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0fcd048d-2817-48ed-b972-4aee751bb161
Clause: Australian Tax Consolidation . Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbitration, Assignments, Assigns, Authority, Authorizations, Base Salary, Benefits, Binding Effects, Books, Brokers, Cap...
Label: Taxes
b7ed7430-9c7b-414c-91fd-118cee2137a1
Clause: Unless otherwise expressly specified herein, all payments required to be made pursuant to this Agreement shall be made in U.S. dollars and in immediately available funds. At the election of FTAI Energy, any payment due hereunder, including any Fee payment pursuant to Section 3 or any reimbursement pursuant to S...
Label: Payments
e920e16a-ef94-42b3-99ee-82d0ded7828b
Clause: Each Borrower will not, and will not permit any of its Restricted Subsidiaries to, authorize, issue or sell any Capital Stock, grant any options (other than under current option plans), warrants or other rights to purchase any Capital Stock or in any way change the capitalization of any of its Restricted Subsid...
Label: Capitalization
97989e15-bb94-4bd5-bb13-1d80df0e34ba
Clause: No Loan Party is in default in the payment or performance of any of its contractual obligations and no Default has occurred (provided that, for the avoidance of doubt, the failure to make any payment under the Subordinated Promissory Note expressly prohibited by the Subordination Agreement shall not constitute ...
Label: No Defaults
0502a43b-6b20-40a7-9573-cabe186e42f0
Clause: No Credit Party shall, nor shall it permit any of its Subsidiaries to: (a) use the proceeds of the Revolving Advances for any purposes other than (i) to refinance the advances and other obligations outstanding under the Existing Debt, (ii) working capital purposes of any Credit Party, and (iii) other general co...
Label: Use Of Proceeds
9d80a89c-09de-42aa-80d3-e2125db0c241
Clause: This Letter Agreement may be executed in multiple counterparts, each of which shall be considered to have the force and effect of an original. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbitrati...
Label: Counterparts
f5bfd48b-1542-4093-9c67-8410b3e3364c
Clause: This Agreement and the Retirement Agreement constitute the entire agreement between the parties, and all prior understandings, agreements or undertakings between the parties concerning Executive’s termination of employment or the other subject matters of this Agreement (including, without limitation, the Employ...
Label: Entire Agreements
b393a6ce-c061-4aeb-a688-acc405728c39
Clause: The captions and headings contained in this Loan Agreement are included herein for convenience of reference only and shall not be considered a part hereof and are not in any way intended to limit or enlarge the terms hereof. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, A...
Label: Headings
34759beb-4bb4-4ab8-82a5-a7109bdb5cd1
Clause: Notwithstanding Section 20 above, in the event the entire balance of rent due under this lease becomes due and payable as liquidated damages, said amount shall be discounted to its net present value as of the date of LESSOR’S notice of default, using the published prime rate then in effect. Furthermore, LESSEE’...
Label: Remedies
07b12d6e-4b2c-4410-911f-ce242bfe7fcf
Clause: (V) The Borrower will, and will cause each of its Subsidiaries to, take all actions necessary to maintain and pursue each application, to obtain the relevant registration and to maintain the registration of each of its Patents, Trademarks and Copyrights (now or hereafter existing), including the filing of appli...
Label: Intellectual Property
0a67e010-4f59-468d-ac4d-8e43054cd04d
Clause: This Agreement constitutes the entire agreement and understanding of the Parties with respect to the subject matter hereof and supersedes any and all prior negotiations, correspondence, agreements, understandings, duties or obligations between the Parties with respect to the subject matter hereof, whether writt...
Label: Entire Agreements
bfe98f71-3617-4c4b-80cf-a8b4cf3cf265
Clause: This Agreement shall terminate upon the earlier of the expiration of the Shelf Period and such time as there are no Registrable Securities, except for the provisions of Section 2.5, 2.6, 2.8 and this Article III, which shall survive such termination. Task: Classify this clause into ONE of these types (exactly ...
