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7d27fb09-2dbb-4296-b4c1-e82d3f6ae06e
Clause: Except as has not had and would not reasonably be expected to have, individually or in the aggregate, a Parent Material Adverse Effect, there is no Proceeding pending against, or, to the knowledge of Parent, threatened against Parent or any of its Subsidiaries. Task: Classify this clause into ONE of these type...
Label: Litigations
85ee8ac1-09af-463c-8bb0-31812cfc3c92
Clause: This Indenture shall be a continuing obligation of the Issuer and shall (i) be binding upon the Issuer and its successors and assigns and (ii) inure to the benefit of and be enforceable by the Indenture Trustee, and by its successors, transferees and assigns. The Issuer may not assign any of its obligations und...
Label: Assignments
47d8b86f-7920-4bd3-a6ef-2ffdeabb5565
Clause: No amendment or waiver of any provision of this Agreement nor consent to any departure by any Originator therefrom shall in any event be effective unless the same shall be in writing and signed by the Company, the Administrative Agent, the Required Purchasers, and (if an amendment) each Originator, and then any...
Label: Amendments
982960c3-0bfe-4591-bcf5-b6e16cf6fd4f
Clause: THIS NOTE WAS NEGOTIATED, EXECUTED AND DELIVERED IN THE STATE OF NEW YORK, IN ALL RESPECTS, INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MATTERS OF CONSTRUCTION, VALIDITY AND PERFORMANCE, AND THIS NOTE AND THE OBLIGATIONS ARISING HEREUNDER SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH, T...
Label: Governing Laws
8837b9b3-d808-423e-b8a5-27da38b93702
Clause: THIS SIXTH AMENDMENT EMBODIES THE ENTIRE AGREEMENT AMONG THE PARTIES HERETO WITH RESPECT TO THE SUBJECT MATTER THEREOF, AND SUPERSEDES ANY AND ALL PRIOR REPRESENTATIONS AND UNDERSTANDINGS, WHETHER WRITTEN OR ORAL, RELATING TO THIS AMENDMENT. THERE ARE NO ORAL AGREEMENTS AMONG THE PARTIES HERETO WITH RESPECT TO ...
Label: Entire Agreements
83da022d-0a97-4dc5-8fd9-fa65b0cd5631
Clause: Each party hereto shall execute and deliver all such further instruments and documents as reasonably may be requested by the other party in order to carry out fully the intent and accomplish the purposes of this Agreement and the transactions referred to herein. Task: Classify this clause into ONE of these typ...
Label: Further Assurances
9b4a8f21-12fd-4821-acbe-0a943680ad85
Clause: This Agreement may be terminated in the absolute discretion of the Placement Agent solely with respect to its role in this transaction, by notice to the Co-Issuers and the Parent if, after the execution and delivery of this Agreement and prior to the Closing Date (a) trading generally shall have been suspended ...
Label: Terminations
fbc1a121-be78-49ea-bcd2-22ff099c024d
Clause: THIS AMENDMENT AND THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES.  THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES. Task: Classify this clause into ONE of these ty...
Label: Entire Agreements
ba2eb5c9-22bf-4634-b724-2eaace42bd5d
Clause: There are no actions, suits, proceedings, judgments, claims or investigations pending or threatened by or against the Company or affecting the Company or its properties, at law or in equity, before any court or other governmental agency or instrumentality, domestic or foreign, or before any arbitrator of any ki...
Label: Litigations
d33656e4-f7b9-428e-b4e7-0024f0a745ef
Clause: Any notice to be given hereunder by either party to the other may be effected by personal delivery, in writing, or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses set forth below, but each party may change his, he...
Label: Notices
05890512-d380-4181-860a-bf173daa14e8
Clause: The closing of the transactions contemplated hereby (the “ Closing ”) shall take place on April 1, 2016 (the “ Closing Date ”), and the Closing is deemed to be effective as of 12:01 a.m., San Antonio, Texas time, on the Closing Date (the “ Effective Time ”). Task: Classify this clause into ONE of these types (...
