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04b42a59-bf56-42b2-8e99-62994d5414a8
Clause: There is no action, suit, inquiry, notice of violation, proceeding or investigation pending or, to the knowledge of the Company, threatened against or affecting the Company, any Subsidiary or any of their respective properties before or by any court, arbitrator, governmental or administrative agency or regulato...
Label: Litigations
0dc6df97-9b86-488b-b33e-b5fcbbdecec3
Clause: All shares of non-vested Restricted Stock shall be automatically forfeited to the Company if the Board of Directors of the Company determines that the Participant has breached a material obligation to the Company, including without limitation, material provisions in any employment or confidentiality agreement. ...
Label: Forfeitures
da955987-ca60-428a-b93f-4c6bb44eb743
Clause: Executive understands that this Joinder Agreement must be executed and provided to the Administrator in order for Executive to continue his participation in the Plan and that by executing this Joinder Agreement Executive acknowledges and agrees to the amendment and restatement of the Plan as provided therein. ...
Label: Participations
5fd1cf6f-a8b7-4911-b38a-8c28f4cff0c8
Clause: The initial term of this Agreement shall commence on May 1, 2015 and continue through December 31, 2018, subject to termination or extension as provided herein. This Agreement shall automatically renew from year to year thereafter, unless either party gives at least 120 days prior written notice of its election...
Label: Terms
ab8c60d4-00a5-41c0-892e-4c05f45dd5da
Clause: If the Aggregate Revolving Commitments are increased in accordance with this Section 2.13 , the Administrative Agent and the Borrower shall determine the effective date (the “ Increase Effective Date ”) of such increase and the Borrower, in consultation with the Administrative Agent, shall determine the final a...
Label: Effective Dates
22595082-fba4-4238-be34-e0f3f6123fc9
Clause: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and cancels and supersedes any prior understandings and agreements between the parties hereto with respect thereto, whether verbal or in writing. The foregoing includes any prior understandings and agre...
Label: Entire Agreements
0ff18bd5-a5fa-4579-81aa-e01b4ab03369
Clause: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LENDER AND CREDIT PARTIES, AFTER CONSULTING OR HAVING HAD THE OPPORTUNITY TO CONSULT WITH COUNSEL, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE, IRREVOCABLY, THE RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY LEGAL PROCEEDING BASED HEREON, OR ARISING OUT OF, UNDE...
Label: Waiver Of Jury Trials
21d37e22-1e2d-4ec3-aaec-9f44c2daa943
Clause: LICENSOR represents and warrants to LICENSEE as follows: (i) LICENSOR is a corporation duly organized and in good standing under the laws of the State of Nevada; (ii) the execution, delivery and performance of this Agreement by LICENSOR has been duly authorized by all necessary action on the part of LICENSOR’s ...
Label: Representations
118b63e7-89d9-4d50-8877-a1a893504eae
Clause: Purchaser hereby agrees to indemnify, defend, and hold harmless Seller and its respective partners, members, affiliates, property managers, and their respective officers, directors, agents, employees and representatives (collectively, the “ Indemnified Parties ”) from and against any and all liens, claims, or d...
Label: Indemnity
63419c77-d975-48b5-baa2-ce2b0e816e82
Clause: Each Credit Party will comply with all applicable laws, ordinances, rules, regulations, and requirements of Governmental Authorities except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect. Task: Classify this clause into ONE ...
Label: Compliance With Laws
0d791659-63d9-46b0-8c47-66af249d7c49
Clause: This issuance of RSUs (and the Shares underlying the RSUs) pursuant to this Agreement shall be subject to, and shall comply with, any applicable requirements of any foreign and U.S. federal and state securities laws, rules and regulations (including, without limitation, the provisions of the Securities Act of 1...
Label: Compliance With Laws
3e3833dc-889b-4ff3-b39b-9c0301b9aa1b
Clause: Except to the extent set forth in Section 5.08, the parties will each pay their own transaction expenses, including the fees and expenses of their advisors incurred in connection with the proposed transaction. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amen...
