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895e4497-898a-46c4-8980-a4b4630e4b8c
Clause: Following the Closing, each of the parties hereto shall, and shall cause their respective Affiliates to, execute and deliver such additional documents, instruments, conveyances and assurances and take such further actions as may be reasonably required to carry out the provisions hereof and give effect to the tr...
Label: Further Assurances
639a2223-401c-445c-b96a-2245da727ef7
Clause: Except as otherwise provided in this Agreement, the rights and privileges conferred by this Agreement shall not be transferred, assigned, pledged or hypothecated in any way (whether by operation of law or otherwise) and shall not be subject to sale under execution, attachment or similar process. Upon any attemp...
Label: Assignments
b6d9b2e4-79e8-43f2-89e6-aad9ca4cf97f
Clause: Although an Employer may anticipate that it will continue the Plan for an indefinite period of time, there is no guarantee that any Employer will continue the Plan or will not terminate the Plan at any time in the future. Accordingly, each Employer reserves the right to discontinue its sponsorship of the Plan a...
Label: Terminations
3a7ae034-0edb-43d3-a46b-4e80d3377c1b
Clause: The Transactions (a) do not require any consent or approval of, registration or filing with, or any other action by, any Governmental Authority, except such as have been obtained or made and are in full force and effect, or any filings that any Borrower or any of their Affiliates may be required to make with th...
Label: No Conflicts
9f1a955c-9335-4eb9-9229-05aedd68b839
Clause: The Board may amend, suspend or terminate the Plan or any portion thereof at any time, subject to any required stockholder approval under any applicable legal, regulatory or listing requirement. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Co...
Label: Amendments
0a93ba85-d6ad-41f4-b50f-da9dd58a0625
Clause: At the closing of the sale and purchase pursuant to this Section 3.01, the Seller shall deliver to the Buyer a certificate or certificates representing the Option Shares, accompanied by stock powers and all necessary stock transfer taxes paid and stamps affixed, if necessary, against receipt of the Exercise Pri...
Label: Closings
7d4e1efe-1b84-486f-ade8-4d3e4ae57d4b
Clause: EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY WHICH MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE EACH SUCH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT SUCH PARTY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY O...
Label: Waiver Of Jury Trials
a1bb95b6-91be-4fc9-b95f-0548014acbcd
Clause: During the Term, the Executive’s annual base salary shall be $355,000.  The Executive’s base salary shall be re-determined annually by the Board or the Compensation Committee of the Board and shall be subject to increase but not decrease while Executive is serving in the Chief Scientific Officer role.  The annu...
Label: Base Salary
fe2857a8-15ae-4926-9d6c-66aaa52860f6
Clause: The Company and the Company Subsidiaries have good title to or, in the case of property held or used under a lease and any other Contractual Obligation, an Enforceable right to use, all of the properties and assets used in or necessary to the conduct of the Business (collectively, the “ Assets ”). The Assets th...
Label: Titles
145bc1a5-af65-4e80-bf26-531c56566a51
Clause: All purchases of Products hereunder shall be subject to the provisions of this Agreement.  Unless otherwise agreed in writing, nothing contained in any purchase order submitted pursuant to this Agreement shall in any way modify or add any provision to this Agreement.  In the event of a conflict between the term...
Label: Terms
8ca7cc0d-12f5-4ab7-8055-5b2bbdeb5533
Clause: The headings used in this Subscription Agreement have been inserted for convenience of reference only and shall not affect the meaning or interpretation of this Subscription Agreement or any provision hereof. Words importing the singular number only shall include the plural and vice versa. In this Subscription ...
Label: Interpretations
d3d30672-50b4-4db3-a60f-5c1d333dcc00
Clause: The execution, delivery and performance by Purchaser of this Agreement has been duly authorized by all necessary action. Purchaser has full power, authority, and legal capacity to execute and deliver this Agreement and to perform all of its respective obligations under the terms hereof. This Agreement constitut...
