Establishment of Imaging System. Other than with respect to any Electronic Contract, the Servicer shall maintain an imaging system through which the original physical Contract and, with respect to any Hard Secured Loan, the original physical certificate of title with respect to the Titled Asset securing such Hard Secured Loan may be imaged and captured through a standalone PDF, or another electronic medium, device and validated through an internal, controlled process with images captured, stored and identifiable at a central location as a backup to physical documentation. For the avoidance of doubt, the Servicer shall cause imaged files with respect to which the related Contract is an Electronic Contract to be stored in the Electronic Vault and such imaged files will not be delivered to or reviewed or retained by the Image File Custodian.”
Document Imaging. Lender shall be entitled, in its sole discretion, to image all or any selection of the Loan Documents, this Guaranty, and items and records governing, arising from or relating to any of Borrower’s loans, and may destroy or archive the paper originals. The parties hereto waive any right to insist Lender produce paper originals, agree that such images shall be accorded the same force and effect as the paper originals, and further agree that Lender is entitled to use such images in lieu of destroyed or archived originals for any purpose, including as admissible evidence in any demand, presentment or proceedings.
Document Imaging. Investor shall be entitled, in its sole discretion, to image or make copies of all or any selection of the agreements, instruments, documents, and items and records governing, arising from or relating to any of Company’s loans, including, without limitation, this Agreement and the other Transaction Documents, and Investor may destroy or archive the paper originals. The parties hereto # waive any right to insist or require that Investor produce paper originals, # agree that such images shall be accorded the same force and effect as the paper originals, # agree that Investor is entitled to use such images in lieu of destroyed or archived originals for any purpose, including as admissible evidence in any demand, presentment or other proceedings, and # further agree that any executed facsimile (faxed), scanned, emailed, or other imaged copy of this Agreement or any other Transaction Document shall be deemed to be of the same force and effect as the original manually executed document.
Establishment. With respect to any Performance Awards Performance Objectives for Performance Awards may be expressed in terms of # earnings per share; # operating income; # return on equity or assets; # free cash flow; # net cash flow; # cash flow from operations; # EBITDA and/or adjusted EBITDA (including any adjusted EBITDA metric reported by the Company to securityholders or lenders); # revenue growth; # revenue ratios; # cost reductions; # cost ratios or margins; # overall revenue or sales growth; # expense reduction or management; # market position or market share; # total shareholder return; # return on investment; # earnings before interest and taxes (EBIT); # net income (before or after taxes); # return on assets or net assets; # economic value added; # shareholder value added; # cash flow return on investment; # net operating profit; # net operating profit after tax; # return on capital; # return on invested capital; # customer growth; # financial ratios, including those measuring liquidity, activity, profitability or leverage; # financing and other capital raising transactions; # strategic partnerships or transactions; # successful completion of acquisitions; or # any combination of or a specified increase in any of the foregoing or any other performance criteria as may be established by the Committee. Performance Objectives may be in respect of the performance of the Company, any of its Subsidiaries, any of its Divisions or any combination thereof. Performance Objectives may be absolute or relative (to prior performance of the Company or to the performance of one or more other entities or external indices) and may be expressed in terms of a progression within a specified range. The Performance Objectives with respect to a Performance Cycle shall be established by the Committee while the performance relating to the Performance Objectives remains substantially uncertain.
Establishment. The International Stem Cell Corporation. 2010 Equity Participation Plan (the “Plan”) is hereby established effective as of March 29, 2010 (the “Effective Date”), the date of its adoption by the Board, subject to the approval of the Company’s stockholders.
Establishment. Enanta and Abbott hereby establish the Joint Steering Committee. The JSC shall have and perform the responsibilities set forth in [Section 2.1.4].
Establishment. As soon as practicable following the exercise by Enanta of a Co-Development and Profit-Share Option with respect to a Compound or Candidate, as the case may be, in accordance with Section 5.1, Enanta and Abbott shall establish the Joint Co-Development and Commercialization Committee which shall have and perform the responsibilities set forth in [Section 2.3.4].
Establishment. The Board adopted the PGT Innovations, Inc. 2019 Employee Stock Purchase Plan (the “Plan”) on April , 2019 (the “Effective Date”), subject to stockholder approval on or before the twelve (12) month anniversary of the Effective Date. If stockholder approval is not received by such date, the Plan will have no effect. Further, if stockholder approval of the Plan is not obtained by April , 2020, any balance in a Participant’s Plan account will be returned to the Participant, without interest, as soon as administratively practicable thereafter.
Establishment. RLI established the RLI Corp. Nonemployee Directors Deferred Compensation Plan (“Plan”) effective January 1, 2005. Prior to that date, RLI provided similar deferred compensation opportunities to its Directors under certain Prior Agreements. All obligations under the Prior Agreements (including any predecessor arrangements) will be satisfied under the Prior Agreements, rather than under this Plan. RLI restated the Plan, effective January 1, 2009, to comply with the requirements of the final regulations issued under Section 409A of the Code (“[Section 409A]”) (“Restatement”). RLI amended the Plan, effective May 3, 2018, to clarify provisions with respect to the deferral of restricted stock units and to make clear how partial (or fractional) shares are paid in a single or final payment.
Establishment. The ON24, Inc. 2021 Equity Incentive Plan (the “Plan”) is hereby established effective as of the effective date of the initial registration by the Company of its Stock under Section 12 of the Securities Exchange Act of 1934, as amended (the “Effective Date”).
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