Label: Expenses
39313474-269f-4f3f-83fb-52fd940b250f
Clause: Unless otherwise defined in this Amendment, capitalized terms used in this Amendment, which are defined in the Credit Agreement, as amended hereby (the “ Amended Credit Agreement ”), shall have the meanings assigned to such terms in the Credit Agreement. The interpretive provisions set forth in Section 1.02 of ...
Label: Definitions
3924c7d3-2d90-4bc7-a928-ff0bab50b974
Clause: Seller has provided Buyer with all the information regarding the Seller reasonably available to her without undue expense that such Buyer has requested for deciding whether to enter into the Asset Purchase. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendme...
Label: Disclosures
dbab61c8-c5d7-4f0b-bce6-39a5b01ac633
Clause: Tenant, following the delivery of the Building D Expansion Space by Landlord and the full and final execution and delivery of the Amendment to which this Exhibit C is attached and all prepaid rental and insurance certificates required under the Lease, as amended hereby, shall have the right to perform alteratio...
Label: General
58f94b69-08cb-4458-b573-ef9b56e88ad1
Clause: This Guarantee Agreement (a) shall automatically terminate when (i) the Commitments have expired or been terminated and (ii) the Obligations (other than contingent indemnity obligations that are not due and payable, obligations and liabilities in respect of any Bank Products or Designated Credit Lines and Lette...
Label: Terminations
993094d1-44a4-4909-9ce3-a8c6c5ee2647
Clause: This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.  This Agreement may also be executed and delivered by facsimile signature and in two or more counterparts, each of which shall be deemed ...
Label: Counterparts
dde2ee5b-3bf1-43ce-864e-ffd792fe3ef2
Clause: Set forth on Schedule 6.13 is a complete and accurate list as of the Closing Date of each Subsidiary of any Loan Party, together with (i) jurisdiction of formation, (ii) number of shares of each class of Equity Interests outstanding, (iii) number and percentage of outstanding shares of each class owned (directl...
Label: Subsidiaries
a14633f0-0dc7-4ad7-ae79-91547ab4efd4
Clause: Each employee and director of, and service provider (with respect to which issuances of securities may be registered under Form S-8) to, the Company and each Subsidiary who is granted, and currently holds, an Award in accordance with the provisions of the Plan shall be a “ Participant ” in the Plan. Award recip...
Label: Participations
d1d81f38-414f-4cfc-8e15-f0604037d97d
Clause: The Underlying Repurchase Counterparty’s audited annual financial statements or the notes thereto or other opinions or conclusions stated therein are not qualified or limited by reference to the status of such Underlying Repurchase Counterparty as a “going concern” or a reference of similar import. Task: Class...
Label: Financial Statements
ff25cba8-83a0-4eae-bb08-479642e5bc06
Clause: The Borrower shall use the proceeds of each Loan and Letter of Credit hereunder solely for the purposes provided in Section 6.10 . Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbitration, Assignme...
Label: Use Of Proceeds
47e1e695-fc73-4080-9f7e-f6a2607ce4f7
Clause: The respective obligations of, and benefits afforded to, the Company and the Covered Employee which by their express terms or clear intent survive termination of the Covered Employee’s employment with the Company or termination of this Agreement, as the case may be, will survive termination of the Covered Emplo...
Label: Survival
74bcffd8-5ff0-414c-b9dc-bfa48e7e6a25
Clause: The Plan shall be effective as of July 13, 2010. 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, B...
Label: Effective Dates
f405ca34-52b2-4e5b-a56a-447ad26437a8
Clause: The Borrower will use the proceeds of the Loans only as provided in Section 5.07 . 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 Sa...
Label: Use Of Proceeds
d426cccc-c184-46c2-9489-17fe8db771aa
Clause: The Option is vested and exercisable with respect to 1,242,431 underlying Shares as of the Grant Date. Subject to the Optionee’s continuing employment in good standing with the Company or any Subsidiary or Affiliate, the Option shall vest and become exercisable with respect to 1/22 nd of the remaining underlyin...