Label: Authority
4c1838d8-f494-48c5-9671-1c10b1452939
Clause: Set forth on Schedule   4.19 of the Company Disclosure Letter is a true, correct and complete list of all material insurance policies held by the Company or any of its Subsidiaries as of the date of this Agreement (collectively, the “ Material Company Insurance Policies ”). Each of the Material Company Insuranc...
Label: Insurances
e5d28667-9e57-430f-9160-335da2ff647f
Clause: The representations and warranties contained in Article VI shall be true and correct in all material respects, except for any representation and warranty that is qualified by materiality or reference to Material Adverse Effect, which such representation and warranty shall be true and correct in all respects on ...
Label: Warranties
81fa0b02-5164-4d23-9a56-016764e2ac9b
Clause: THIS AMENDMENT NO. 6 AND ANY OTHER LOAN DOCUMENT AND ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AMENDMENT NO. 6 OR ANY OTHER LOAN DOCUMENT (WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE) SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF N...
Label: Applicable Laws
d4b4859e-b578-42ee-88e8-857ad7039bd0
Clause: EACH OF COUSINS AND THE STOCKHOLDERS HEREBY WAIVES TRIAL BY JURY IN ANY JUDICIAL PROCEEDING INVOLVING, DIRECTLY, IN ANY MATTERS (WHETHER SOUNDING IN TORT, CONTRACT OR OTHERWISE) IN ANY WAY ARISING OUT OF, RELATED TO OR CONNECTED WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. Task: Classify this c...
Label: Waiver Of Jury Trials
f691e508-8613-45be-be0e-a78be59a4c8c
Clause: Any Lender may, without the consent of the Company, the Administrative Agent, any Issuing Lender or the Swingline Lender, sell participations to one or more banks or other entities (a “ Participant ”) in all or a portion of such Lender’s rights and obligations under this Agreement and the other Loan Documents (...
Label: Participations
a8572139-616c-4aa3-b6f5-4edb4485e683
Clause: Each Grantor agrees, at the expense of the Borrower in accordance with Section 10.2 of the Credit Agreement, to take any and all actions reasonably necessary to defend title to the Collateral against all Persons (other than Persons holding Permitted Liens on such Collateral that have priority over, or are pari ...
Label: Further Assurances
a031f3b0-5fd1-4990-913d-46830c2d3645
Clause: The execution, delivery and performance by the Company of this Agreement and the Additional Agreements and the consummation by the Company of the transactions contemplated hereby and thereby are within the corporate powers of the Company and have been duly authorized by all necessary action on the part of the C...
Label: Authorizations
d1c2faee-a84e-4748-a2c4-909dd7960029
Clause: The Company may terminate the Executive’s employment if the Executive has been unable to perform the material duties of his employment for a period of 180 days in any twelve month period because of physical or mental injury or illness which constitutes a disability for purposes of Section 409A of the Code (“ Di...
Label: Disability
6b0ac042-34fa-4ea9-b39c-66c02e09bd15
Clause: This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflicts of laws. Any action brought by either party against the other concerning the transactions contemplated by this Agreement shall be brought only in the state courts of N...
Label: Governing Laws
93becf17-a60a-4f74-b6f8-6e8db1a03295
Clause: Schedule 7.1(f) is a complete and correct listing of all real estate assets of the Borrower, each other Loan Party and each other Subsidiary, as of the date of the financial statements for the fiscal quarter most recently ended prior to the Agreement Date, and sets forth all material adjustments thereto as of t...
Label: Liens
189497a1-1154-41a4-a1f1-ef515988f497
Clause: The rights contained in this Section 1.4 shall be personal to the original Tenant executing this Lease and any Affiliate Assignee (" Original Tenant ") and any Affiliate Assignee, and may only be exercised by the Original Tenant or such Affiliate Assignee (and not any other assignee, sublessee or other transfer...
Label: No Defaults
75228e2c-1c0e-42a4-9b89-6f2c86bc9f51
Clause: The Borrower will maintain, and cause each Subsidiary to maintain, each Plan in substantial compliance with all material applicable requirements of ERISA and of the Code and with all applicable rulings and regulations issued under the provisions of ERISA and of the Code and will not, and will not permit any of ...