Label: Closings
f26c858f-95a2-40a0-a7f6-0b0512e54a83
Clause: Options granted under the Plan shall be designated as Nonqualified Stock Options or ISOs.  Each Participant who is granted an Option shall enter into an Award Agreement with the Company, containing such terms and conditions as the Administrator shall determine, in its sole discretion, which Award Agreement shal...
Label: General
99d3b632-6354-4f03-b0ef-cd45f10bc90a
Clause: Borrower shall give prompt notice to Lender of any litigation or governmental proceedings pending or threatened in writing against any Individual Property, the Collateral, Borrower, any Individual Owner or Manager (but only as it relates to any Individual Property and only if Borrower has received notice of any...
Label: Litigations
99bf439b-2a41-478e-95c4-1ca6bb543106
Clause: Subject to the conditions contained herein and in the Plan, the Restricted Stock Units shall vest and the restrictions on such Restricted Stock Units shall lapse as provided in the Grant Notice and Exhibit A. With respect to any Restricted Stock Unit, the period of time that such Restricted Stock Unit remains s...
Label: Vesting
e371bdfc-ab23-4d89-99f1-c57bf65b8401
Clause: Subject to the terms of this Agreement, all reasonable fees and expenses of any Person entitled to indemnity hereunder (an “ Indemnified Party ”) shall be paid to the Indemnified Party, as incurred, within ten (10) Trading Days of written notice thereof to the Person from whom indemnity is sought (the “ Indemni...
Label: Expenses
0a79dcc8-7b37-4170-92b1-95fe17c9314b
Clause: From and after the date of this Agreement, upon the request of any Investor or the Company, each of the Company and the Investors shall execute and deliver such instrument, documents and other writings as may be reasonably necessary or desirable to confirm and carry out and to effectuate fully the intent and pu...
Label: Further Assurances
b4b79e30-6db6-44ea-9d9c-ed7d56bceda7
Clause: The term of the Company commenced with the filing of the Certificate in the Office of the Secretary of State of the State of Delaware on September 8, 2016 and shall continue until dissolved in accordance with this Agreement. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, A...
Label: Terms
0eed4332-7309-4914-b917-29269a8a8678
Clause: In the event of any actual or threatened default in, or breach of, any of the terms, conditions and provisions of this Agreement, HII shall have the right to specific performance and injunctive or other equitable relief of its rights under this Agreement, in addition to any and all other rights and remedies at ...
Label: Specific Performance
690e1c0e-7304-4ebe-b6ab-f949008b1848
Clause: (a) On the Initial Additional Tranche F Term Loan Effective Date, the Borrower shall pay to the Agent, for the account of each Additional Tranche F Term Lender, a fee (the “ Initial Additional Tranche F Upfront Fees ”) in an amount equal to 0.50% of the aggregate principal amount of the Initial Additional Tranc...
Label: Fees
d98062ee-fb6c-4b6c-8e71-22315c2d382f
Clause: In the event Grantee breaches any of the confidentiality, non-solicitation or non-compete covenants set forth in the Employment Agreement, if applicable, the Restricted Stock Units shall immediately thereupon expire and be forfeited, and the Company shall be entitled to seek other appropriate remedies it may ha...
Label: Confidentiality
34e61e8b-0a13-41f9-aebf-7db296cfe1dd
Clause: Each Lender (in its capacity as a Lender and on behalf of itself and its Affiliates as potential Hedge Banks) hereby appoints and authorizes the Administrative Agent to take such action as agent on its behalf and to exercise such powers and discretion under this Agreement and the other Loan Documents as are del...
Label: Authorizations
530a3bbf-1764-4cd7-a3b1-18c769d7d157
Clause: Without limiting anything in this Section   3 the Company will use its commercially reasonable efforts and continue to cooperate with CAC and other parties in the implementation of the Restructuring, including providing, making available and/or providing access to the premises, properties, businesses, operation...