Label: Vesting
69b74b36-201c-4d6e-aeec-c13d4ceeea93
Clause: Except to the extent specified otherwise in this Agreement, each Party will pay its own costs, professional fees and other expenses (including all legal, accounting, broker, lender or investment banking) incurred by it in connection with the transactions contemplated by this Agreement; provided that if any Part...
Label: Expenses
8db916e7-3c53-4e05-9bf3-736d6b0d7afe
Clause: This Agreement is binding on and will inure to the benefit of our successors and assigns. Except as otherwise provided in this Agreement, this Agreement will also be binding on your successors and assigns, and your heirs, executors and administrators. Task: Classify this clause into ONE of these types (exactly...
Label: Binding Effects
a50fd03e-9b2b-4865-8c96-6397587c9283
Clause: Each party hereto shall bear and pay all of the respective fees, expenses and disbursements of their agents, representatives, accountants and counsel incurred in connection with and relating to this Agreement. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amen...
Label: Expenses
5ec1a19e-f5e5-487e-a137-a4a4abe216cc
Clause: All notices, requests and other communications hereunder shall be in writing (including facsimile transmission or similar writing) and shall be given (a) to each Guarantor at its address set forth below its signature hereto, (b) to the Administrative Agent or any other Guarantied Party at its respective address...
Label: Notices
f5eba11b-7418-49e8-b732-aad841d5be2b
Clause: All notices to the ABL Secured Parties or the Term Loan Secured Parties permitted or required under this Agreement shall also be sent to the ABL Collateral Agent and Term Loan Collateral Agent, respectively. Unless otherwise specifically provided herein, any notice hereunder shall be in writing and may be perso...
Label: Notices
39e62032-7f22-47a5-a6d9-1da42627ad3b
Clause: Purchaser represents and warrants to Seller as follows as of the Effective Date, which representations and warranties shall be effective as of the Effective Date and, subject to Section 8.2, on the Closing Date. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Am...
Label: Warranties
ef7f55f4-0955-4b49-a714-e188e339aafa
Clause: The parties hereto agree that irreparable damage would occur in the event that the provisions contained in this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled (without bond) to seek an injunction or inj...
Label: Specific Performance
5dc43ca2-8d6e-4dd8-b203-da55ae471014
Clause: THIS ASSUMPTION AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH THE LAW OF THE STATE OF NEW YORK. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbitration, Assignme...
Label: Governing Laws
2a0af647-3e3e-4e43-a186-4b686e0c8177
Clause: The Closing shall take place on 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, Assigns, Authority, Authorizations, Base Salary, Benefits, Binding Effects, ...
Label: Closings
b4b0d9b1-0e73-4f29-b7ca-a5a884f11374
Clause: As consideration for the commitments of the Initial Lenders hereunder and the Lead Arrangers’ agreements to perform the services described herein, you agree to pay the fees set forth in the fee letter dated as of the date hereof by and among us and you (the “ Fee Letter ”). Once paid, such fees shall not be ref...
Label: Fees
bc8a736c-3dc0-4040-b581-d1f280141512
Clause: If the Asset Representations Reviewer resigns or is removed, the Asset Representations Reviewer will cooperate with the Issuer and take all actions reasonably requested to assist the Issuer in making an orderly transition of the Asset Representations Reviewer’s rights and obligations under this Agreement to the...
Label: Expenses
acb126df-badf-4420-be0f-8bd437056a61
Clause: Any notice, request, demand, and other communication required or permitted to be given or made hereunder (each a “ Notice ”) shall be in writing and shall be deemed to have been duly given or made if (a) delivered personally, (b) sent by first class registered or certified mail, postage prepaid, return receipt ...
Label: Notices
7efacd9e-9717-4997-8ff5-0c8c4767f4f8
Clause: The effective date of this Amendment shall be March 1, 2016. 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, Bindin...
