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69d58d63-36c4-4d9b-946d-9821ab60c14d
Clause: Any provision of this Agreement held to be invalid, illegal or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such invalidity, illegality or unenforceability without affecting the validity, legality and enforceability of the remaining provisions hereof; and the...
Label: Severability
6ebbb587-dcd9-4536-ae64-0bc99cd07698
Clause: The U.S. Facility Loan Parties shall indemnify, hold harmless and reimburse (within ten (10) days after demand therefor) each Credit Party and each Security Trustee for the full amount of any Indemnified Taxes or Other Taxes (including those attributable to amounts payable under this Section) withheld or deduct...
Label: Payments
438a5ff6-e5c8-415c-8950-b42a1cc75784
Clause: This Agreement together with the Option contain the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior agreements (including the Existing Consulting Agreement), and contemporaneous understandings, inducements or conditions, express or implied, written ...
Label: Entire Agreements
ed1c3055-d00e-4d8d-9f27-21ecae04eec8
Clause: This Agreement, along with the documents governing the equity award(s) described in Section 2(b) of this Agreement, constitutes the complete and exclusive Agreement between you and the Company relating to the subject matters addressed in this Agreement. This Agreement may not be amended or modified, except in a...
Label: Miscellaneous
cc57800f-9a7e-44cf-921d-59a84ef22d71
Clause: Each Seller will not enter into any transaction, including, without limitation, any purchase, sale, lease or exchange of property or the rendering of any service, with any Affiliate, other than any contribution of Contributed REO Property, Contributed Rental Property or Contributed Mortgage Loans to a Seller Pa...
Label: Transactions With Affiliates
d6f86e4c-00cc-4b13-b6df-3553a2907aee
Clause: This Plan shall be construed in accordance with and governed by the laws of the State of Georgia, to the extent such laws are not otherwise superseded by the laws of the United States. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption L...
Label: Construction
eee8e6a4-b3eb-439f-b2d6-1ac03ff512bc
Clause: The Transactions (a) do not require any material 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 and except for filings necessary to perfect Liens created pursuant to the Loan Docu...
Label: No Conflicts
530a4a1f-9304-4646-a130-dd7c271ed6f8
Clause: The parties hereby knowingly, voluntarily, and intentionally waive the right any of them have to a trial by jury of, under or in connection with this Letter Agreement or any agreement or document executed in conjunction therewith or any course of conduct, statements (whether verbal or written) or actions of any...
Label: Waiver Of Jury Trials
bca1d5b8-1f09-4a3d-b835-0b30c9ed7f3b
Clause: From time to time after the Closing and without further consideration, Sellers and Representative, upon the reasonable request of Buyer, will execute and deliver such documents and instruments of conveyance and transfer as Buyer may reasonably request in order to consummate more effectively the purchase and sal...
Label: Further Assurances
0c0bb8a1-52a0-4641-b28c-72250b87ea02
Clause: The provisions of this Plan shall bind and inure to the benefit of Vertex and its successors and assigns, and the Participant, the Participant's Beneficiaries, and their permitted successors and assigns. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments...
Label: Successors
4d47a49d-85a5-4a0b-93d6-df2a577f948e
Clause: In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any ...
Label: Remedies
4b957378-4c93-420f-9136-cf165a346249
Clause: The Parent and the Borrower will, and will cause each Restricted Subsidiary to, maintain, with financially sound and reputable insurance companies, insurance in such amounts and against such risks as are customarily maintained by companies engaged in the same or similar businesses operating in the same or simil...
Label: Insurances
75c01876-046d-4911-844d-754a4a2a63d6
Clause: EACH OF THE PARTIES HERETO HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. EACH OF THE PARTIES HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, A...
Label: Waiver Of Jury Trials
277dfb83-5b6c-460b-8231-d0b68f62c727
Clause: The term of this Agreement (the “ Term ”) shall begin on the Original Effective Date and, unless terminated earlier as provided herein, shall continue in perpetuity. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Law...
Label: Terms
77823537-5d50-450a-8a53-836d07332986
Clause: There is no Proceeding pending , or to the Knowledge of GPD or 851 threatened or anticipated against GPD or 851 relating to or affecting the MVP Shares , CSA Shares, the ATM Shares or the Transactions. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, ...