Label: Cooperation
3f7b7739-8c98-4e67-887e-b4359cdddaee
Clause: In exchange for and in consideration of the payments, benefits, and other commitments described herein, including but not limited to Glenn’s continued employment by the Company, as provided by Article 1, and consulting engagement with the Company, as provided by Article 2, Glenn, for him and for each of his hei...
Label: Releases
a77586c6-9ef8-4f72-9fb2-46851419d532
Clause: This Amendment shall be construed in accordance with the internal laws of the State of Maryland, without regard to the conflict of law provisions of any state. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, App...
Label: Governing Laws
3ced9ecd-1bdc-4dde-82b8-87ea35917963
Clause: A pronoun or adjective in the masculine gender includes the feminine gender and the singular includes the plural, unless the context clearly indicates otherwise. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, A...
Label: Construction
078a61ee-e828-42c5-8bbb-0ca83658f8b9
Clause: Except as otherwise expressly provided herein, all costs and expenses, including fees and disbursements of counsel, financial advisors and accountants, incurred in connection with this Agreement and the Transactions shall be paid by the party incurring such costs and expenses, whether or not the Closing shall h...
Label: Expenses
5a647f14-0f2a-40e5-96da-f24f34b8dccb
Clause: Any action or proceeding arising out of or relating to this Agreement or any transaction contemplated hereby may be brought in any state or federal court sitting in the State of New York, and each of the parties irrevocably submits to the exclusive jurisdiction of each such court in any such action or proceedin...
Label: Jurisdictions
9842cace-31c7-4813-bc87-e92280dc2eee
Clause: The Company has filed all reports, schedules, forms, statements and other documents required to be filed by the Company under the Securities Act and the Exchange Act, including pursuant to Section 13(a) or 15(d) thereof, for the two years preceding the Signing Date (or such shorter period as the Company was req...
Label: Financial Statements
4c222830-91fe-4c0c-bedb-6eb30d4435f6
Clause: BORROWERS, THE OTHER CREDIT PARTIES, AGENT, L/C ISSUER AND EACH LENDER HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS. BORROWERS, THE OTHER CREDIT PARTIES, AGENT, THE L/C ISSUER AND EACH LENDER ACKNOWL...
Label: Waiver Of Jury Trials
251dde5d-84ce-4c39-a75f-b6beda399a2a
Clause: Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or to secure other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status...
Label: Releases
e39a42ef-2343-43bf-872a-72215a34752d
Clause: That the most recent annual report filed by the Borrower pursuant to Section 104 of the Employee Retirement Income Security Act of 1974, as amended (" ERISA "), (including without limitation, all related financial and actuarial statements) is complete and correct, in all material respects, and no event has occu...
Label: Erisa
d17b68ac-2649-4432-a743-7b06529b33b8
Clause: The Borrower agrees to indemnify each Lender and to hold each Lender harmless from any loss or expense that such Lender may sustain or incur as a consequence of (a) default by the Borrower in making a borrowing or continuation of Loans after the Borrower has given a notice requesting the same in accordance with...
Label: Indemnity
80d9b82d-b1ad-4ca8-ba63-6164bcaaec8d
Clause: If one or more of the provisions in this Agreement are held to be void or unenforceable in whole or in part, the remaining provisions will continue in full force and effect. Executive further agrees that in the event the length of time, the geographic area or definition of business activity as set forth herein,...
Label: Severability
1b754540-d9c3-4ab1-b6fe-b9df05db5892
Clause: During the Employment Term, the Executive shall serve as the Executive Chairman of CFI. The Executive shall report directly to the Board during the Employment Term. At all times during the Employment Term during which the Executive is serving as a member of the Board, the Executive shall serve as the Chairman o...
Label: Positions
6705dbec-0e4f-4324-9700-b8c1249ccc48
Clause: THIS AMENDMENT SHALL BE GOVERNED BY, AND CONSTRUED 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, Assignments, Assigns, Authority, A...