Label: Effective Dates
7e0cf3be-7a94-4fae-93f3-569a0fff216d
Clause: Date . Section I .I (i) of the Original Agreement, as previously amended, is amended to provide that the Outside Closing Date for the Phase I Property shall be November 20, 2015. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, A...
Label: Closings
49364ee5-3f23-4fb5-a2c7-78dfd438d7ef
Clause: Employee will be entitled to participate in each employee benefit plan and program of the Company to the extent that Employee meets the eligibility requirements for such employee benefit plan or program. Employee shall pay any contributions which are generally required of employees to receive any such benefits....
Label: Benefits
875c7de1-3f7e-4c0b-a1e8-ee9ef769d239
Clause: No consent, approval or other action of, or filing by Seller with, any Governmental Authority or any other Seller Party is required to authorize, or is otherwise required in connection with, the execution, delivery and performance of any of the Transaction Documents (other than consents, approvals and filings t...
Label: Consents
93cce439-227c-48dc-9719-35a362c77de2
Clause: You (and not the Company) are solely responsible for any income and other tax withholding obligation associated with this Award or its conversion to shares of Company stock. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applic...
Label: Tax Withholdings
08f6181b-16da-4a48-971d-c60a8fbc3e72
Clause: To the extent the representations and warranties in this section relate to facts or events arising prior to the Acquisition Date, each such representation or warranty will be limited to the Knowledge of Caladrius. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, ...
Label: Compliance With Laws
924c117d-6581-4c02-9983-b752169dade9
Clause: During the period of Executive’s employment with the Company, Executive shall not: (i) engage in any activity which conflicts or interferes with or derogates from the performance of Executive’s duties hereunder nor shall Executive engage in any other business activity, whether or not such business activity is p...
Label: No Conflicts
b411f4b3-45e6-40ae-b299-361f72424f73
Clause: Each of the Co-Issuers and the Parent has been duly organized and is a validly existing organization in good standing under the laws of its jurisdiction of organization, is duly qualified to do business and is in good standing as a foreign entity in each jurisdiction in which the conduct of its business require...
Label: Organizations
39853651-9c46-4c1a-b225-fcf46b281fd8
Clause: The execution, delivery, and performance by such Preferred Backstop Investor of this Agreement do not and will not (a) violate any provision of the organizational documents of such Preferred Backstop Investor; (b) conflict with or violate any Law or Order applicable to such Preferred Backstop Investor or any of...
Label: No Conflicts
548558d6-3c14-4bb3-8e2a-149972597772
Clause: No broker, finder, investment bank or similar agent is entitled to any brokerage or finder’s fee in connection with the Transactions based upon agreements or arrangements made by or on behalf of Parent, Merger Sub or any of their respective Affiliates. Task: Classify this clause into ONE of these types (exactl...
Label: Brokers
a30ebc4b-2e64-42e0-80d0-39d01835226e
Clause: The authorized capital stock of the Company consists of 50,000,000 shares, of which (i) 38,750,000 shares are designated as Voting Common Stock, of which 27,331,686 shares were issued and outstanding as of the date hereof (the “ Capitalization Date ”), (ii) 1,250,000 shares are designated as Non-Voting Common S...
Label: Capitalization
8431f0eb-ced3-4d67-8420-dd27a25f971f
Clause: The Executive represents and warrants to the Company that the execution, delivery and performance of this Agreement by the Executive does not conflict with, or result in the breach by the Executive or violation by the Executive of, any other agreement to which the Executive is a party or by which the Executive ...
Label: Representations
729f633e-7e10-4d44-ae8a-b1fa5cc36f4e
Clause: The headings, captions, and arrangements used in this Modification are for convenience only and shall not affect the interpretation of this Modification. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals...
Label: Headings
8f9df0ce-5b70-4bc6-8ac4-329a8f78d58e
Clause: Each Material Acquiror Company Contract is a valid and binding agreement of the Acquiror Company that is party thereto, and is in full force and effect. The Acquiror Company is not in breach or default of any Material Acquiror Company Contract to which it is a party and, to the knowledge of the Acquiror Company...