Label: Terminations
9496cd1f-6243-460d-afaf-cf57a1e9318d
Clause: After giving effect to the execution and delivery of the Loan Documents and the other Related Transaction Documents, the making of the Loans under this Agreement and the consummation of the other Related Transactions, Borrowers and their Subsidiaries, taken as a whole, are Solvent. Task: Classify this clause i...
Label: Solvency
2243af32-3d5d-4a90-a6b8-3606faf3848f
Clause: Guarantor is not the subject of an Insolvency Event. Guarantor is, and after giving effect to the transactions hereto, will be, Solvent and able to pay its debts as they come due, and has and will have adequate capital to conduct its business. Task: Classify this clause into ONE of these types (exactly one lab...
Label: Solvency
b4cd3d1e-36b6-432c-8d49-4c92313def29
Clause: This Agreement shall be governed and construed in accordance with the laws of the State of Delaware applicable to agreements executed and to be performed wholly within such State, without regard to any principles of conflicts of law. Task: Classify this clause into ONE of these types (exactly one label): Adjus...
Label: Governing Laws
f729ef43-9739-42b0-b630-1033cadc1c39
Clause: This Agreement and the exhibits to this Agreement set forth the entire agreement and understanding of the Parties in respect of the transactions contemplated by this Agreement, and supersede all prior contracts, term sheets, letters of intent, exclusivity agreements, and other arrangements and understandings re...
Label: Entire Agreements
904633e7-3357-4ca7-a78c-7dbc5687e708
Clause: From and following the Closing Date, the Loans and the other Obligations shall bear interest at the sum of (x) the LIBOR Rate plus 9.00% per annum on the aggregate outstanding principal amount of the Loans outstanding, which shall be paid in cash, plus (y) an amount equal to 1.00% per annum on the aggregate out...
Label: Interests
b5b24fc5-d847-4eed-a44e-604942725a79
Clause: In the event of a Change in Control pursuant to which the Company or any successor is obligated to provide D&O Insurance for a period of time following the effective date of the transaction or to purchase a D&O Insurance tail policy, Participant shall be a covered party under such D&O Insurance or tail policy t...
Label: Change In Control
fc1e8ee3-9ef0-4cf2-a042-a9cec967caea
Clause: Without limiting Service Provider’s payment obligations with respect to service charges under Section 5.1 or Provider Third Party Contracts pursuant to Section 4.2(b), Service Recipient shall, for each Service performed, reimburse Service Provider for any reasonable documented out-of-pocket amounts payable to a...
Label: Expenses
47cdeb49-030a-4587-9465-e30277285ec2
Clause: Any controversy or claim relating to or arising from this Agreement (an “Arbitrable Dispute”) shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the Judicial Arbitration and Mediation Services (the “JAMS”) as such rules may be modified herein or as otherwise agreed by the par...
Label: Arbitration
27e89b8a-1e24-4c23-82c9-0487e03ae6ce
Clause: Except to the extent preempted by federal law, and without regard to conflict of laws principles, the laws of the State of Georgia shall govern this Agreement in all respects, whether as to its validity, construction, capacity, performance or otherwise. Task: Classify this clause into ONE of these types (exact...
Label: Governing Laws
6d5d49a4-9a9d-4c88-8af2-c464800e562b
Clause: The Borrower and each of its Restricted Subsidiaries owns, or is licensed to use, all Intellectual Property reasonably necessary for the conduct of its business as currently conducted, except for those the failure to own or be licensed to use which would not reasonably be expected to result in a Material Advers...
Label: Intellectual Property
3ea2bb71-e6e6-44ec-9807-4a34d2821e17
Clause: The Administrative Agent shall have received, as applicable, (i) a Notice of Borrowing meeting the requirements of Section 2.04(b) with respect to any Borrowing (other than a Continuation or Conversion), or (ii) a Notice of Continuation or Conversion meeting the requirements of Section 2.08(b) with respect to a...
Label: Notices
2c3a21c2-518f-4cb5-bab8-a137eb49373d
Clause: Supplier will keep complete and accurate records (including reports, accounts, notes, raw data, and records of all information and results obtained from performance of services) of all work done by it under this Agreement, in form and substance as specified in the applicable Quality Agreement and this Agreement...