Label: Erisa
f0a1358e-3207-46bc-8b8f-176a7f7d7c5c
Clause: EARTHSTONE ENERGY, INC. Borrower EARTHSTONE OPERATING, LLC EO EF NON-OP, LLC EF SABINE RIVER ENERGY, LLC Sabine BASIC PETROLEUM SERVICES, INC. Basic LYNDEN ENERGY CORP. LE LYNDEN USA, INC. LUSA Guarantor Guarantors BOKF, NA dba BANK OF TEXAS Agent . Party Parties. Task: Classify this clause into ONE of these t...
Label: Amendments
9facc184-941b-40a4-9ec5-3cf5adfb548f
Clause: Each Grantor hereby waives, to the extent permitted by applicable Laws, all rights of redemption, appraisement, valuation, stay, extension or moratorium now or hereafter in force under any applicable Laws in order to prevent or delay the enforcement of this Agreement or the absolute sale of the Collateral or an...
Label: Waivers
b9a39902-094b-41fd-a63f-146be13befe7
Clause: Each of the representations and warranties of each Investor in this Agreement and the other Transaction Documents that are qualified by materiality or by reference to any Material Adverse Effect shall be true and correct in all respects, and all other representations and warranties shall be true and correct in ...
Label: Warranties
76980471-620a-4408-af9e-083ca945ca3f
Clause: This Agreement constitutes the entire agreement and supersedes all prior agreements and understandings, both written and oral, among the parties with respect to the subject matter hereof.  This Agreement shall be binding upon and inure solely to the benefit of each party hereto and their respective successors a...
Label: Entire Agreements
b1073e3f-1c88-4b77-9cec-f2f62d1da70c
Clause: This Agreement, together with the Employment Agreement and the Confidential Information Agreement, contains the entire agreement between Employee and the Company relating to the subject matter hereof, and all prior agreements, negotiations and representations in regard to the subject matter are replaced by this...
Label: Entire Agreements
f82d341f-c995-44df-b996-582a1e95c89a
Clause: Section 10.15 of the Credit Agreement is incorporated herein, mutatis mutandis, as if a part hereof. 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, Autho...
Label: Waiver Of Jury Trials
ce52510c-943b-4ff6-b692-3f3a9b450468
Clause: The location where Seller keeps its books and records, other than those relating to Serviced Loans or the servicing of other Mortgage Loans, is its chief executive office. The location where Seller keeps its books, computer tapes and records relating to the Serviced Loans and the servicing of other Mortgage Loa...
Label: Records
4922038d-0bde-46ab-983f-1e65a4fa26a6
Clause: Schedule 3.20 sets forth a description of all insurance maintained by or on behalf of the Loan Parties and their Subsidiaries as of the Effective Date. As of the Effective Date, all premiums in respect of such insurance have been paid. The Loan Parties believe that the insurance maintained by or on behalf of th...
Label: Insurances
627bf4fd-2ea9-4d62-9abf-33b8ad242f71
Clause: Subject to Section 3(c), all unvested RSUs shall be immediately forfeited upon the Participant’s Termination for any reason. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbitration, Assignments, A...
Label: Forfeitures
b5ef5ead-57e4-4fdf-b76c-e826e0849847
Clause: The Section headings herein are included herein for convenience of reference only and shall not constitute a part hereof for any other purpose, modify or amend the terms or conditions hereof, be used in connection with the interpretation of any term or condition hereof or be given any substantive effect. Task:...
Label: Headings
66631b23-1d12-4892-a14e-e3180dab6e98
Clause: As compensation for Executive’s performance of Executive’s duties hereunder, Company shall pay to Executive an initial Base Salary of $750,000 per year, payable in accordance with the normal payroll practices of the Company, less required deductions for state and federal withholding tax, social security and all...
Label: Base Salary
9e6d78c3-9563-4e1b-bf45-21ae73860a99
Clause: Executive agrees to make himself/herself reasonably available to the Corporation to respond to requests by the Corporation for information concerning litigation, regulatory inquiry or Investigation, involving facts or events relating to the Corporation that may be within his/her knowledge. Executive will cooper...