Label: No Defaults
2d981b6d-f6a0-44e7-a06e-83b543deb66d
Clause: The Company shall reimburse Executive for reasonable travel, entertainment or other expenses incurred by Executive in the furtherance of or in connection with the performance of Executive’s duties hereunder, consistent with how the Company handles expense guidelines and reimbursement for other Executive Vice Pr...
Label: Expenses
1fcb3468-b0a1-4365-859d-856baed4316c
Clause: The execution, delivery and performance by Purchaser of this Agreement are within Purchaser’s powers. This Agreement has been duly executed and delivered by Purchaser and constitutes the valid and binding agreement of Purchaser, enforceable against Purchaser in accordance with its terms, except to the extent th...
Label: Enforceability
d556db87-c73a-4d8d-985c-3c7aadd4bc74
Clause: The Participant and the Company acknowledge that the restrictions imposed by this Section 6 are reasonably necessary to protect the legitimate business interests of the Company, and that the Company would not be willing to offer the Restricted Stock pursuant to this Agreement in the absence of such agreement. T...
Label: Remedies
657971b1-76a6-4b0f-973f-30a338df88d9
Clause: No provision of this IP Security Agreement may be changed, modified, amended, restated, waived, supplemented, discharged, canceled or terminated orally or by any course of dealing or in any other manner other than by a written agreement signed by the Secured Party and Grantor. Each Party acknowledges that it ha...
Label: Amendments
31f5527a-63b7-43d2-912f-7e5235d08faa
Clause: No failure or delay on the part of any Agent or any Finance Party to exercise, no course of dealing with respect to, and no delay in exercising any right, power or privilege under this Agreement or any other Finance Document or other document or agreement contemplated hereby or thereby shall operate as a waiver...
Label: No Waivers
5e2e2cfe-cf21-4e13-84a6-c1fce25e96a7
Clause: The ABL Agent, on behalf of itself and each ABL Lender, and the Term Loan/Cash Flow Revolver Agent, on behalf of itself and each Term Loan/Cash Flow Revolver Lender, agrees that each of them shall take such further action and shall execute and deliver to the ABL Agent, the ABL Lenders, the Term Loan/Cash Flow R...
Label: Further Assurances
538dfb41-7218-4b96-8b30-ccf413e9a9cd
Clause: Except as would not reasonably be expected to have a Material Adverse Effect, the Company is in compliance with all applicable federal, state, municipal, and local laws, statutes, ordinances and regulations (“ Applicable Laws ”). Task: Classify this clause into ONE of these types (exactly one label): Adjustmen...
Label: Compliance With Laws
626a068a-8e29-479e-a880-eb597178bf99
Clause: The capitalization of the Company as of the date hereof, including the authorized capital stock, the number of shares issued and outstanding, the number of shares issuable and reserved for issuance pursuant to the Company's stock option plans, the number of shares issuable and reserved for issuance pursuant to ...
Label: Capitalization
9c6a19c3-5a3a-4f27-9f95-331f42115a8f
Clause: During the Term, Executive shall be entitled to paid personal leave in accordance with the Company’s Policies, which currently provide for 20 days of vacation per full calendar year of employment.  Any vacation shall be taken at the reasonable and mutual convenience of the Company and Executive. Task: Classify...
Label: Vacations
3cbdba64-f4bd-4375-80ea-7ef681a56f99
Clause: Executive’s base salary shall be $250,000 per annum (the “ Base Salary ”), to be paid in accordance with the Company’s customary payroll practices. Executive’s Base Salary (as defined below) will be reviewed on an annual basis by the Compensation Committee of the Board (the “ Compensation Committee ”) and may b...
Label: Base Salary
c8c77fa2-8f77-459a-bdb4-488425482969
Clause: The Company and the Subsidiaries are insured against such losses and risks and in such amounts as are adequate and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage at least equal to the aggregate Subscript...