Label: Records
937e39f1-d42f-4c6b-bde1-f2e086be8c6c
Clause: Notice of prepayment or commitment reduction pursuant to clauses (a) and (b) above shall not thereafter be revocable by Borrower (unless such notice expressly conditions such prepayment upon consummation of a transaction which is contemplated to result in prepayment of the Loans, in which event such notice may ...
Label: Notices
fc189ed0-5a1d-4592-9826-fcb242584242
Clause: The headings contained in the Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of the Agreement. References to Articles and refer to Articles of the Agreement unless otherwise stated. Task: Classify this clause into ONE of these types (exactly one label): ...
Label: Interpretations
7223158a-42f9-4f44-b209-69472a9c7eb8
Clause: Subject to the terms of the Asset Management Agreement and Section 6.3 hereof, the powers of the Company shall be exercised by and under the authority of, and the affairs of the Company shall be managed by and under the joint direction of, the Cindat Member and the Hersha Member.  Each Hotel Lessee will impleme...
Label: Duties
d44af7f4-583b-4005-85a0-4c694b04aec4
Clause: Integrated shall pay to under Subparagraph (iii) of Section 1.2 of the Exchange Agreement, the sum of $3,920 to the State of Delaware. Integrated shall not file Amended Delaware Franchise Tax returns under Section 5.2(p) of the Exchange Agreement; provided that Surviving Corporation shall indemnify, defend and ...
Label: Indemnifications
a0b96036-b4ca-497b-9c5e-81c1e3701f19
Clause: THIS FIRST AMENDMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER SHALL BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE LAWS OF THE STATE OF NEVADA WITHOUT REGARD TO THE CONFLICT OF LAWS RULES THEREOF. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreement...
Label: Governing Laws
21b1fdfe-1b6f-4f19-bb73-e1e4db70dbec
Clause: Any arbitration or Expert determination relating to a Dispute (including an arbitral award, a settlement resulting from an arbitral award, documents exchanged or produced during an arbitration or Expert proceeding, and memorials, briefs or other documents prepared for the arbitration or Expert proceeding) shall...
Label: Confidentiality
16d4cf1c-d727-40aa-889b-fbbda087cbaa
Clause: The Borrower and each of its Subsidiaries have filed all Federal and other material Tax returns and reports required to be filed, and have paid all Taxes due and payable by it (whether or not shown on a Tax return), including in their capacity as a withholding agent, and all material assessments imposed by any ...
Label: Taxes
bbb27a5f-2380-46a1-a959-3b545ff321d4
Clause: Any controversy or claim between Employee and RGP arising out of, relating to or connected with this Agreement, its enforcement or interpretation, or because of an alleged breach, default, or misrepresentation in connection with any of its provisions, shall be submitted to arbitration, to be held in            ...
Label: Arbitration
94215890-32d3-428e-99b1-339baec67604
Clause: All warranties, representations, certifications and covenants made by or on behalf of the Loan Parties herein shall be considered to have been relied upon by the Administrative Agent and the Lenders and shall survive the execution of this Agreement, regardless of any investigation made by or on behalf of the Ad...
Label: Survival
ad9c84b3-2089-4792-98f6-bb291139d28a
Clause: THE PARTIES HERETO CONSENT AND AGREE THAT THE STATE OR FEDERAL COURTS LOCATED IN NEW YORK COUNTY, STATE OF NEW YORK, SHALL HAVE EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE ANY CLAIMS OR DISPUTES BETWEEN OR AMONG ANY OF THE PARTIES HERETO PERTAINING TO THIS AGREEMENT, AND ANY OTHER TRANSACTION RELATING HERETO, ...
Label: Jurisdictions
cbf87d52-2c29-4ade-a8ad-15fcda8ab705
Clause: Purchaser represents and warrants that: (i) it is a validly existing corporation in good standing under the laws of the Bahamas; (ii) this Agreement has been duly authorized, executed and delivered by Purchaser and constitutes the legal and binding obligation of Purchaser, enforceable against Purchaser in accor...