Label: Litigations
cead166b-33f3-4732-84c6-46196fd296f4
Clause: All payments to be made by the Borrowers shall be made free and clear of and without condition or deduction for any counterclaim, defense, recoupment or setoff. Except as otherwise expressly provided herein, all payments by the Borrowers hereunder shall be made to the Administrative Agent, for the account of th...
Label: General
455cffc8-2218-43c9-9676-28e77e2ee81d
Clause: During the continuation of any Termination Event, the Agent may, or at the direction of the Managing Agents representing the Majority Investors shall, by notice to the SPV and the Master Servicer, declare the Termination Date to have occurred; provided that in the case of any event described in Section 8.1(d) ,...
Label: Terminations
cca97c80-e073-47d8-bf47-95d353925639
Clause: The Executive agrees that he is bound by the terms of the Confidentiality Agreement. 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 ...
Label: Cooperation
a776a99e-bba5-4cbb-8080-51783c939a27
Clause: This Agreement, along with the Proprietary Information and Inventions Agreement and Executive’s written equity compensation agreements with the Company, represents the entire agreement and understanding between the Company and Executive concerning Executive’s separation from the Company. Task: Classify this cl...
Label: Entire Agreements
67ab4870-acb8-4698-965c-d4a421d88e53
Clause: Each party agrees, without further consideration, from time to time after the Closing to (i) execute and deliver further instruments of transfer, assumption and assignment and take such other actions as the other party may reasonably require to transfer, assign to and vest in Purchaser the Assets, including; (i...
Label: Further Assurances
092d1dea-11b3-4686-8db4-540ffc1670c9
Clause: All notices and other communications hereunder shall (except as otherwise expressly permitted herein) be in writing and given as provided in Section 9.01 of the Credit Agreement. All communications and notices hereunder to any Subsidiary Guarantor shall be given to it in care of the Company as provided in Secti...
Label: Notices
37e0bcf9-7b74-4a7a-943d-bcc079c4b223
Clause: On the Closing Date (as defined below), the Subsidiary shall assign the Loan to the Company, and the Holder hereby consents to such Assignment. The closing of the Assignment and the Exchange shall occur on the date of the effectiveness of a Registration Statement registering the shares of common stock of the Co...
Label: Assignments
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Clause: The Company will pay all original issue and transfer taxes with respect to the issue and transfer of shares pursuant hereto and all other fees and expenses necessarily incurred by the Company in connection therewith. You will not have any rights of a shareholder until You have exercised the Options, paid the Op...
Label: General
1055de71-755b-489d-a38a-4ef57e069816
Clause: EACH PARTY HERETO HEREBY IRREVOCABLY 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 AGREEMENT OR ANY OTHER LOAN DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY (WHET...
Label: Waiver Of Jury Trials
d1cc8b73-9cca-426d-a6b5-1cbd1ee28415
Clause: Except to the extent that any Letter of Credit provides otherwise, the UCP shall apply to each Letter of Credit.  This Agreement shall be governed by and construed in accordance with the laws of the State of New York, except to the extent inconsistent with the UCP, and except to the extent that perfection of th...
Label: Governing Laws
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Clause: This Agreement shall be binding upon and inure to the benefit of the heirs and representatives of the President and the successors and assigns of the Company. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Appr...
Label: Binding Effects
80205149-79b1-40f6-ba86-0b6e90bdfa31
Clause: This Amendment shall be governed by and construed in accordance with the laws of The Commonwealth of Massachusetts and the applicable laws of the United States of America. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicab...
Label: Applicable Laws
b1633c38-0399-4569-b6a9-a015ddad97c2
Clause: You agree not to take any action or make any statement, written or oral, or make any posting on any website, blog or by other electronic means, that would reasonably be interpreted to disparage Iron Mountain or its affiliates, or any of their respective officers, directors, employees or agents, or that has the ...
Label: Non-Disparagement
2ce6102d-c7ee-422d-a90d-519ca6565293
Clause: During the Employment Period, the Executive shall receive a base salary equal to three hundred thousand dollars ($300,000) per annum (the “ Base Salary ”).  The Base Salary shall be reviewed annually by the Compensation Committee (the “ Compensation Committee ”) of the Company’s Board of Directors (the “ Board ...
Label: Base Salary
db6f7798-5904-4b1a-84b1-a9fc9694b172
Clause: Each Loan Party and its Subsidiaries has timely filed or caused to be filed all Tax returns and reports required to have been filed and has paid or caused to be paid all Taxes required to have been paid by it, except Taxes that are being contested in good faith by appropriate proceedings and for which such Loan...