Label: Cooperation
fce9cf7a-659d-4e7c-abb0-6742fcdeced2
Clause: EACH PARTY HERETO HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS GUARANTY, ANY OTHER LOAN DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY (WHETHER BASED ON CO...
Label: Waiver Of Jury Trials
c3f16b1a-b7d8-4b32-92a1-6a401e168b77
Clause: The closing for the Qualifying Capital transaction relating to the Qualifying Investment under Section 2.2, shall be held in accordance with the Transaction Terms and at the time and place stated in the Offering Notice or at such other time and place as the parties to the transaction may agree. At or prior to s...
Label: Closings
160f475a-cf81-4f9f-aa0a-ffe8b5643d0c
Clause: Use the proceeds of the Term Loans in accordance with the Budget (subject to Permitted Budget Variances) or for Specified Disbursements. Without limiting the foregoing, the proceeds of the Term Loans shall be used solely (i) to pay fees and expenses related to this Agreement, the other Loan Documents and the tr...
Label: Use Of Proceeds
cae63931-4255-4d36-b0a1-119a364ae20b
Clause: The capitalization of the Company is as described in its most recently filed SEC Report on Form 10-Q, except for issuances pursuant to this Agreement, stock option exercises, issuances pursuant to equity incentive plans, conversions of convertible promissory notes or exercises of warrants. The Company has not i...
Label: Capitalization
649c83de-d78c-4508-854c-76a8612bc749
Clause: From the date of this Agreement until the Closing or earlier termination of this Agreement, whichever occurs first, Sellers shall not create any Title Exceptions or Survey Defects which adversely affect any portion of the Condominium Property. Task: Classify this clause into ONE of these types (exactly one lab...
Label: Titles
f55955b0-74b8-4c13-9abe-29d5689fb7b3
Clause: The Transferor is not in default with respect to any order or decree of any court or any order, regulation or demand of any federal, state, municipal or governmental agency, which default might have consequences that would materially and adversely affect the condition (financial or otherwise) or operations of i...
Label: No Defaults
974e901d-e424-4638-8f8d-2f5aa1f33748
Clause: The Seller is a Delaware Corporation, duly formed, validly existing and in good standing under the laws of the state of Delaware. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbitration, Assignmen...
Label: Existence
8078748f-3424-41f8-af8d-f89d53098713
Clause: If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such de...
Label: Severability
0edef8e1-0ebd-4578-9787-4deb553273cc
Clause: Pay and discharge promptly when due all material Taxes imposed upon it or upon its income or profits or in respect of its property, before the same shall become delinquent or in default, as well as all lawful claims which, if unpaid, might give rise to a Lien (other than a Permitted Lien) upon such properties o...
Label: Taxes
63f461bc-a290-4ac5-8e13-8954c2e8e29d
Clause: This Agreement shall be effective as of the Effective Date and ends upon the last to expire of those patents and patent applications that ParkerVision or its Affiliates owns or controls as of the Effective Date (“ Term ”). Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agr...
Label: Terms
94d98792-7454-4233-96fd-f5abf983a42c
Clause: References in this Agreement to “this Agreement” and the words “herein,” “hereof,” “hereunder” and similar terms include all Exhibits and Schedules appended hereto, including the Plan. All references to “Sections” in this Agreement shall be to Sections of this Agreement unless explicitly stated otherwise. The w...
Label: Construction
7c0227a3-7674-4bed-8525-5579556e57ca
Clause: The properties of Parent Guarantor, the Borrower and the Restricted Subsidiaries are insured pursuant to self-insurance arrangements or with insurance companies that the Borrower believes (in the good faith judgment of the management of the Borrower, as applicable) are financially sound and responsible, in at l...
Label: Insurances
788a3e35-aca2-4e7d-9a9e-13183f03dba1
Clause: The terms and provisions contained herein are and shall remain confidential and shall not be disclosed by you or your representatives except as mutually agreed or required by law or court order. This provision shall survive the terms of this letter agreement. Task: Classify this clause into ONE of these types ...