Label: Representations
c9b32792-8d2f-4123-bd78-13dc51025672
Clause: Notwithstanding anything contained in this Agreement or the Plan, the Company may not take any actions hereunder, and no award shall be granted or shares shall be issued, that would violate the Securities Act of 1933, as amended (the “Act”), the Securities Exchange Act of 1934, as amended, the Code, or any othe...
Label: Compliance With Laws
89e5da95-7b78-4105-8b1e-6e75e56d1f17
Clause: The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective representatives, successors and assigns. The obligations and liabilities assumed in this Agreement by the parties hereto shall be binding upon each party’s respective successors and assigns...
Label: Binding Effects
32e5d1e0-38dc-4089-8d48-7f6183e7313e
Clause: Executive agrees to be employed with the Company, and the Company agrees to employ Executive, on the terms and conditions set forth in this Agreement. This Agreement shall replace and supersede any prior agreements between Executive and the Company. Executive agrees during the term of this Agreement to devote s...
Label: Employment
e762ec5d-da57-42e3-9251-b59dc37e6e17
Clause: The Lenders and the Administrative Agent shall have received all fees required to be paid, and all expenses for which invoices have been presented (including the reasonable fees and expenses of legal counsel) at least one (1) Business Day before the Restatement Effective Date. All such amounts will be paid with...
Label: Fees
a5d52fdc-690f-46cb-a1b8-3204013f83a2
Clause: Shipper agrees to be liable for and to pay directly or reimburse Carrier for, promptly when due, all sales, use, excise and other taxes or charges (including any interest and penalties), now or hereafter imposed by any governmental body or agency upon Carrier or with respect to the services or payments hereunde...
Label: Taxes
2813188b-38fa-4b47-8f99-9bed58a37167
Clause: Buyer acknowledges and agrees that the Confidentiality Agreement remains in full force and effect and, in addition, covenants and agrees to keep confidential, in accordance with the provisions of the Confidentiality Agreement, information provided to Buyer pursuant to this Agreement and otherwise previously pro...
Label: Confidentiality
7fd4b362-769e-4e0e-80cd-110dc06b6e56
Clause: All payments made pursuant to this Agreement shall be subject to withholding of such applicable income and employment taxes as the Company determines to be required by applicable law. Executive shall be solely responsible for all taxes imposed on Executive by reason of the receipt of any amount of compensation ...
Label: Taxes
1bcf1491-8ddf-4d5a-8691-38424232b2b4
Clause: Each Lender and the Issuing Lender hereby irrevocably (a) appoints Wells Fargo to act on its behalf as the Administrative Agent hereunder and under the other Loan Documents, and (b) authorizes the Administrative Agent to take such actions on its behalf and to exercise such powers as are delegated to the Adminis...
Label: Authority
a36d17e6-a61b-408d-a99f-875adfd5b46f
Clause: This Amendment may be signed in counterparts. Signatures via electronic mail shall have the same effect as originals. This Amendment shall be effective upon execution by both Purchaser and Seller. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-...
Label: Counterparts
1ce2df2f-5e74-46de-ab1d-58b57d77ccb8
Clause: If any provision of this Agreement is held to be illegal, invalid or unenforceable, (a) the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby and (b) the parties shall endeavor in good faith negotiations to replace the illegal, invalid ...
Label: Severability
5b156d16-1c60-43c7-b452-8b3da8f43b4c
Clause: The execution, delivery and performance of the Transaction Documents by the Company and the consummation by the Company of the transactions contemplated hereby and thereby (including, without limitation, the reservation for issuance and issuance of the Purchase Shares and the Commitment Shares) will not (i) res...
Label: No Conflicts
96d147a9-33a2-4cec-bb8e-c9b78fd9b855
Clause: The Executive shall be eligible to participate in all pension, profit-sharing, group insurance, or other benefit plans on terms and conditions that are no less favorable than those applicable to its other senior officers, but the Company shall not be required to establish any additional such programs or plans a...
