Exhibits
A. Form of Monthly Accounting Report
B. Custody Agreement
This Addendum reflects a negotiated compromise and settlement between the Parties, and therefore: # shall not be deemed to constitute a precedent with respect to any future application of [Sections 3 and 8] to the Agreement; and # shall not be construed as an admission, stipulation or agreement by any Party of any claim or argument of another Party raised in connection with the differences of opinion resolved hereby.
if the final settlement amount set out in the Closing Statement (which amount shall not exceed Ten Million U.S. Dollars (U.S. $10,000,000) without the approval of Farmee) (Final Settlement Amount) exceeds the amount set out in the Preliminary Closing Statement, Farmee shall pay Farmor the Final Settlement Amount in immediately available funds by wire transfer to Farmors account; or
Final Survey. shall have furnished to a Final Survey.
Final Payment. Provided that the Lease is then in full force and effect and Tenant is not in default of any of its obligations under the Lease, including this Agreement, final payment by means of a check made payable to Tenants Contractor or as Tenant shall otherwise direct in writing, shall be delivered by Landlord to Tenant following the latest to occur of the following: # Tenant delivers to Landlord invoices from Tenants Contractor and each of Tenants Agents for labor rendered and materials delivered to the Premises properly executed mechanics lien releases in compliance with both California Civil Code Section 8136 and [Section 8138]; # Tenants Architect delivers to Landlord AIA Form G704, certifying that the construction of the Tenant Improvements in the Premises has been substantially completed; # Tenant delivers to Landlord copies of all Permits, licenses, certificates and other governmental authorizations and approvals in connection with, and indicating final approval of, the Tenant Improvement Work, and which will be necessary for the operation of Tenants business within the Premises; # Tenant delivers a copy of the recorded Notice of Completion and such other items required in the last sentence of Section 9; # Tenant delivers HVAC and air balancing reports; # Tenant delivers specification cut sheets for all non-Building standard equipment and lighting and manufacturers warranties and operating instructions; # original stamped building permit inspection cards with all final sign-offs; # the final punchlist completed and signed off by Tenants Architect; and # the satisfaction of any other reasonable requirements or conditions that may be required or imposed by Landlords lender with respect to the construction of the Tenant Improvements.
Final Paycheck. Your employment with LSI terminates effective October 18, 2018. In your final paycheck, you will receive payment for all compensation and earned and unused vacation owed to you through the Termination Date. All such payments will be less applicable taxes and withholdings.
If the CEOs are unable to settle the dispute within the period described in clause 25.3, the matter will be referred to arbitration for final resolution.
Expiration Final. In no event may anyone exercise the Option, in whole or in part, after it has expired, notwithstanding any other provision of this Agreement.
Final Payment. With respect to each Growth Capital Term Loan Advance, on the earlier of # the date of the final Growth Capital Term Loan Payment for such Growth Capital Term Loan Advance, # the acceleration of such Growth Capital Term Loan Advance pursuant to Section 9.1 hereof, or # the Growth Capital Term Loan Maturity Date for such Growth Capital Term Loan Advance, Borrower shall pay, in addition to the outstanding principal, accrued and unpaid interest, and all other amounts due on such date with respect to such Growth Capital Term Loan Advance, an amount equal to the Final Payment.
Settlement. Upon the vesting of and/or lapsing of any other restrictions (i.e., settlement) with respect to each Restricted Stock Unit, the Participant shall be entitled to receive from the Company one share of Common Stock or (if so provided in the applicable Award agreement) an amount of cash equal to the Fair Market Value of one share of Common Stock. The Board may, in its discretion, provide that settlement of Restricted Stock Units shall be deferred, on a mandatory basis or at the election of the Participant in a manner that complies with Section 409A of the Code.
Final Order. This Confirmation Order is a Final Order and the period in which an appeal must be filed shall commence upon the entry hereof.
Final Agreement. This Agreement is a complete and final agreement between you and the Company and its successors and supersedes all other offers, agreements, and negotiations. Notwithstanding the foregoing, the Invention Assignment and Arbitration Agreements remain in full force and effect except as modified by this Agreement.
Settlement. It is agreed that each Lender’s funded portion of the Revolving Loans is intended by Lenders to be equal at all times to such Lender’s Pro Rata Share of the outstanding Revolving Loans. Notwithstanding such agreement, Agent, Wells Fargo and the other Lenders agree (which agreement shall not be for the benefit of or enforceable by Borrowers) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among them as to the Revolving Loans, the Non-Ratable Loans and the Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Settlement. The RSUs shall be settled on or as soon as administratively practicable following each applicable date of vesting under the vesting schedule set forth in the Notice (and in no event later than 2 1/2 months following the end of the year in which such vest date occurs). Settlement of RSUs shall be in Shares. No fractional RSUs or rights for fractional Shares shall be created pursuant to this Agreement.
Settlement. shall issue Shares corresponding to vested Restricted Stock Units as soon as practicable but, in any event, no later than <
Settlement. The Indemnifying Party shall not, without the prior written consent of the Indemnified Party, enter into any compromise or settlement that commits the Indemnified Party to take, or to forbear to take, any action. The Indemnified Party shall have the sole and exclusive right to settle any Third Party Claim, on such terms and conditions as it deems reasonably appropriate to the extent such Third Party Claim involves equitable or other non-monetary relief but shall not have the right to settle such Third Party Claim to the extent such Third Party Claim involves monetary damages without the prior written consent of the Indemnifying Party. Each of the Indemnifying Party and the Indemnified Party shall not make any admission of liability in respect of any Third Party Claim without the prior written consent of the other Party, and the Indemnified Party shall use reasonable efforts to mitigate Liabilities arising from such Third Party Claim.
Settlement. Upon the vesting of and/or lapsing of any other restrictions (i.e., settlement) with respect to each Restricted Stock Unit, the Participant shall be entitled to receive from the Company one share of Common Stock or (if so provided in the applicable Award agreement) an amount of cash equal to the Fair Market Value of one share of Common Stock. The Board may, in its discretion, provide that settlement of Restricted Stock Units shall be deferred, on a mandatory basis or at the election of the Participant in a manner that complies with Section 409A of the Code.
Eligible Directors should be aware that their participation in the Plan involves the following risks, among others:
Registration Statement. As required by [Section 4(q)] of the Purchase Agreement, the Borrower shall promptly, but in any event no later than 90 days from the date of this Note, the Company shall prepare and file with the SEC a registration statement covering the resale of all of the Conversion Shares, Commitment Fee Shares, and Warrant Shares
Closing Statement. Not less than three (3) Business Days prior to the anticipated Closing Date, Emmis will deliver to Sinclair a written statement (the “Estimated Closing Statement”) setting forth # Emmis’ good-faith estimate of the amount of Net Working Capital (the “Estimated Net Working Capital ”), and # the Estimated Closing Consideration.
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.