Label: Governing Laws
1f078d6f-4e89-4b73-9cc8-6e1cb040810d
Clause: This Agreement may be terminated by any Purchaser, as to such Purchaser’s obligations hereunder only and without any effect whatsoever on the obligations between the Company and the other Purchasers, by written notice to the other parties, if the Closing has not been consummated on or before 5:00 p.m. (Pacific ...
Label: Terminations
e715b3fd-0075-4da1-a966-c48a0a44fff9
Clause: All communications and notices hereunder shall (except as otherwise expressly permitted herein) be given as provided in Section 9.02 of the Term Loan Agreement. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Ap...
Label: Notices
b65ecd58-2257-4db0-b1df-a27aeb6272f7
Clause: This Amendment 3 may be executed in any number of counterparts, each of which counterparts when executed and delivered shall be an original, but all of which shall together constitute one and the same instrument. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, A...
Label: Counterparts
628c6213-4448-4546-8a88-8c48ec30ab22
Clause: In the event any one or more of the provisions contained in this Mortgage should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. The parties shall endeavor in go...
Label: Severability
665a94d6-1d3b-4895-9df5-585f8726f14f
Clause: Promptly following receipt of an invoice therefore, the Partnership shall reimburse the Lead Purchaser for the reasonable fees and expenses of Schulte Roth & Zabel, LLP of up to $200,000; provided , that for U.S. federal income tax purposes, the reimbursements described in Section 8.01 are, and will be treated ...
Label: Expenses
8b8cb0c8-ea60-4faa-baea-205c8805bbd4
Clause: All disputes, controversies or claims arising out of, relating to or in connection with this Agreement, the Plan or the Restricted Shares, or the breach, termination or validity thereof, shall be finally settled by arbitration. The arbitration shall be conducted in accordance with the Rules of Arbitration of th...
Label: Arbitration
dd424ca2-7532-445e-868c-0ce53b81d182
Clause: This Agreement will be governed by, construed under, and enforced in accordance with the internal laws of the State of Tennessee, without regard to the conflicts-of-law provisions or principles thereof. This Agreement and its subject matter have substantial contacts with the State of Tennessee, and any lawsuit ...
Label: Jurisdictions
7f255392-0fa7-4bdc-a05f-d1004410d871
Clause: This Transition Agreement constitutes the entire agreement between you and Willis with regard to the subject matter hereof and supersedes Sections 1, 2 and 3 of your Employment Agreement, and all other provisions of your Employment Agreement remain in full force and effect. Task: Classify this clause into ONE ...
Label: Miscellaneous
bef53ee6-fc9d-4f87-86c2-60aaa5f37218
Clause: If any provision of this Agreement or the Note, or any action taken hereunder, or any application thereof, is for any reason held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Agreement or the Note, each of which shall be construed and enforced without refe...
Label: Severability
1dce66a7-04e5-4297-ac6c-b66464b74a69
Clause: Borrower will not enter into any arrangement, directly or indirectly, whereby it sells or transfers any property, real or personal, used or useful in its business, whether now owned or hereinafter acquired, and thereafter rent or lease such property or other property that it intends to use for substantially the...
Label: Sales
e3cc7571-5f1a-4e89-aabe-2dd6e845bb1a
Clause: If any provision of this Agreement is held to be invalid, illegal, or unenforceable by appropriate authority under the law of any jurisdiction applicable to this Agreement, the same shall not affect, in any respect whatsoever, the validity, legality, or enforceability of any other provision of this Agreement, a...
Label: Severability
50ac1a19-5422-40d8-a7fa-4dab58fc9403
Clause: Each of Borrower, Equity Owner, Mortgage Borrower or Operating Lessee Pledgor is a disregarded entity for U.S. federal income tax purposes and does not pay U.S. federal income tax at the entity level. Operating Lessee is subject to U.S. federal income tax. Each of Borrower, Equity Owner, Mortgage Borrower, Oper...