Label: Insurances
2fe65eec-202f-4ce4-8a3a-8893507584c7
Clause: Borrower hereby consents and agrees that Administrative Agent may at any time, and from time to time, without notice to or further consent from Borrower, either with or without consideration, surrender any property or other security of any kind or nature whatsoever held by it or by any person, firm or corporati...
Label: Modifications
27a2ac86-37e8-4245-b47e-b22533ebfa26
Clause: Each ABL Collateral Agent, for itself and on behalf of each other ABL Claimholder represented by it under the applicable ABL Loan Documents, and each Fixed Asset Collateral Agent, for itself and on behalf of each other Fixed Asset Claimholder represented by it under the applicable Fixed Asset Loan Documents, an...
Label: Further Assurances
3de7a12c-aad1-4ed5-9c6b-f1f6ee3fac56
Clause: Interest is payable monthly on the first calendar day of each month and shall be computed on the basis of a 360-day year for the actual number of days elapsed.  In computing interest, (i) all payments received after 12:00 noon Pacific time on any day shall be deemed received at the opening of business on the ne...
Label: Payments
172d8173-57a6-4826-a7d5-82d38958928a
Clause: THIS COPYRIGHT SECURITY AGREEMENT SHALL BE SUBJECT TO THE PROVISIONS REGARDING CHOICE OF LAW AND VENUE; JURY TRIAL WAIVER SET FORTH IN SECTION 25 OF THE GUARANTY AND SECURITY AGREEMENT, AND SUCH PROVISIONS ARE INCORPORATED HEREIN BY THIS REFERENCE, MUTATIS MUTANDIS . Task: Classify this clause into ONE of thes...
Label: Venues
6f8a77ac-2d09-4d04-ad28-267e8093c07c
Clause: This Agreement constitutes the entire understanding and agreement between the Parties with respect to the subject matter covered by this Agreement. Except as set forth herein, nothing in this Agreement is intended to limit the rights of Mr. Morris or the Trustee under the terms of the Split Dollar Agreement (as...
Label: Entire Agreements
110b82b5-ee3e-4911-a844-796012176d23
Clause: (a) The Borrower agrees to pay to each Lender (other than any Defaulting Lender), through the Administrative Agent, on the date that is the last Business Day of March, June, September and December in each year and on the date on which the Revolving Facility Commitments of all the Lenders shall be terminated as ...
Label: Fees
51165d75-1ba1-45f4-9f13-21dc04f87a7f
Clause: Upon the date of payment to Agent of the full amount of all Obligations, this Agreement shall be void and of no further effect except that Section 7(d) shall continue to survive and Agent shall, within five (5) Business Days of Pledgor’s written demand, execute and deliver to Pledgor in recordable form all nece...
Label: Terminations
d9fb2adf-e955-41b6-bc0e-f90886b85438
Clause: THIS FIRST AMENDMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK (INCLUDING SECTIONS 5-1401 AND 5-1402 OF THE NEW YORK GENERAL OBLIGATIONS LAW, BUT EXCLUDING ALL OTHER CHOICE OF LAW AN...
Label: Governing Laws
11b6ddd0-e001-4a01-9000-eea51302de07
Clause: Any payments required pursuant to this Agreement that are not made within the time period specified in this Agreement shall bear interest from the end of that period. Interest required to be paid pursuant to this Agreement shall, unless otherwise specified, be computed at the rate and in the manner provided in ...
Label: Interests
b3a4d611-f8d2-436f-8687-29a82e14c7d5
Clause: As executive Chairman Clineburg will continue to be responsible for mergers and acquisitions and strategic corporate direction.  Clineburg will assist in the transition in corporate leadership of the Company and will be the liaison between the Company Board and other members of executive management. Task: Clas...
Label: Duties
40cbbdba-f72a-4435-9a0d-aa51f9d8446b
Clause: This Agreement shall be governed by, and construed in accordance with, the laws of the State of New Hampshire, excluding its choice of law provisions.  This Agreement shall be binding upon, and enure to the benefit of, the parties hereto and their respective heirs, executors, administrators, successors and assi...