Label: Benefits
376e330b-a249-4cd2-a31a-619f3efaef4f
Clause: This Security Instrument may be executed in several counterparts, each of which counterpart shall be deemed an original instrument and all of which together shall constitute a single Security Instrument. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments...
Label: Counterparts
0ce1d423-ee05-4463-95ed-317d77098245
Clause: This Amendment may be executed in any number of counterparts, each of which will be deemed an original and all of which, taken together, will constitute one instrument. Purchaser and Seller may execute different counterparts of this Amendment and, if they do so, the signature pages from the different counterpar...
Label: Counterparts
23ddd161-b16b-4e84-b302-2ec47c724a21
Clause: The Company and the Executive agree that all disputes, controversies, and claims arising between them concerning the subject matter of this Agreement, other than Sections 9 and 10, shall be settled by arbitration in accordance with the rules and procedures of the American Arbitration Association then in effect....
Label: Arbitration
a8f7cb45-bb90-4b14-939f-874438c4a353
Clause: Borrower irrevocably and unconditionally submits, for itself and its property, to the exclusive jurisdiction of the United States District Court of the Southern District of the State of New York, and all appropriate appellate courts or, if jurisdiction in such court is lacking, any New York State court of compe...
Label: Submission To Jurisdiction
96ea991e-9874-4ad5-bc0c-5e415f812782
Clause: The Company shall by 9:00 a.m. (New York City time) on the Trading Day immediately following the date hereof, (a) issue a press release disclosing the material terms of the transactions contemplated hereby, and (b) file a Current Report on Form 8-K, including the Transaction Documents as exhibits thereto, with ...
Label: Publicity
74c5a709-3ebe-48aa-ab7a-a8abea8b58c6
Clause: Each of the Company and its Subsidiaries (as defined in Rule 405 under the Securities Act of 1933, as amended (the “ Securities Act ”)) is duly organized and validly existing in good standing under the laws of the jurisdiction of its organization. Each of the Company and its Subsidiaries has full power and auth...
Label: Organizations
a4ba4392-5016-4411-98bc-a24a1b723b84
Clause: The Restrictive Covenants shall survive the termination or expiration of this Agreement, and in the event any of the Restrictive Covenants shall be held by any court to be effective in any particular area or jurisdiction only if said Restrictive Covenant is modified to be limited in its duration or scope, then,...
Label: Severability
7addc3cd-057d-4d65-8473-93a94386f208
Clause: Each party shall do and perform, or cause to be done and performed, all such further acts and things, and shall execute and deliver all such other agreements, certificates, instruments and documents, as the other party may reasonably request in order to carry out the intent and accomplish the purposes of this A...
Label: Further Assurances
774902af-30c2-40e2-8a35-fa04f53f977b
Clause: Enter into any arrangement, directly or indirectly, with any person whereby it shall sell or transfer any property, real or personal, used or useful in its business, whether now owned or hereafter acquired, and thereafter rent or lease such property or other property that it intends to use for substantially the...
Label: Sales
5f69f2fd-203c-4965-a211-fa5871df5101
Clause: All communications and notices hereunder shall (except as otherwise expressly permitted herein) be in writing and given as provided in Section 13.02 of the Indenture. All communications and notices hereunder to any Grantor shall be given to it in care of the Company as provided in Section 13.02 of the Indenture...
Label: Notices
213d45cf-69e7-435c-9c0a-d47c8e8f18c8
Clause: Each capitalized term which is defined in the Credit Agreement, but which is not defined in this Eleventh Amendment, shall have the meaning ascribed such term in the Credit Agreement, as amended hereby. Unless otherwise indicated, all section references in this Eleventh Amendment refer to the Credit Agreement. ...
Label: Defined Terms
2abd45e0-5fdd-4163-aafe-fd10db365918
Clause: During the Consulting Period, the Company will reimburse Gaffney pursuant to the Company’s reimbursement policies as in effect from time to time for reasonable business expenses incurred by Gaffney in connection with the performance of the Consulting Services. Task: Classify this clause into ONE of these types...