Label: Taxes
4b1dfa3d-62ae-4851-a4b8-e64c70088be8
Clause: This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the Commonwealth of Pennsylvania. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbitration, Assignmen...
Label: Governing Laws
0e0a32d8-e917-43f3-a669-43ac68851b6c
Clause: Employee agrees to refrain from any disparagement, defamation, libel or slander of any of the Released Parties. GoDaddy agrees to inform relevant GoDaddy employees not to make any disparaging statements about the Employee. Employee understands that GoDaddy’s obligations under this paragraph extend only to GoDad...
Label: Non-Disparagement
b22c16ce-419e-4f8c-9fc6-cc9bdc50b0d5
Clause: No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right...
Label: No Waivers
866f9fbd-b4fc-4435-8442-9aebe8fb84aa
Clause: Purchaser has the right, power, authority and capacity to execute and deliver this Agreement, to consummate the transactions contemplated hereby and to perform its obligations under this Agreement.  This Agreement constitutes the legal, valid and binding obligations of Purchaser, enforceable against Purchaser i...
Label: Authority
7226c8d5-bc4a-4c22-a7e4-4e6493d80367
Clause: Seller shall provide Buyer with the reports and other materials and information with respect to the Property required to be provided by Borrower under, and pursuant to, Section 4.9 (Financial Reporting) of the Loan Agreement. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, ...
Label: Records
8ffb57d5-5ca4-47d3-b98f-daaaea5de406
Clause: Except as otherwise provided herein, all costs and expenses incurred in connection with this Agreement shall be paid by the Party incurring such cost or expense. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, A...
Label: Expenses
6115b5d1-18e6-4888-9781-9137caf343a8
Clause: This Amendment Number Seven may be executed by each of the parties hereto on any number of separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. Task: Classify this clause into ONE of these types (exactly one label): Adjustments,...
Label: Counterparts
a0f7c51f-0954-47cd-97ef-d5aad5f30c33
Clause: This Agreement may not be amended except by an instrument in writing signed by 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, Assigns, Authority, Authorizations...
Label: Amendments
e491577b-b173-40a2-a92e-eb36f999ba1e
Clause: To the fullest extent permitted by applicable law, expenses (including legal fees) incurred by a Person described in Section 12.3 in defending any against any claim, demand, action, suit or proceeding that would result in Damages shall, from time to time, be advanced by the Company prior to the final dispositio...
Label: Expenses
1220657e-26a8-408b-9e0c-7462e14923d8
Clause: This Amendment shall be considered severable, such that if any provision or part of the Amendment is ever held invalid under any law or ruling, that provision or part of the Amendment shall remain in force and effect to the extent allowed by law, and all other provisions or parts shall remain in full force and ...
Label: Severability
e0f40044-caea-4f3e-a892-5d42c1a46f05
Clause: The Company is duly organized and existing under the laws of the Bahamas and is in good standing under such laws. The Company has the requisite power and authority to own and operate its properties and assets, and to carry on its business as presently conducted and as proposed to be conducted. The Company is du...
Label: Organizations
4f4c8e27-0f6a-499b-bb91-4d739d42d25e
Clause: If the Receivable is in the In-Transit Period, review the Ford Opinion and confirm it contains favorable opinions on Ford qualification and authorization to execute, deliver and perform the Sale and Assignment Agreement by Ford. Task: Classify this clause into ONE of these types (exactly one label): Adjustment...
Label: Authorizations
4373f5b6-ea61-4b38-9f4d-1ab17a5d4d04
Clause: The Company will, and will cause each of its Subsidiaries to, cooperate with the Lender and execute such further instruments and documents, furnish such other information and existing documents (financial or otherwise) and take all such further action as the Lender shall reasonably request to carry out to its s...
