[[Sections 9.2.1 and 9.2.2]2]]2] of this Project Statement notwithstanding, shall own the mask works for the Product (each referred to as Mask Works).
[Article 9.5] is deleted in its entirety and replaced with the following one:
Designated Beneficiary – The individual who is designated as the beneficiary of the participant’s interest under the plan and who is the designated beneficiary under Code section 401(a)(9) and Regulation [section 1.401(a)(9)]‑4.
Restriction on [Section 3(a)(9)] Transactions. So long as this Note is outstanding, the Borrower shall not enter into any 3(a)(9) Transaction with any party other than the Holder, without prior written consent of the Holder. In the event that the Borrower does enter into, or makes any issuance of Common Stock related to a 3(a)(9) Transaction while this Note is outstanding, a liquidated damages charge of 25% of the outstanding principal balance of this Note, but not less than , will be assessed and will become immediately due and payable to the Holder at its election in the form of cash payment or addition to the balance of this Note.
[[Sections 280G, 409A, and 4999]9]9]]9]9] Each of the terms “[Section 280G],” “[Section 409A],” and “[Section 4999],” respectively, means that numbered section of the Internal Revenue Code References in the Agreement to any of these sections are intended to include any proposed, temporary, or final regulations, or any other guidance, promulgated with respect to that specific section by the US Department of Treasury or the Internal Revenue Service
ARTICLE # – ACCOUNTING, INVESTMENT AND VALUATION.. 10
ARTICLE # -- ACCOUNTS 9
(Counterparts) and 9.14 (Counsel) of the LLC Agreement shall apply to this Letter Agreement, mutatis mutandis.
Notwithstanding [[Sections 9.1 and 11.4]4]]4] of the Agreement, in the event that Vet USA places a purchase order with LLC with a Lead Time of less than (60) days, Vet USA will make full payment prior to shipment of such Products by wire transfer of immediately available funds issued by a first class, international bank, satisfactory to LLC at the bank set forth in [Section 11.4] of the Agreement.
[Section 3.3] of the Collateral Agreement is amended to # delete the phrase “Company Obligations or the Company’s Guarantor” appearing therein, # insert the phrase “or any Subsidiary” immediately after the phrase “the Lenders by the Company” appearing therein and # delete the phrase “Company Obligations and the Company’s Guarantor” in each instance appearing therein.
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