Label: Governing Laws
ecaf69b9-3e30-49ab-b6ab-607b8e1c1e08
Clause: All Covered Persons shall be entitled to indemnification from the Company for any Damages incurred by such Person by reason of any act or omission performed or omitted by such Person provided that: (i) any such action was undertaken in good faith on behalf of the Company and in a manner reasonably believed to b...
Label: Indemnifications
5b854a88-8f8e-4b44-b763-c29f621da28f
Clause: Borrower hereby acknowledges, ratifies, reaffirms and renews the liens and security interests created by and granted in the Loan Documents in all of the assets of Borrower and Guarantors now or hereafter owned (collectively, together with any and all substitutes, replacements and proceeds thereof, the “ Collate...
Label: Liens
953d4700-8d37-4c11-8d43-0f67e4bb97e6
Clause: Each Guarantor, jointly with the other Guarantors and severally, agrees to indemnify and hold harmless the Indemnitees to the same extent that the Borrower is required to do so pursuant to Section 10.05 of the Credit Agreement and shall be bound by the terms and conditions of Section 10.05 of the Credit Agreeme...
Label: Indemnifications
68545612-643e-436b-9bd6-c12a75fd4f2d
Clause: Executive agrees that following any termination of his employment with the Company, he will not disparage, orally or in writing, the Company or its affiliates, the management of the Company or its affiliates, any product or service provided by the Company or its affiliates or the future prospects of the Company...
Label: Non-Disparagement
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Clause: Executive will be entitled to participate in all of the employee benefits and benefit plans that the Company generally makes available to its full-time employees and executives and for which Executive is eligible in accordance with the Companies policies as in effect from time to time. These benefits are subjec...
Label: Benefits
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Clause: Upon the occurrence of an Adeptus Put Event, THR (or THR’s legal representative) shall give written notice of the Adeptus Put Event (the “ Adeptus Put Notice ”) to Adeptus within ten (10) days after the occurrence of such Adeptus Put Event. Task: Classify this clause into ONE of these types (exactly one label)...
Label: Notices
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Clause: All notices, amendments, waivers, consents and other communications provided to any party hereto under this Agreement shall be in writing and addressed, delivered or transmitted to such party at its address, or e-mail address set forth on Schedule II, in the case of the Issuer or the Manager, or on Schedule II ...
Label: Notices
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Clause: The Board of Directors shall establish in writing objectives (“Performance Goals”) that must be met by the Company or any subsidiary, division or other unit of the Company (“Business Unit”) during the Award Period as a condition to payment being made under the Performance-Based Award. The Performance Goals for ...
Label: Payments
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Clause: Each Participant’s Award (including any proceeds, gains, or other economic benefit actually or constructively received by a Participant upon any receipt or exercise of any Award) shall be conditioned on repayment, forfeiture, or claw-back in accordance with the Company’s claw-back policy, if any, the Sarbanes-O...
Label: Forfeitures
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Clause: Capitalized terms used but not defined in this Agreement are defined in Appendix A to the Sale and Servicing Agreement, dated as of January 1, 2016, among Ford Credit Auto Owner Trust 2016-A, as Issuer, Ford Credit Auto Receivables Two LLC, as Depositor, and Ford Motor Credit Company LLC, as Servicer.  Appendix...
Label: Definitions
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Clause: To Seller’s knowledge, there is no current or threatened litigation against Seller which would, if determined adversely to Seller, materially and adversely affect Buyer or the Property following Closing. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments...
Label: Litigations
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Clause: EACH BORROWER AND EACH OTHER LOAN PARTY IRREVOCABLY AND UNCONDITIONALLY AGREES THAT IT WILL NOT COMMENCE ANY ACTION, LITIGATION OR PROCEEDING OF ANY KIND OR DESCRIPTION, WHETHER IN LAW OR EQUITY, WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, AGAINST THE AGENT, ANY LENDER, THE L/C ISSUER, OR ANY RELATED PARTY OF ...