Label: Further Assurances
8e1fde77-90c7-48ee-a201-df93ca0f5616
Clause: In the event the Executive incurs a Disability for a continuous period exceeding 90 days or for a total of 180 days during any period of 12 consecutive months, the Company may, at its election, terminate the Executive’s employment during the Term by delivering a Notice of Termination (as defined in Section 4.8)...
Label: Disability
5328eaf4-7028-4887-9b87-2413852d3c9d
Clause: The closing of the Exchange Transaction (the “ Closing ”) shall take place at the offices of Weil, Gotshal & Manges LLP, 200 Crescent Court, Suite 300, Dallas, Texas 75201, at 10:00 a.m., local time, on the third Business Day following the satisfaction or, to the extent permitted by applicable law, waiver of th...
Label: Closings
8a068d45-331a-497a-be60-cef658f4de56
Clause: The Borrower has no Subsidiaries other than those specifically disclosed in Part I of Schedule 3.13 , and any Subsidiaries that are permitted to have been organized or acquired after the Effective Date in accordance with Section 6.6. All of the outstanding Equity Interests in Subsidiaries disclosed in Part I of...
Label: Subsidiaries
d444ceb6-4674-4f95-a026-64c6c89b49f7
Clause: Each Party (a) submits to the jurisdiction of any state or federal court sitting in the City of Dover or Wilmington in the State of Delaware in any action or proceeding arising out of or relating to this Agreement (including any action or proceeding for the enforcement of any arbitral award made in connection w...
Label: Submission To Jurisdiction
4ae8007b-3433-48ca-a96a-809ea3d6b434
Clause: The 2014 Plan and this Award Agreement are each governed by and subject to the laws of the United States of America and the State of Texas. All questions pertaining to the construction, interpretation, regulation, validity and effect of the provisions of this Award and any rights under the 2014 Plan shall be de...
Label: Governing Laws
fe8fe715-591a-4b5e-a241-5ca325187ccf
Clause: Unless earlier terminated as provided herein, the Executive’s employment under this Agreement shall be for the period commencing upon the Effective Date of this Agreement and ending on the third anniversary of the Effective Date of this Agreement. On each anniversary of the effective date of this Agreement, the...
Label: Terms
27e49427-753c-48ae-823c-63d7233aef2e
Clause: Except as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, (i) each Loan Party and each of its Restricted Subsidiaries own, or possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, licenses and other...
Label: Intellectual Property
41463e0f-58f6-4a4c-bee9-e241addea65f
Clause: This Unwind Agreement and Unwind Documents shall be governed by and construed and interpreted in accordance with the laws of the State of California, without giving effect to the rules of conflicts of law. In the event of any action at law or in equity to enforce or interpret the terms of this Unwind Agreement ...
Label: Governing Laws
9eca4e82-d71e-4a64-9cda-35cfce51b75d
Clause: This Agreement and the Purchase Agreement 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 in respect of the subject matter contained herein.  There are no restrictions, promises, w...
Label: Entire Agreements
2d9df6e2-f582-47e5-9bda-db7b405a4f8a
Clause: Capitalized terms that are used but are not otherwise defined in this Agreement have the meanings assigned to them in the 2016-3 Exchange Note Supplement, dated as of July 31, 2016, to the Amended and Restated Credit and Security Agreement, dated as of May 23, 2013, both by and between ACAR Leasing Ltd., as bor...
Label: Definitions
25a4c793-8f24-4992-949d-3f29a2f3ec16
Clause: The headings in this Agreement are for convenience of reference only and shall not be deemed to alter or affect any provision of this Agreement. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbitra...
Label: Headings
34d43622-7de6-43f3-b19e-64ffc29c0a7f
Clause: By the issuance of a Letter of Credit (or an amendment to a Letter of Credit increasing the amount thereof) and without any further action on the part of the applicable Issuing Bank or the Lenders, such Issuing Bank hereby grants to each Lender, and each Lender hereby acquires from such Issuing Bank, a particip...
