D. Coplen, No. 2, Thomas Kearn and Brile Placer Mining Claims, M.S. 995 situated in the Summit Mining District in Section 4, Township 49 North, Range 5 East, B.M. Shoshone County, State of Idaho. Patent recorded in Book 4, Deeds, at page 533.
The VSA Payable Liability shall be calculated as of the end of each calendar quarter (or month if calculated on a monthly basis) as follows:
Form D. On the Company filed a Form D with respect to the Shares as
Washington, D.C.: In the Non-Compete Restriction, paragraph 1 of [Exhibit B], the language “for a period ending twelve (12) months” is replaced with “for a period ending 365 days.”
Regulation D Offering. The offer and issuance of the 2024 Secured Notes to the Subscribers is being made pursuant to the exemption from the registration provisions of the 1933 Act afforded by Section 4(a)(2) or Section 4(a)(6) of the 1933 Act and/or Rule 506 of Regulation D promulgated thereunder. agrees to timely file a Form D with respect to the 2024 Secured Notes as required under Regulation D and to provide a copy thereof upon request of any Subscriber. shall take such action as it shall reasonably determine is necessary in order to obtain an exemption, or to qualify, the 2024 Secured Notes for issuance to the Subscribers under applicable securities or “Blue Sky” laws of the states of the United States, and shall provide evidence of such actions promptly upon request of any Subscriber.
Regulation D Qualification. Neither the Company nor, to its actual knowledge, any of its affiliates, members, officers, directors or beneficial shareholders of 20% or more of its outstanding securities, has experienced a disqualifying event as enumerated pursuant to Rule 506(d) of Regulation D under the Securities Act.
D&O Insurance. Within 60 calendar days of the Closing, the Company shall purchase director and officer insurance on behalf of the Company's (including its subsidiary) officers and directors for a period of 18 months after the Closing with respect to any losses, claims, damages, liabilities, costs and expense in connection with any actual or threatened claim or proceeding that is based on, or arises out of their status as a director or officer of the Company. The insurance policy shall provide for two years of tail coverage.
D&O Insurance. [[Organization A:Organization]] shall maintain an insurance policy or policies providing directors’ and officers’ liability insurance, comprehensive general liability insurance, and errors and omissions insurance, and [[Organization A:Organization]] Employee shall be covered by such policy or policies, in accordance with its or their terms, to [[Organization A:Organization]] maximum extent of [[Organization A:Organization]] coverage available for any officer of [[Organization A:Organization]].
Addition of Section 2.d of the Agreement. The following Section 2.d shall be added to the Agreement as follows:
Section # Deletion of [Schedule 1.6(d)] of the Agreement. [Schedule 1.6(d)] of the Agreement is hereby deleted in its entirety.
“Person” means a “person” as such term is used in Sections 13(d) and 14(d)(2) of the Exchange Act.
each Lender will be required to make a payment under Clause 31.1 (Payments to the Agent) in respect of its participation in the new Facility D Loans only to the extent that its participation in the new Facility D Loans exceeds that Lender's participation in the maturing Facility D Loan and the remainder of that Lender's participation in the new Facility D Loans shall be treated as having been made available and applied by the Borrower in or towards repayment of that Lender's participation in the maturing Facility D Loan.
“Regulations A, D, U and X” means, respectively, Regulations A, D, U and X of the Federal Reserve Board (or any successor).
“Regulation D” means Regulation D of the Board from time to time in effect and all official rulings and interpretations thereunder or thereof.
D Compliance Certificate
Party D: (guarantor)
Kevin D. Hochman,
D Compliance Certificate
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