Awards to district participants will be based on their Guideline Incentive (eligible salary multiplied by guideline percentage) multiplied by the Final Performance Index for their respective district(s).
THE USE OF THE FOLLOWING NOTATION IN THIS EXHIBIT INDICATES THAT THE CONFIDENTIAL PORTION HAS BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT AND THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION:
SOUTH ESSEX SEWERAGE DISTRICT. With respect to leases at Cummings Center and Dunham Road in Beverly (only), LESSEE shall fully comply with all regulations of the South Essex Sewerage District (SESD) now or hereafter in effect including prompt filing with LESSOR of any documents required by the SESD. LESSEE agrees to indemnify and hold harmless LESSOR and OWNER from any and all liability arising out of any noncompliance of LESSEE with such regulations.
“Engineering scope” means the construction and operation scope of the wireless network coverage in Tongzhou District, Changping District, Shunyi District, Mentougou District, Daxing District, Fangshan District, Huairou District, Pinggu District of Beijing City.
The project is located at Tongzhou District, Changping District, Shunyi District, Mentougou District, Daxing District, Fangshan District, Huairou District, Pinggu District of Beijing City. The exact position can be confirmed in the detailed design stage according to field condition.
Aegis represents and warrants to the Pari Passu Creditors that:
Aegis represents and warrants to the -District Creditors that:
as of the Effective Date, no part of the -District Debt is evidenced by any instrument, agreement or other document except # the -District Securities Purchase Agreement, # the A&R -District Notes and # the A&R -District Security Agreement (in each case as in effect as of Effective Date), and none of such -District Note Documents has been amended, amended and restated, restated, supplemented or otherwise modified in any respect heretofore or as of the Effective Date other than the -District Securities Purchase Agreement (pursuant to the Amendment to -District Securities Purchase Agreement, the -District Accommodation Agreement, the -District First Amendment Agreement, the -District Second Amendment Agreement and the -District Third Amendment Agreement);
with respect to any portion of the -District Debt, that # all of such -District Debt (other than -District Debt consisting of contingent indemnification obligations for which no underlying claim has been asserted) has been indefeasibly paid, performed or discharged in full (with all such -District Debt consisting of monetary or payment obligations having been paid in full in cash or otherwise satisfied in a manner acceptable to the -District Creditors in their sole and absolute discretion) and # that any and all commitments by the -District Creditors to make any loan or advance or extend any other credit that would, if made or extended, constitute -District Debt have been irrevocably terminated.
Excluded ILOC. Notwithstanding anything to the contrary contained herein, each -District [[Organization F:Organization]] acknowledges and agrees that the ILOC does not secure the -District Debt or such -District [[Organization F:Organization]]’s share of the Pari Passu Debt. Each -District [[Organization F:Organization]] hereby irrevocably waives and releases all of its right, title and interest, if any, and all Liens, if any, that it may hold in or against the ILOC. Concurrently with the execution of this Agreement, each -District [[Organization F:Organization]] shall # promptly amend its -District Note Documents solely for the purpose of excluding the ILOC from any Collateral securing the -District Debt and # file amendments with respect to all UCC financing statements on record in favor of such -District [[Organization F:Organization]] in respect of the -District Debt solely for the purpose of excluding and releasing the ILOC from the collateral description filed of record. Each -District [[Organization F:Organization]] hereby irrevocably authorizes, empowers and appoints Aegis as its agent and attorney-in-fact to execute, verify, deliver and file any UCC-3 amendment with respect to any UCC financing statement on record in favor of such -District [[Organization F:Organization]] in respect of the -District Debt (solely for the purpose of excluding and releasing the ILOC from the collateral description filed of record) upon the failure of such -District [[Organization F:Organization]] to promptly file any such UCC-3 amendment prior to FIFTEEN # days after receipt by such -District [[Organization F:Organization]] from Aegis of a written request to file any such UCC-3 amendment; provided that any UCC-3 amendment filed pursuant to this Section 6 by any -District [[Organization F:Organization]] or by Aegis shall amend the collateral description of any UCC financing statement in favor of the -District Creditors with respect to the -District Debt filed of record to read as follows:
AllDrafts is a cloud-based editor designed specifically for contracts. With automatic formatting, a massive clause library, smart redaction, and insanely easy templates, it’s a welcome change from Word.
And AllDrafts generates clean Word and PDF files from any draft.