Label: Participations
20275ed5-9e5c-4a28-bdc8-7376f30069ff
Clause: Arrangers shall have received at least three (3) Business Days prior to the Effective Date all documentation and other information reasonably requested in writing by them at least ten (10) Business Days prior to the Effective Date in order to allow the Effective Date Arrangers and the Lenders to comply with app...
Label: Effective Dates
d773031f-4001-4a77-9838-3a579798659f
Clause: The Plan shall terminate on the tenth anniversary of the date of its initial adoption by the Board, unless earlier terminated by action of the Board.  No Option may be granted during any period of suspension of the Plan or after termination of the Plan.  The Plan will be submitted for the approval of the Compan...
Label: Terms
59797185-56bc-4ea5-9d65-1e8b7dbd84e1
Clause: EACH SELLER AND THE BUYER HEREBY EXPRESSLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THIS AGREEMENT, ANY OTHER TRANSACTION DOCUMENT OR ANY AMENDMENT, INSTRUMENT OR DOCUMENT DELIVERED OR WHICH MAY IN THE FUTURE BE DELIVERED IN CONNECTION HEREWITH OR ARI...
Label: Waiver Of Jury Trials
cec6ea6b-0c92-4070-b96c-8d7980f3177a
Clause: If the Executive’s employment is terminated by reason of the Executive’s death during the Period of Employment, the Company shall pay the Executive’s estate or beneficiaries the Accrued Obligations, the Pro Rata Bonus and the Other Benefits (subject to the proviso in Section 7.A.(1)(a) to the extent applicable)...
Label: Death
336b819e-8d47-4df3-adb2-f5ee614bd758
Clause: THIS SECTION 9 SHALL SURVIVE THE CLOSING DATE OR THE EARLIER TERMINATION OF THIS AGREEMENT AND SHALL NOT BE DEEMED TO HAVE MERGED INTO ANY OF THE DOCUMENTS EXECUTED OR DELIVERED AT CLOSING. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corrupt...
Label: Survival
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Clause: Executive is employed as the Regional President of the Bank. Executive’s responsibilities, duties, prerogatives and authority in such office shall be those customary for persons holding such office of institutions in the financial institutions industry, as well as such other duties of an executive, managerial o...
Label: Employment
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Clause: All notices required to be given hereunder shall be in writing and shall be deemed to be duly given if personally delivered, telecopied and confirmed, emailed and confirmed or mailed by certified mail, return receipt requested, or overnight delivery service with proof of receipt maintained, at the following add...
Label: Notices
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Clause: This Agreement may be executed in any n umber of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Appl...
Label: Counterparts
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Clause: Any notice, consent or other instrument required or permitted to be given under this Lease shall be in writing and shall be delivered in person, or sent by certified mail, return receipt requested, postage prepaid, or by Federal Express or similar overnight courier service, addressed (a) if to Landlord, at the ...
Label: Notices
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Clause: The captions used in the Notice and this Award Agreement are inserted for convenience and shall not be deemed a part of the SAR for construction or interpretation. Except when otherwise indicated by the context, the singular shall include the plural and the plural shall include the singular. Use of the term “or...
Label: Construction
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Clause: From and after the Effective Date, Assignor hereby assigns, sets over, and transfers to Assignee, and Assignee hereby takes and accepts from Assignor, all of Assignor’s rights, title, and interest under and pursuant to the Lease and all other rights, benefits, and privileges accruing thereunder, subject to all ...
Label: Assignments
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Clause: EACH OF THE GUARANTOR AND MINNETRONIX, BY ITS ACCEPTANCE OF THIS GUARANTY, IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS GUARANTY OR THE TRANSACTIONS CONTEMPLATED HEREBY. Task: Classify this clause into ONE of these types (exactly one label): A...
Label: Waiver Of Jury Trials
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Clause: If any provision in this Agreement is for any reason held to be unenforceable, it shall not affect the enforceability of the remaining provisions and the remaining provisions shall be enforced to the extent permitted by law. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, A...