Label: Confidentiality
629bb575-f84b-44f9-a5de-89620b938487
Clause: No Default or Event of Default has occurred and is continuing or would result from the consummation of the transactions contemplated by this Agreement or any other Loan Document. No Loan Party or any subsidiary is in default in the performance, observance or fulfillment of any of the obligations, covenants or c...
Label: No Defaults
597ccdaa-29de-488b-a426-c2293388fca0
Clause: This Agreement may be executed by facsimile signature, which, when so executed and delivered, shall be deemed to be an original. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbitration, Assignment...
Label: Miscellaneous
28f36375-1428-410c-be85-fa7048cdaca2
Clause: The indemnification obligations of the Company and the Shareholders selling Registrable Securities under this Section 5.07 shall survive until the first anniversary of the expiration of all applicable statutes of limitation or extensions of such statutes.  The indemnification provided for under this Agreement s...
Label: Survival
d52929f7-5cdd-4580-b84f-f61e82d5c780
Clause: The Plan will be governed by the substantive laws (excluding the conflict of laws rules) of the State of North Carolina. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbitration, Assignments, Assig...
Label: Applicable Laws
a7f1570c-bcd8-47b8-af30-400ed5795819
Clause: As of the Closing Date, immediately after the consummation of the Transactions to occur on the Closing Date: (a) the sum of the debt (including contingent liabilities) of the Parent Borrower and its Subsidiaries on a consolidated basis does not exceed the fair value of the assets of the Parent Borrower and its ...
Label: Solvency
ac828354-14c6-4140-9522-193b4cbd1fbc
Clause: Each Credit Party and each Subsidiary thereof (a) has all Governmental Approvals required by any Applicable Law for it to conduct its business as currently being conducted, each of which is in full force and effect, is final and not subject to review on appeal and is not the subject of any pending or, to its kn...
Label: Compliance With Laws
bf6e19fc-dd06-4482-8f3e-6ed46ad1c090
Clause: Unless otherwise expressly provided herein, all notices, requests, claims, demands or other communications under this Agreement shall be delivered in accordance with the requirements for the provision of notice set forth in Section 10.5 of the Separation and Distribution Agreement. Task: Classify this clause i...
Label: Notices
5dce6802-8ede-454b-9192-f04e6fa7f5f0
Clause: The agreements in this Section 10.04 shall survive the resignation of the Administrative Agent, any other Agent and/or any L/C Issuer, the replacement of any Lender, the termination of the Commitments of all of the Lenders and the repayment, satisfaction or discharge of all the other Obligations. Task: Classif...
Label: Survival
3cf3f9b8-36a1-4eb6-990e-e7de318161e2
Clause: Subject to the provisions of Article V hereto, Assignor shall execute and deliver all such instruments or cause such instruments to be executed and delivered, and take such further actions or cause such actions to be taken, as NewCo reasonably may request, in order to give full effect to this Agreement and the ...
Label: Further Assurances
75da4d20-e15c-4997-ac03-5948ba855114
Clause: All questions concerning the construction, validity and interpretation of this Agreement will be governed by and construed in accordance with the provisions of the internal laws of the State of Delaware, without giving effect to any choice of law or conflict of law provision or doctrine that would result in the...
Label: Governing Laws
3ea79ac5-1f5d-49f4-a7bb-351c7fa54b7d
Clause: The Grantor is as of the date hereof, and after the consummation of the Transactions, will be “solvent” within the meaning of such term under the United States Bankruptcy Code. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, App...
Label: Solvency
bef09612-a146-4aeb-a6ed-0f0aa0b669d1
Clause: The execution, delivery and performance by each Loan Party of each Loan Document to which such Person is party, have been duly authorized by all necessary corporate or other organizational action, and do not and will not (a) contravene the terms of any of such Person’s Organization Documents; (b) except as coul...