Label: Submission To Jurisdiction
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Clause: As of the date hereof, the authorized capital stock of the Company consists of: (i) 500,000,000 shares of Common Stock, of which approximately 167,000,000 shares are issued and outstanding; and (ii) 40,000,000 shares of preferred stock, of which approximately 10,001,000 shares are issued and outstanding. Except...
Label: Capitalization
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Clause: Both before and after giving effect to the sale, transfer, assignment and conveyance of the Second-Tier Assets pursuant to this Agreement, the Seller is solvent and the transfer of the 2016-A Exchange Note pursuant hereto is not being made with the intent to hinder, delay or defraud the creditors of the Seller ...
Label: Solvency
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Clause: The execution, delivery and performance by the Company of this Agreement and the other Transaction Documents to which it is a party, the issuance and sale of the Securities and the consummation by it of the transactions contemplated hereby and thereby do not and will not (i) conflict with or violate any provisi...
Label: No Conflicts
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Clause: The Borrower Parties have not dealt with any broker or finder with respect to the transactions embodied in this Agreement and the other Loan Documents. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, ...
Label: Brokers
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Clause: Certificates for Shares issued upon exercise of this Warrant will be issued in the name of Holder or and will be delivered to Holder or such named Person or Persons within a reasonable time after the date on which this Warrant has been duly exercised in accordance with the terms of this Warrant. The Company her...
Label: Authorizations
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Clause: The Company hereby agrees to employ the Employee and the Employee hereby accepts employment with the Company as its President and Chief Executive Officer, upon the terms and subject to the conditions set forth herein. In addition, the Company will use its reasonable best efforts to cause the Employee to be elec...
Label: Positions
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Clause: This Agreement has been duly executed and delivered by such Person. This Agreement constitutes a legal, valid and binding obligation of such Person, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other Laws affecting the enforcement of creditors’...
Label: Binding Effects
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Clause: This Agreement shall not be amended, modified or supplemented except by a written instrument signed by all of the Parties. 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: Amendments
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Clause: The Borrower has furnished to the Administrative Agent copies of (i) with respect to the Contributed Assets and associated liabilities, (A) combined audited balance sheets for the fiscal year ended December 31, 2015 and combined audited statements of income, shareholder’s equity and cash flows for the fiscal ye...
Label: Financial Statements
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Clause: This instrument may be executed in any number of identical counterparts, all of which shall together constitute a single original. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbitration, Assignme...
Label: Counterparts
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Clause: The Company shall use the net proceeds hereunder to repay the entire amount due under that certain convertible note dated January 5, 2016 made by the Company in favor of St. George Investments and for general working capital purposes, and shall not use such proceeds: (a) for the satisfaction of any portion of a...
Label: Use Of Proceeds
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Clause: Within forty-five (45) days after the end of each calendar quarter, Purchaser shall deliver to Seller a written report indicating, on a Product-by-Product and country-by-country basis, gross sales and Net Sales (including deductions, itemized by major category), a calculation of the Contingent Earnouts due on s...
Label: Payments
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Clause: Any dispute, claim or controversy based on, arising out of or relating to Employee’s employment or the termination thereof or this Agreement shall be settled by final and binding arbitration in the County of San Diego, California, before a single neutral arbitrator in accordance with the National Rules for the ...
Label: Arbitration
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Clause: (a) If any Lender (a “ Benefited Lender ”) shall at any time receive any payment of all or part of its Loans, or interest thereon, or receive any collateral in respect thereof (whether voluntarily or involuntarily, by set-off, pursuant to events or proceedings of the nature referred to in Subsection 9.1(f) , or...
Label: Adjustments
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Clause: Executive understands and agrees that this Release, and the matters discussed in negotiating its terms, are entirely confidential.  It is therefore expressly understood and agreed by Executive that he will not reveal, discuss, publish or in any way communicate any of the terms, amount or fact of this Release to...
Label: Confidentiality