Label: Taxes
eb1d2d91-cd0c-4e0b-8f6f-77fd8a4e6b9c
Clause: Subject to the terms and conditions set forth in this Agreement, at the Closing the Company shall issue and sell to the Investor, and the Investor shall purchase from the Company, the Shares. The date and time of the Closing shall be 5:00 p.m., Eastern time, on the Closing Date. The Closing shall take place at ...
Label: Closings
061daa52-e03d-413f-83f1-9d8ee09a7649
Clause: Executive agrees that for a period of two (2) years following the Separation Date, the Executive will not take any action or make any statement which disparages the Company or its practices or which disrupts or impairs its normal operations, such that it causes material adverse impact to the Company or its Rela...
Label: Non-Disparagement
da07500f-bd9e-4063-a302-cb03cfe9a55d
Clause: Notwithstanding the foregoing paragraph I.4(b), if there is a Change in Control prior to the Measurement Date, then the Performance Award shall become vested and payable, but only on a pro-rata basis in an overall amount that takes into account the time of the Change in Control as compared to the Grant Date and...
Label: Change In Control
5d636370-d3e5-475c-a7c1-b1d73eb00125
Clause: Purchaser has full power, in accordance with law, to execute and perform this Agreement and each other document, instrument or agreement required to be delivered by them hereby (collectively the "Ancillary Agreements"), subject to Purchaser obtaining the consents specified in Section 5.3 below. All necessary ac...
Label: Authority
2ba3ae6f-3278-439f-9618-c4b3635f203a
Clause: The waiver by either party to this Agreement of a breach or violation or any provision hereof shall not operate as or be construed to be a waiver of any subsequent breach hereof. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, A...
Label: Waivers
87d09e6d-8f0e-4a69-80e6-7db09f5ba63f
Clause: This Note shall be construed and enforced in accordance with, and all questions concerning the construction, validity, interpretation and performance of this Note shall be governed by, the laws of the State of California, without giving effect to provisions thereof regarding conflict of laws. Each party hereto ...
Label: Governing Laws
153d6187-5c1c-40c2-80a6-d47ffb8a2c9c
Clause: In addition to any amounts otherwise payable by Service Recipient pursuant to this Agreement, Service Recipient shall be responsible, and promptly pay or reimburse Service Provider, for any sales, use, value added, goods and services, excise, transfer, recording or similar taxes, including any interest, penalti...
Label: Taxes
3467e3ba-c864-42e3-bcca-f8a7aa01f8b3
Clause: Except as set forth on Schedule 3.28 , no broker, finder, investment banker or other agent is entitled to any brokerage, finder’s or other fee or commission in connection with the transactions contemplated by this Agreement based upon arrangements made by or on behalf of any of the Sellers or the Acquired Compa...
Label: Brokers
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Clause: (a)  The Award shall vest (i) with respect to [INSERT NUMBER OF UNITS] restricted stock units subject to the Award on _______, ____, an additional [INSERT NUMBER OF UNITS] restricted stock units subject to the Award on _______, ____, and the remaining [INSERT NUMBER OF UNITS] restricted stock units subject to t...
Label: Vesting
421feb24-8433-42c8-9638-5c69cf3d3445
Clause: Any document relating to participation in the Plan or any notice required or permitted hereunder shall be given in writing and shall be deemed effectively given (except to the extent that this Agreement provides for effectiveness only upon actual receipt of such notice) upon personal delivery, electronic delive...
Label: Notices
91e7d226-a36e-4031-8a89-221a8c39fe53
Clause: This Lease shall be construed in accordance with and governed by the laws of the State of Florida, without giving effect to principals of conflict of laws, except where specifically pre-empted by Federal law. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amend...
Label: Governing Laws
f6d9bee9-f163-4456-95e9-68dd257ed182
Clause: Except for the security interests granted to the Administrative Agent for the benefit of the holders of the Secured Obligations pursuant to this Agreement and the other Permitted Liens, such Debtor owns each item of the Collateral free and clear of any and all Liens or claims of others.  No financing statement ...
Label: Titles
d1a40a61-60a8-4330-b7ff-2a9383b6eae8
Clause: This Agreement may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which shall be deemed to be an original, but all of which taken together shall constitute one and the same agreement.  Delivery of an executed counterpart of this Agreement by telecopie...