Label: Severability
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Clause: Irrespective of whether any Closing is effected, each party shall bear their own costs and expenses incurred with respect to the negotiation, execution, delivery and performance of this Agreement.  If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement or the Restated...
Label: Expenses
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Clause: Upon expiration of the Forbearance Period (as defined below), all of the Holder’s rights and remedies under the Note Documents and at law and in equity shall be available without restriction or modification, as if the forbearance had not occurred. Task: Classify this clause into ONE of these types (exactly one...
Label: Remedies
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Clause: The Plan and the actions taken in connection herewith shall be governed by and construed in accordance with the internal laws of the State of Delaware, without giving effect to its principles of conflict of laws. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, A...
Label: Governing Laws
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Clause: Except to the extent expressly permitted in Sections 11.3.B and 11.3.C or in connection with the exercise of a Redemption Right pursuant to Section   8.6, a Limited Partner (other than the General Partner and the General Partner Entity, in their capacities as Limited Partners) may not transfer any portion of it...
Label: General
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Clause: The Borrower will, and will cause each of its Subsidiaries to, maintain, with financially sound and reputable insurance companies (a) insurance in such amounts (with no greater risk retention) and against such risks as are (as determined in good faith by the Borrower) customarily maintained by companies of esta...
Label: Insurances
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Clause: This Agreement, and all questions relating to its validity, interpretation, performance and enforcement, as well as the legal relations hereby created between the parties hereto, shall be governed by and construed under, and interpreted and enforced in accordance with, the laws of the State of Minnesota applica...
Label: Governing Laws
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Clause: Any term of this Note may be amended, and any provision hereof waived, (i) by the Companies, without the consent of Purchasers, as required in order to meet the definition of “Quoted Eurobond” pursuant to section 987 of the Income Tax Act 2007 or listing requirements of the Cayman Islands Stock Exchange, or (ii...
Label: Amendments
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Clause: Any and all notices or other communications or deliveries required or permitted to be provided hereunder shall be in writing and shall be deemed given and effective on the earliest of (a) the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number set forth on th...
Label: Notices
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Clause: The execution, delivery and performance of this Agreement and the Ancillary Agreements by Seller, do not and will not: (i) conflict with or violate the Certificate of Incorporation or By-laws of Seller; (ii) conflict with or violate any law, rule, regulation, order, writ, judgment, injunction, decree, determina...
Label: No Conflicts
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Clause: Interest on the unpaid principal amount of Revolving Loans will accrue at an annualized variable interest rate equal to LIBOR in effect from time to time plus the Margin. Interest will be due and payable quarterly in arrears on the first day of the first calendar quarter following the Closing Date and on the fi...
Label: Interests
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Clause: This Guaranty shall remain in full force and effect until the termination of the Term Loan Agreement with respect to each Guarantor until the earliest of the (x) the date on which all of the Guarantied Obligations have been indefeasibly paid and performed in full (other than (1) contingent indemnification oblig...
Label: Terminations
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Clause: Both parties acknowledge that in the course of their dealings, each party may acquire information about the other, its business activities and operations, its technical information and trade secrets, and confidential patient information, which are highly confidential and proprietary to each party (the “Confiden...
Label: Confidentiality
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Clause: The language in all parts of this Release shall in all cases be construed simply, according to its fair meaning, and not strictly for or against any of the Parties hereto. Without limitation, there shall be no presumption against any party on the ground that such party was responsible for drafting this Release ...
Label: Construction
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Clause: The Borrowers agree to pay all reasonable costs and expenses of the Administrative Agent in connection with the preparation, execution and delivery of this Amendment, including without limitation the reasonable fees and expenses of the Administrative Agent’s legal counsel. Task: Classify this clause into ONE o...
Label: Expenses
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Clause: This Agreement will terminate immediately after the termination of the Security Agreement (other than unasserted indemnity obligations thereunder) and the Obligations have been indefeasibly paid in full. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments...
Label: Terminations