Label: Authorizations
88628a4b-c0e4-47e1-81d9-178fec2decf6
Clause: Holder hereby (a) agrees that the Share [Options], and any other shares of capital share or securities required by the Agreement to be bound thereby, shall be bound by and subject to the terms of the Agreement and (b) adopts the Agreement with the same force and effect as if Holder were originally a party there...
Label: Agreements
69d41960-d50e-4dd8-8368-a244f59fb885
Clause: Subject to Section 6, the Company shall employ the Executive and the Executive shall continue in the employ of the Company as an employee at will pursuant to the terms of this Agreement, as may be amended (the “Term”). Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreeme...
Label: Employment
aa83f1c8-22fe-4b5d-abd3-6e5065c38e26
Clause: The Company will use its reasonable best efforts to comply with all federal and state laws or other applicable laws and regulations and all rules for domestic stock exchanges on which its Ordinary Shares may be listed, which apply to the issuance of the Ordinary Shares subject to the Option, and to obtain such ...
Label: Compliance With Laws
84847c23-5cb0-42c0-bedb-ee25980e738f
Clause: The Borrower shall use the proceeds of the Loans solely as follows: (a) to pay costs and expenses required to be paid pursuant to Section 2.1(j) , (b) for working capital, letters of credit, capital expenditures and other general corporate purposes not in contravention of any Requirement of Law and not in viola...
Label: Use Of Proceeds
173abf0a-7014-462d-9882-3d6eebb4e631
Clause: Executive agrees that, as a condition to receiving the severance payments and benefits set forth in Section 2.1 or Section 2.6 , as applicable, Executive will execute a release of claims substantially in the form of the release attached hereto as Exhibit A .  Within two business days of Executive’s date of term...
Label: Releases
3304a4e8-3f53-4ce9-ac18-9b754e872711
Clause: No consent, approval, authorization or order of any court or Governmental Authority is required for the execution, delivery and performance by Borrower of, or compliance by Borrower with, the Loan Documents or the consummation of the transactions contemplated hereby, other than those which have been obtained by...
Label: Consents
2f5872d6-d6df-40f5-9626-63bee6bb0a3b
Clause: The Parties agree that this Agreement shall be considered to have been made in, and construed and interpreted in accordance with the substantive laws of the State of California, without regard to its conflict of laws principles. Task: Classify this clause into ONE of these types (exactly one label): Adjustment...
Label: Governing Laws
09379b39-2014-45e1-b075-b8d7bd47d3c2
Clause: The execution, delivery and performance by such Investor of the Transaction Documents to which such Investor is a party have been duly authorized and each constitutes, or upon execution and delivery thereof by such Investor will constitute, the valid and legally binding obligation of such Investor, enforceable ...
Label: Authorizations
3e1bfe0e-959e-4261-863b-095fc7c59d14
Clause: Buyer shall pay, when due, any claims, liabilities, debts, injuries, liens or other encumbrances, and any consultant or other expense contracted for or incurred by Buyer incurred or arising before the Close of Escrow that relate in any manner to any of Buyer’s activities relating to the Property prior to the Cl...
Label: Liens
cb7ab8b4-df0d-46cd-9f41-ab33ffc35e5d
Clause: The Award Notice and the Plan are incorporated herein by reference.  Capitalized terms not defined herein shall have the meanings specified in the Plan.  This Agreement, the Award Notice and the Plan constitute the entire agreement of the parties with respect to the subject matter hereof and supersede in their ...
Label: Entire Agreements
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Clause: Interest shall accrue on each Loan for each day during a related Interest Period at a per annum rate equal to the product of (x) the outstanding principal balance of such Loan on such day, multiplied by (y) the sum of (i) the applicable LIBOR Rate for such day and (ii) the Applicable Margin. Interest shall be p...
Label: Interests
a2ba7958-de8e-479a-b575-4639be3528e5
Clause: Borrower shall pay to Bank a commitment fee equal to Two Hundred Fifty Thousand Dollars ($250,000.00) which fee shall be due on the date hereof and shall be deemed fully earned as of the date hereof.  Borrower shall also reimburse Bank for all legal fees and expenses incurred in connection with this amendment t...