Label: Counterparts
3a195383-3d7a-41e0-94ff-d913226eb54c
Clause: All payments made by the Guarantor under this Guaranty shall be made free and clear of, and without deduction or withholding for, or on account of, any Taxes. If any such Taxes are required to be withheld from any amounts payable to any Beneficiary hereunder, the amounts so payable to such Beneficiary shall be ...
Label: Taxes
31070656-9f83-492b-bd19-1f7bba2e5e47
Clause: This Agreement shall be governed and - construed in accordance with the laws of the State, without regard to principles of conflicts of law that would apply the laws of another jurisdiction. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corrup...
Label: Governing Laws
1b3c6fef-cb73-4e5c-9637-c159c7e9a94b
Clause: The interpretation and construction of this Agreement, and all matters relating thereto, shall be governed by the laws of the State of Delaware, without regard to the choice of law provisions thereof. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, A...
Label: Governing Laws
0c8bbe02-899f-40df-8729-975460950d0b
Clause: Immediately after the consummation of the Transactions and the other transactions contemplated by this Agreement, (i) the fair value of the assets of Holdings and its Subsidiaries, on a consolidated basis, exceeds, on a consolidated basis, their debts and liabilities, subordinated, contingent or otherwise; (ii)...
Label: Solvency
6174a577-fc67-468f-9274-a1f1e4dbc28b
Clause: If a Change in Control of the Company (as defined in Section 10(c) below) occurs and Grantee’s employment is terminated by the Company or one of its subsidiaries or affiliates without Cause (as defined in Section 10(d) below) (other than for death or disability) or by Grantee for Good Reason (as defined in Sect...
Label: Change In Control
b37bc143-9c49-4a1c-852d-f0b058e1e95c
Clause: DW Animation shall have paid all fees and expenses as required pursuant to Section 3.7 of this Amendment or otherwise in connection with this Amendment. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals,...
Label: Expenses
17b9cc5b-19e5-4f72-88d6-6f39b14cff33
Clause: As of the date hereof, after giving effect hereto, no Default or Event of Default shall have occurred and be continuing. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbitration, Assignments, Assig...
Label: No Defaults
513e6b5b-03e1-4353-b0df-086e893c2434
Clause: This Agreement, together with the other Ancillary Agreements and any documents, instruments and certificates explicitly referred to herein, constitutes the entire agreement among the parties hereto with respect to the subject matter hereof and supersedes any and all prior discussions, negotiations, proposals, u...
Label: Entire Agreements
8f7e57f6-4046-42fc-9e04-e08e6d9a8cab
Clause: The Company hereby employs Executive, and Executive hereby accepts such employment, for a term (as the same may be extended, the “Term”) commencing as of the Effective Date and continuing until April 30, 2020, unless terminated earlier in accordance with the provisions of Section 4. On April 30, 2020, the Term ...
Label: Terms
51d8bd05-53cd-4527-9c01-da2085e1300b
Clause: (Also see Section 7 of the Agreement)  The receipt of any severance payments or benefits under the Agreement is subject to Executive signing and not revoking a separation agreement and release of claims in favor of the Company and its affiliates in a form provided by the Company (the “Release”), which must beco...
Label: Releases
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Clause: The financial statements included in each SEC Filing comply in all material respects with applicable accounting requirements and the rules and regulations of the SEC with respect thereto as in effect at the time of filing (or to the extent corrected by a subsequent restatement) and present fairly, in all materi...
Label: Financial Statements
c9497da1-c02b-4efb-995d-24e8b999f319
Clause: This Agreement shall inure to the benefit of and shall be binding upon the parties hereto and their respective successors and permitted assigns. This Agreement shall not be assignable (whether voluntarily or involuntarily, directly or indirectly or by operation of law) by any party without (i) in the case of a ...
Label: Assignments
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Clause: This Amendment, when delivered hereunder, will have been duly executed and delivered by each Loan Party that is party hereto. This Amendment constitutes a legal, valid and binding obligation of such Loan Party, enforceable against such Loan Party that is party hereto in accordance with its terms, except to the ...
Label: Binding Effects
4fc52817-9c0f-4e7f-9b7c-d67ca424f6d2
Clause: No authorization, approval or consent of, or filing with, any court, governmental body, regulatory agency, self-regulatory organization, or stock exchange or market or the stockholders of the Company is required to be obtained or made by the Company for (i) the execution, delivery and performance by the Company...