Label: Expenses
490d6f26-9297-4329-bd84-c4ea471ac5c2
Clause: Except as otherwise expressly set forth in this Agreement, this Agreement may be amended, supplemented or restated only by a written agreement executed by each of the Members. Notwithstanding anything to the contrary in this Section 19.7 , the Certificate of Formation and this Agreement may be amended, suppleme...
Label: Amendments
9c906118-b12b-49cc-8978-126dd30cd040
Clause: This Agreement establishes the terms and conditions on which Oculus will sell to Manna Pro the Products, and the terms and conditions on which Manna Pro shall have the right to sell the Products. This Agreement shall not be modified, supplemented or interpreted by any trade usage or prior course of dealing not ...
Label: General
5e4711c0-c38b-42be-a6f1-fb1fc329b743
Clause: Indemnify, defend (with counsel reasonably acceptable to Mortgagee) and hold harmless Mortgagee (including Mortgagee's agents, employees, officers and directors) against all losses, claims, suits, fines, damages and expenses, including reasonable attorney's fees and disbursements, incurred by reason of, or in c...
Label: Indemnifications
eb55eaa6-a02d-4ef8-95e3-0d25dd4ba200
Clause: So as to ensure that the Corporation or a Subsidiary, as applicable, will be able to comply with the applicable provisions of any federal, provincial, state or local law relating to the withholding of tax or other required deductions, including on the amount, if any, includable in the income of an Eligible Empl...
Label: Withholdings
f8f92761-eb27-4f01-a126-3c8009429071
Clause: This Amendment may be executed in two or more identical counterparts, all of which shall be considered one and the same agreement and shall become effective when counterparts have been signed by each party and delivered to the other party; provided that a facsimile signature delivered by fax or e-mail/.pdf tran...
Label: Counterparts
4746fb12-7b2f-4958-9890-864537c6e665
Clause: (a)  Purchaser acknowledges and agrees that it has received and approves of, except those liens that Seller is obligated to pay or discharge under Section 5.4(e) , all of which will not be Permitted Encumbrances, (i) all title matters shown on the title commitments (each a “ Title Commitment ,” and collectively...
Label: Titles
c3bf8ba0-05c8-49d7-ad29-31b101019139
Clause: This Agreement may be executed and delivered (including by facsimile transmission or electronic mail) in any number of counterparts, each of which when so executed and delivered shall be deemed an original, and such counterparts together shall constitute one instrument. Task: Classify this clause into ONE of t...
Label: Counterparts
4254e9c7-db2b-46a1-b737-2ee3e3b6ef1e
Clause: The parties shall cooperate fully with each other in connection with any acts or actions required to be taken as part of their respective obligations under this Agreement. Purchaser and Seller agree to use all reasonable efforts to satisfy or cause to be satisfied as soon as practicable their respective obligat...
Label: Further Assurances
f47b9546-d02f-4f4f-8702-3829254159b1
Clause: Executive acknowledges that a breach of his covenants and agreements contained in Sections 6 and 7 would cause irreparable damage to the Company and its subsidiaries and affiliates, the exact amount of which would be difficult to ascertain, and that the remedies at law for any such breach or threatened breach w...
Label: Enforcements
f6b7bfcd-ac0b-4f05-9e22-a9308f4d00ab
Clause: Each of the representations and warranties (together with any related disclosure schedules thereto) made to the Investors in the Securities Purchase Agreement, is hereby incorporated herein by reference (as though fully restated herein) and is hereby made to, and in favor of, the Placement Agent. Task: Classif...
Label: Representations
245dc4c3-6835-4e60-866b-5b1c6ce4dca2
Clause: Buyer has full limited liability company power and authority to execute, deliver, and perform this Agreement and any Buyer Ancillary Documents to which it is a party. The execution, delivery, and performance by Buyer of this Agreement and the Buyer Ancillary Documents to which it is a party and the consummation...
Label: Authorizations
fc781d91-5d95-4667-b698-0cfc5572debc
Clause: Each party hereto agrees that they have been represented by counsel during the negotiation and execution of this Agreement and, therefore, waive the application of any Law, regulation, holding or rule of construction providing that ambiguities in an agreement or other document will be construed against the part...