Label: Fees
cab341f1-fa3b-4858-a308-c00913b126d5
Clause: This Agreement shall inure to the exclusive benefit of, and be binding upon, the parties hereto and their respective successors and permitted assigns. Nothing expressed or mentioned herein is intended or shall be construed to give any person other than the parties hereto and their permitted assigns any legal or...
Label: Binding Effects
891e9567-cd47-476e-a8c9-15f299440b1e
Clause: All capitalized terms used in this Second Amendment, unless otherwise defined herein, shall have the meanings given to them in the Agreement, and each reference in the Agreement to “this Agreement”, “hereof”, “herein”, “hereunder” or “hereby” and each other similar reference shall be deemed to refer to the Agre...
Label: Interpretations
74ab9cd2-7c10-4217-9380-dbc991d6e246
Clause: This Agreement may be executed by the parties to this Agreement on any number of separate counterparts (including by telecopy), and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Task: Classify this clause into ONE of these types (exactly one label): Adjustme...
Label: Counterparts
a5909b32-c50d-47d6-830c-422dc8fd975b
Clause: The Loan Documents have been duly executed by Borrower and delivered to Agent and constitute legal, valid and binding obligations of Borrower, enforceable in accordance with their terms, except as enforceability may be limited by any bankruptcy, insolvency, reorganization, moratorium or other laws or equitable ...
Label: Enforceability
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Clause: THE GRANTOR AND, BY ACCEPTANCE OF THE BENEFITS HEREOF, EACH OF THE ADMINISTRATIVE AGENT, THE COLLATERAL AGENT AND EACH OTHER SECURED PARTY, HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT  OR THE TRANSACTIONS CON...
Label: Waiver Of Jury Trials
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Clause: Unless otherwise provided, any notice and other communications required or permitted by this Agreement will be in writing and will be deemed sufficient upon delivery, when delivered personally or by overnight courier or sent by telegram or fax, or 48 hours after being deposited in the U.S. mail, as certified or...
Label: Notices
09fee601-b983-4ffc-9ebb-c3528f1aaa11
Clause: The Control Agent shall have received duly executed copies of (i) this Amendment from the Borrower, each Guarantor and other Credit Party, the Control Agent and the other Lenders, (ii) the Consent and Affirmation by WCAS attached hereto, and (iii) a fully executed Amendment No. 1 to the Subordination Agreement ...
Label: Consents
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Clause: Interest and fees hereunder shall be computed on the basis of a year of 365/366 days and for the actual number of days elapsed. If any payment to be made hereunder becomes due and payable on a day other than a Business Day, the due date thereof shall be extended to the next succeeding Business Day and interest ...
Label: Fees
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Clause: In case one or more provisions of this Security Agreement or the other Credit Documents shall be invalid, illegal or unenforceable in any respect under any applicable law, the validity, legality, and enforceability of the remaining provisions contained herein or therein shall not be affected or impaired thereby...
Label: Severability
31ce4111-b2a3-4e8b-83c0-d72e5030d5ff
Clause: Other than as set forth on Schedule 5.06 , there are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings or any of its Subsidiaries or against any of their prope...
Label: Litigations
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Clause: (a) All computations of interest for Base Rate Loans or Canadian Prime Rate Loans (including Base Rate Loans determined by reference to the Eurodollar Rate and Canadian Prime Rate Loans determined by reference to the Canadian Prime Rate) shall be made on the basis of a year of 365 or 366 days, as the case may b...
Label: Fees
fdd01643-b52d-45f0-95bc-4283fc22496f
Clause: Each person signing this Amendment warrants and represents that he or she has the requisite authority and ability to enter into this Amendment and to bind the party on behalf of which such person is signing. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendm...
Label: Authority
c81979ad-b2eb-4d60-9aff-583ddd648a6b
Clause: This Agreement shall commence upon the date of this Agreement and shall continue until terminated pursuant to Article VI below. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbitration, Assignments...