Label: Approvals
d0fa4361-1664-49a0-8e93-18cd8bb44f67
Clause: The Parties agree to cooperate in executing and delivering such other and additional documents or instruments, and to take all additional actions that may be necessary or appropriate to give full force and effect to the terms and intent of this Agreement. Task: Classify this clause into ONE of these types (exa...
Label: Cooperation
f47d710e-c666-4374-9416-c82bcc01d2db
Clause: Except in connection with the HSR Act or as required under the Credit Facility (which will be terminated at Closing), no consent, approval, order or authorization of, or declaration, filing or registration with, any Governmental Entity or of any other Person is required to be obtained or made by Seller in conne...
Label: Approvals
3b556ab0-5de2-43d5-9e1b-ff5d2c33760f
Clause: Notwithstanding anything contained herein to the contrary or in the Credit Agreement, Agent shall not acquire or take any other action with respect to the interests of Pledgor or Stockholders (i) to the extent that such acquisition or such other action constitutes a non-exempt “prohibited transaction” (as such ...
Label: Erisa
3022c6b0-5450-40ac-a5ac-2b2e9bcb36f0
Clause: Notwithstanding any other provision of this Agreement or any other agreement, this Agreement and all obligations hereunder shall terminate and cease to have any force or effect upon the earliest of (a) the Closing, (b) any termination of the Merger Agreement in accordance with its terms and (c) the written agre...
Label: Terms
738b9482-b2e7-4744-9b0a-6f1888da6235
Clause: Centennial has all requisite power and authority to execute and deliver this Agreement and the Assignment Agreement. The execution and delivery of this Agreement by Centennial have been, and the execution and delivery of the Assignment Agreement by Centennial will be, duly authorized by all necessary action on ...
Label: Authority
79a1ef88-90c7-46d1-bb89-2b1582970372
Clause: The parties executed this Lease (as an amendment to and restatement of the 2004 Lease) on _________ __, 2016 (the “Amendment Date,” as defined in the Preamble above). However, the Effective Date of this Lease (as defined in the Preamble above) shall be deemed the June 1, 2004 Effective Date of the 2004 Lease. ...
Label: Effective Dates
f71893b9-2b30-4b0e-9121-9503c5d6f2ba
Clause: The Term of this Agreement shall commence on the date hereof, and shall terminate on the one-year anniversary thereof; provided, however, that unless this Agreement has been earlier terminated, the Term shall be automatically extended for additional one (1) year periods, on a year-to-year basis, commencing on t...
Label: Terms
0605727a-8eea-4c0e-a092-8e6b800de8ee
Clause: (a) There are no actions, suits or proceedings by or before any arbitrator or Governmental Authority (including the United States Food and Drug Administration and the corresponding Governmental Authorities in Canada and the Republic of Ireland) pending against or, to the knowledge of the Company, threatened aga...
Label: Litigations
8054de75-8bbf-4739-8305-c9b17df14b93
Clause: There is no action, suit, proceeding, claim or investigation by any mediator, arbitrator or Governmental Entity pending or, to Seller’s knowledge, threatened (1) against Seller with respect to the Assets, or (2) that is likely to impede Seller’s ability to consummate the Transaction. Task: Classify this clause...
Label: Litigations
90ef06db-a04f-42ba-97a5-dfb0fb695ae5
Clause: None of the Loan Parties shall use, and the Loan Parties shall procure that their Subsidiaries shall not use, the proceeds of any Loan in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any Person in violation of any Anti-Corrup...
Label: Anti-Corruption Laws
1da43431-65a6-4cae-81a1-575ffc904475
Clause: Except as set forth on Schedule 4.9 attached hereto, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than debt outstanding under the Company’s loan ...
Label: Use Of Proceeds
150021c8-ea6a-41cf-a674-3d742a134047
Clause: All payments made pursuant to this Plan shall be subject to all applicable reporting obligations and any tax or other contributions required to be withheld under Federal, state or local law, or the applicable laws of any non-U.S. taxing authority as interpreted by the Company. Task: Classify this clause into O...
Label: Taxes
8a5e310b-e532-4b3f-bbde-2e0a21f76b45
Clause: The Company may issue a press release describing the material terms of the transactions contemplated hereby as soon as practicable following the Effective Date, and shall file with the Commission a Current Report on Form 8K, with this Agreement attached as an exhibit thereto, describing the material terms of th...
Label: Disclosures
0d4a5b26-643a-4510-b7d5-4d56f05e125b
Clause: This Agreement has been duly and validly authorized (including by a duly appointed special committee of the Board of Directors of the Company consisting solely of directors who are both independent and disinterested), executed and delivered by the Company, and no further consent or action is required by the Com...