Label: Construction
423bd4a1-d29b-4ee7-9b8f-8f10130a5998
Clause: This Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties hereto and their respective successors (including any direct or indirect successor by purchase, merger, consolidation, or otherwise to all or substantially all of the business and/or assets of the Tyco Management)...
Label: Binding Effects
0ea2f0ff-8f21-4cb6-b2c8-be327b3ab898
Clause: The parties agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached.  Accordingly, each party shall be entitled to specific performance of the terms hereof, including an injunction o...
Label: Enforcements
55ef5df9-1fe7-4975-9f29-a1e89ca6973f
Clause: This Agreement constitutes the entire understanding and agreement of the parties hereto as to the modification of the Loan Documents, the BOCO Notes, and the Remaining Notes. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Appli...
Label: Entire Agreements
fc0c89ba-1fb5-4b78-bbe1-8a09b0596e8c
Clause: At the time Executive recognizes taxable income with respect to the Restricted Stock Units, Executive shall pay an amount equal to the taxes the Company determines it is required to withhold under applicable tax laws with respect thereto. Executive may satisfy the foregoing requirement (i) by making a payment t...
Label: Withholdings
79d3ca4a-b05d-479b-9729-2cc9014b6db0
Clause: During the continuation of an Event of Default, Administrative Agent may require each Grantor to instruct the insurance carriers that in the event of any loss thereunder, the carriers shall make payment for such loss to Administrative Agent and not to Grantor and Administrative Agent jointly. All loss recoverie...
Label: Insurances
443eda4b-b2b6-4326-9573-8758a5af3c7b
Clause: Except as otherwise provided herein, each party hereto shall pay such party’s own expenses incurred in connection with this Agreement. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbitration, Assi...
Label: Expenses
70e4128f-7572-49f2-a097-5744b52a0d41
Clause: During the Term, Consultant may retain “ Company Records ” (as defined in the Employment Agreement, the definition of which is hereby incorporated in this Agreement); provided that upon the earlier of a request by the Company or the termination of the Term (regardless of the reason), Consultant shall immediatel...
Label: Records
78788d3f-f09c-48fd-b273-a4f93107c2f3
Clause: Landlord and Tenant shall cooperate with Gaming Authorities in all reasonable respects to facilitate all necessary regulatory reviews, approvals and/or authorization of the Separate Lease in accordance with applicable Gaming Regulations. Task: Classify this clause into ONE of these types (exactly one label): A...
Label: Cooperation
6f7e930e-216d-4e0a-87c0-7a741a187943
Clause: In addition to, and not in limitation of Section   2.7 , no failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or t...
Label: No Waivers
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Clause: The receipt by each Purchaser of all governmental and third party approvals necessary in connection with the continuing operations of Company, the execution and performance of the Documents and the transactions contemplated thereby, all of which consents/approvals shall be in full force and effect. Task: Class...
Label: Approvals
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Clause: This Agreement, including the Assignment executed herewith, embody the entire agreement and understanding of the Parties hereto in respect of the subject matter hereof and supersede all prior agreements, representations, warranties and understandings between or among the Parties with respect to such subject mat...
Label: Entire Agreements
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Clause: Any provision for the benefit of the Company contained in this Agreement may be waived, either generally or in any particular instance, by the Board. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Ar...
Label: Waivers
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Clause: Neither a Default nor an Event of Default shall have occurred and be continuing. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbitration, Assignments, Assigns, Authority, Authorizations, Base Sala...
Label: No Defaults
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Clause: Notwithstanding the foregoing, in the event of (i) material acquisitions or dispositions during any EBITDA Performance Period or (ii) currency fluctuations affecting U.S. dollar denominated Adjusted Corporate EBITDA by 5% or more from January 1, 2016 through the end of the applicable EBITDA Performance Period, ...
Label: Adjustments
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Clause: Any Lender may at any time, without the consent of, or notice to, the Borrower or the Administrative Agent, sell participations to any Person (other than a natural person, a Defaulting Lender, or the Borrower or any of its Subsidiaries) (each, a “ Participant ”) in all or a portion of such Lender’s rights and/o...
