00 a.m., London time on such Business Day, for Dollar deposits
with a term equivalent to a one (1) month term beginning on that date; | "one (1) month" | Deposit Term | Deposit Term |
Claims of any kind that may be brought in any court or administrative
agency, including any Claims arising under Title VII of the Civil
Rights Act of 1964, as amended | "1964" | Claims Period | Civil Rights Act Year |
A-1" by S&P and in each case maturing within 12 months after the date
of issuance thereof;
(g) | "12 months" | Maturity Period | Maturity Period |
Exhibit 10.5
five (5) years from the Effective Date (the "Initial Term"). | "five (5) years" | Initial Term | Initial Term |
the Code shall be paid to the personal representative of the Grantee's
estate within 60 days after the date of the Grantee's death. | "60 days" | Estate Payment Deadline | Estate Payment Deadline |
Landlord shall notify Tenant within thirty (30) days
after receipt of notice of the occurrence of the damage whether
Landlord elects to repair the damage or terminate the Lease. | "thirty (30) days" | Notification Deadline | Notification Period |
thirty (30) days' written notice to Tenant given at any time within
sixty (60) days following the date of such Taking. | "sixty (60) days" | Notice Period | Notice Period |
(ii) workers' compensation
insurance coverage as required by law, together with employers'
liability insurance coverage of at least $1,000,000 each accident | "$1,000,000" | Liability Insurance Coverage Amount | Insurance Coverage Requirements |
Awards of PSUs will be made to you as of January
1 of each year during the Employment Term (each a "Grant Date"), with
the first award having been made as of January 1, 2007. | "January
1 of each year" | Annual Grant Date | Grant Date |
In order to revoke this Release,
Executive must deliver notice of the revocation in writing to Company's
General Counsel before the expiration of the seven (7) day period.
| seven (7) day | Notice of Revocation Delivery Period | Revocation Deadline |
631 and 311, also recorded September 1, 2006 in Volume 7703 at Page 216 of the New Haven Land Records, referenced in aforesaid Traffic Investigation Report No. | "September 1, 2006" | Recording Date | Record Date |
Employee shall not contribute or receive contributions to the Non-Qualified Savings Plan for any period after May 31, 2014. | "May 31, 2014" | Contribution Cut-off Date | Contribution Cut-off Date |
As of the Commencement Date, Procurement Contracts shall consist
of (i) such Procurement Contracts as LOTT and Aron may have entered
into and (ii) | LOTT | Company Name | Procurement Contracts |
if to the Warrant Agent:
American Stock Transfer & Trust Company, LLC
| "American Stock Transfer & Trust Company, LLC" | Warrant Agent Name | Warrant Agent Name |
the expiration date of the Master Lease with
respect to the Premises is December 31, 2023. | "December 31, 2023" | Master Lease Expiration Date | null |
Title: Managing Director
THE HUNTINGTON NATIONAL BANK, as a Lender
| "HUNTINGTON NATIONAL BANK" | Lender Name | Lender Name |
At
June 30, 2012 and December 31, 2011, the weighted average effective
interest rate on the Company's loan investments, as measured against
its cost basis, was 7.1% and 7.3%, respectively. | "7.1%" | Weighted Average Interest Rate | Weighted Average Interest Rate |
Bank of
America, N.A., as Administrative Agent (in such capacity, the
"Administrative Agent").
| "Bank of
America, N.A." | Administrative Agent Name | Administrative Agent Name |
"Applicable Margin": is (i) for Eurodollar Loans, 1.75% per annum and
(ii) for ABR Loans, 0.75% per annum. | "1.75%" | Applicable Margin | Eurodollar Loan Margin |
Inc. (the
"Company"), effective as of January 1, 2017 (the "Effective Date"). | "January 1, 2017" | Effective Date | Effective Date |
The Construction Start Payment shall not be due and payable if the Delivery Date occurs by May 31, 2015. | "May 31, 2015" | Delivery Date | Delivery Date Deadline |
This award is conditioned upon the Grantee's acceptance of the
provisions set forth in this Agreement within 90 days after the
Agreement is presented to the Grantee for review. | "90 days" | Acceptance Deadline | Acceptance Deadline |
IN WITNESS WHEREOF, this Agreement has been executed in behalf of BB&T
and by the Participant effective as of the Grant Date. | BB&T | Company Name | Signatory Name |
and/or (iv) may provide
coverage for loss of rents for a period of up to eighteen months. | "eighteen months" | Loss of Rents Coverage | Rent Coverage Period |
if the duration of the Employee's PLOA is greater than twelve
(12) months, any Restricted Stock Units awarded by this Agreement that
are not then vested will immediately terminate. | "twelve
(12) months" | Vesting Deadline | Duration of PLOA |
The following summarizes the Company's EPS computations for the three
and six months ended June 30, 2012 and June 30, 2011 (in thousands,
except per share amounts): | "June 30, 2011" | EPS Computation Date | Reporting Period Name |
Series A cumulative redeemable preferred, liquidation preference $25.00
per share, 3,204,900 shares issued and outstanding
| "$25.00" | Preferred Liquidation Preference | Preferred Share Price |
allegation and/or demand and/or claim in connection thereto unless
within said period of 4 months as specified above a Construction Permit
was issued and then this Agreement shall be in effect. | "4 months" | Permit Deadline | Permissible Claim Period |