Label: Terms
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Clause: The Transaction Documents and the Magellan Guaranty are intended by the parties as a final expression of their agreement and intended to be a complete and exclusive statement of the agreement and understanding of the parties hereto and thereto in respect of the subject matter contained herein and therein. There...
Label: Entire Agreements
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Clause: This Amendment may be executed in any number of counterparts, each of which shall be deemed an original as against any party whose signature appears thereon, and all of which shall together constitute one and the same instrument. Delivery of an executed counterpart of a signature page of this Amendment by telec...
Label: Counterparts
8cb094b6-699d-412b-af2b-685bd2710543
Clause: This Transition Services Agreement and all disputes or controversies arising out of or relating to this Transition Services Agreement or the transactions contemplated hereby shall be governed by, and construed in accordance with, the internal Laws of the State of New York, without regard to the Laws of any othe...
Label: Governing Laws
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Clause: Any notice, request, instruction or other document to be given hereunder by any party to the other shall be in writing and shall be deemed to have been duly given ( a ) if sent by registered or certified mail in the United States return receipt requested, upon receipt, ( b ) if sent by nationally recognized ove...
Label: Notices
99e79dd7-7a87-403d-b3ca-2d1b4149978c
Clause: This Agreement shall, in all respects, be governed, construed, applied, and enforced in accordance with the law of the State of Texas. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbitration, Assi...
Label: Governing Laws
1a48e7d4-e325-49f9-981b-ca7a9850f770
Clause: Neither the Borrower nor any ERISA Affiliate maintains or contributes to any Plan or Multiemployer Plan other than those listed on Schedule 7.1-Q hereto. Each such Plan which is intended to be qualified under Section 401(a) of the Internal Revenue Code as currently in effect has been determined by the IRS to be...
Label: Erisa
6a0e8f84-1cfe-45da-afa9-6a5e9cd194e3
Clause: If Executive’s employment is terminated by reason of Executive’s Disability, then this Agreement shall terminate without further obligations by the Company to Executive under this Agreement except for obligations which expressly continue after termination of employment due to Disability, and upon valid executio...
Label: Disability
a8dc4b10-3a1d-4a79-854f-9346457bd2ac
Clause: Subject to the terms of the Plan, the Committee may modify this Agreement upon written notice to the Grantee. Any amendment to the Plan shall be deemed to be an amendment to this Agreement to the extent that the amendment is applicable hereto. Notwithstanding the foregoing, and except as provided pursuant to Se...
Label: Amendments
a0673a4b-a33b-48c7-8f72-ee0df1659003
Clause: If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the other provisions of this Agreement shall remain in full force and effect. The Parties further agree to use their best efforts to agree upon and replace such invalid, void or unenforceable pr...
Label: Severability
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Clause: Each of the consolidating (if requested) and consolidated audited and unaudited (as applicable) balance sheet and the related statements of income, stockholder’s equity and cash flow of Foresight Reserves and its Subsidiaries and the unaudited balance sheet and the related statements of income, stockholder’s eq...
Label: Financial Statements
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Clause: Borrower shall and shall cause each other Loan Party to take all necessary action to establish and maintain, in favor of Lender a valid and perfected first priority security interest in all Collateral to the full extent contemplated herein, free and clear of any Liens other than Permitted Liens (including the f...
Label: Further Assurances
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Clause: Borrowers may request, convert or continue Loans, select interest rates, and transfer funds based on telephonic or e-mailed instructions to Lender. Borrowers shall confirm each such request by prompt delivery to Lender of a Notice of Borrowing or Notice of Conversion/Continuation, if applicable, but if it diffe...
Label: Notices
be8eb672-84b8-4552-a274-90c2e57afcc4
Clause: Except as set forth in Exhibit M , to Seller’s knowledge, there is no pending action, litigation or other proceeding not covered by insurance filed against Seller with respect to the Property which has been served on Seller. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, A...
Label: Litigations
ad9ae5f0-ce44-421c-bfa1-ee5635d4f977
Clause: Receipt by the Administrative Agent, MLPF&S and the Lenders of any fees required to be paid on or before the Closing Date. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbitration, Assignments, Ass...
Label: Fees