Label: Participations
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Clause: The Company has filed all reports, schedules, forms, statements and other documents required to be filed by the Company on or before July 5, 2016 under the Securities Act and the Exchange Act, including pursuant to Section 13(a) or 15(d) thereof, for the two years preceding the date hereof (or such shorter peri...
Label: Financial Statements
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Clause: The parties hereto agree that the whole agreement between them is written herein, and that a Memorandum of Lease, if any, entered into as of the same date and covering the Leased Premises, is intended for recording and is not intended to supersede, abrogate, change, alter or modify any of the terms of this Leas...
Label: Entire Agreements
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Clause: Each party to this Agreement, for itself and its affiliates, hereby irrevocably and unconditionally waives to the fullest extent permitted by applicable law all right to trial by jury in any action, proceeding or counterclaim (whether based on contract, tort or otherwise) arising out of or relating to the actio...
Label: Waiver Of Jury Trials
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Clause: The representations and warranties contained in this Agreement shall survive the Closing until eighteen (18) months after the Closing Date and shall expire at such time. The covenants contained in this Agreement shall survive until they are fully performed.  All indemnification obligations under this Agreement ...
Label: Survival
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Clause: If the DIP Facility is increased in accordance with this Section, the Lead Arrangers shall determine the final allocation of such increase. The Administrative Agent shall promptly notify the Company and the Lenders and the New Lenders of the final allocation of such increase. Task: Classify this clause into ON...
Label: Effective Dates
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Clause: The business and purpose of the Company shall be to engage, directly or indirectly through its Subsidiaries, in the planning, design, construction, acquisition, ownership, operation, modification and maintenance of the Assets, to market the services of the Assets, to engage in the transportation, terminalling, ...
Label: Powers
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Clause: The Committee may provide in the Grant Letter that Grants identified as “qualified performance-based compensation” shall be payable, in whole or in part, in the event of the Participant’s death or disability, a Change of Control or under other circumstances consistent with the Treasury regulations and rulings u...
Label: Death
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Clause: To the extent that the receipt of the Deferred Stock Units, any payment in cash or shares of Stock or the lapse of any Forfeiture Restrictions results in income to the Employee for federal, state or local income, employment or other tax purposes with respect to which the Company or any Affiliate has a withholdi...
Label: Tax Withholdings
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Clause: The Company and Indemnitee each hereby irrevocably consent to the exclusive jurisdiction of the Delaware Court of Chancery for any purpose in connection with any actions or proceedings which arise out of or relate to this Agreement. Task: Classify this clause into ONE of these types (exactly one label): Adjust...
Label: Consent To Jurisdiction
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Clause: All computations of interest for Base Rate Loans (including Base Rate Loans determined by reference to the Eurodollar Rate) shall be made on the basis of a year of 365 or 366 days, as the case may be, and actual days elapsed.  All other computations of fees and interest shall be made on the basis of a 360-day y...
Label: Fees
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Clause: Any notice provided for in this Agreement shall be in writing and shall be either personally delivered, or sent by certified mail, return receipt requested, postage prepaid, addressed (a) if to Executive, to his last known address shown on the payroll records of the Company, and if to the Company, to UCP, Inc.,...
Label: Notices
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Clause: The Parties each irrevocably: (i) submit to the jurisdiction of the State of Nevada and the district courts located in Clark County for any action arising out of this Agreement, (ii) agree that all claims in such action may be decided in such court, (iii) waive, to the fullest extent they may effectively do so,...
Label: Consent To Jurisdiction
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Clause: Each Obligor and the Manager shall cooperate with the other parties hereto in connection with the performance of any responsibility required hereunder, under the Transaction Documents, or otherwise related to the Tenant Site Assets or the Services.  In the case of the Obligors, such cooperation shall include (i...
Label: Cooperation
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Clause: The Corporation is a corporation duly organized, validly existing and in good standing under the laws of the State of Delaware and has all requisite corporate power and authority to own and lease its properties, to carry on its business as presently conducted and as proposed to be conducted and to carry out the...
Label: Organizations