Label: Enforceability
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Clause: The Disclosure Schedule and each Exhibit delivered pursuant to the terms of this Agreement must be in writing and will constitute a part of this Agreement. This Agreement, together with the Disclosure Schedule and Exhibits and the Non Disclosure Agreement dated September 4, 2007 by and between the parties, and ...
Label: Integration
fc8a6cb3-1f6c-4d38-be90-e207bf3b74cf
Clause: Each person who is or will have been a member of the Board or any committee of the Board will be indemnified and held harmless by the Company against and from any loss, cost, liability, or expense that may be imposed on or reasonably incurred by him in connection with or resulting from any claim, action, suit, ...
Label: Indemnifications
f7b9c7af-87d3-4872-87a8-3e06eda4d4b4
Clause: The execution, delivery and performance of the Transaction Documents to which it is a party by the Company and the consummation by the Company of the transactions contemplated hereby and thereby (including, without limitation, the issuance of the Notes) do not, and will not, (i) conflict with or violate any pro...
Label: No Conflicts
a3bad8ff-8fe2-4bec-b0d0-d826fa01713d
Clause: This option is granted pursuant to the Plan, a copy of which the Participant acknowledges having received.  The provisions of the Plan are incorporated into this Agreement by this reference.  Terms used herein with an initial capital letter have the meanings assigned to such terms in the Plan unless a different...
Label: Defined Terms
c840b7c5-adc3-4437-9d11-a390f4e553c1
Clause: If the Obligation is paid in full in accordance with the terms of this Deed of Trust, the Note and the Loan Documents, and if Grantor shall well and truly perform all of Grantor’s covenants contained herein, then this conveyance shall become null and void and be released at Grantor’s request and expense and Ben...
Label: Releases
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Clause: The Company shall pay or reimburse Employee for all ordinary and reasonable out-of-pocket expenses actually incurred (and, in the case of reimbursement, paid) by Employee during the Employment Period in the performance of Employee’s services under this Agreement; provided that Employee submits proof of such exp...
Label: Expenses
3f0d04aa-a416-4a38-8218-cb3715ccd3d5
Clause: Upon a Change in Control, Grantee is entitled to receive payment for Vested Performance Shares in Common Shares (rounded down to the nearest whole Common Share) on the date of the Change in Control; provided , however , that if such Change in Control would not qualify as a permissible date of distribution under...
Label: Change In Control
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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 December28, 2016; p...
Label: Terminations
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Clause: No modification, amendment, or waiver of any of the provisions contained in this Agreement, or any future representations, promise, or condition in connection with the subject matter of this Agreement, shall be binding upon any Party to this Agreement unless made in writing and signed by such Party or by a duly...
Label: Modifications
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Clause: Each Guarantor irrevocably designates Borrower as the agent for such Guarantor for the purpose of receiving any notices, requests and other communications from Administrative Agent or any other Secured Party pursuant to this Guaranty and agrees that notices provided by Administrative Agent or any other Secured ...
Label: Notices
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Clause: Except as set forth in the Company SEC Documents, there is no action, suit, proceeding nor investigation pending or, to the Company’s knowledge, currently threatened against the Company that (a) if adversely determined would reasonably be expected to have a Material Adverse Effect or (b) would be required to be...
Label: Litigations
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Clause: All computations of fees and interest shall be made on the basis of a 360-day year and actual days elapsed. Interest shall accrue on each Loan for the day on which the Loan is made and shall not accrue on a Loan, or any portion thereof, for the day on which the Loan or such portion is paid; provided that any Lo...
Label: Fees
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Clause: Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity,...
Label: Severability
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Clause: In the absence of compliance with this provision, no attempted assigning or subletting or other transfer shall be of any force or effect whatsoever. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arb...
Label: Assignments
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Clause: A Party’s waiver of a breach of any provision of this Agreement will not operate or be construed as a waiver of any subsequent breach of the other Party. No failure or delay by any Party in exercising any right or remedy under this Agreement, and no course of dealing between the Parties, operates as a waiver of...
Label: Waivers
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Clause: This Agreement shall not become effective in any respect until the Revocation Period as set forth in Section 22(f) has expired without notice of revocation. In the absence of Employee’s revocation of this Agreement, the eighth day after Employee’s execution of this Agreement shall be the “ Effective Date ” of t...
Label: Effective Dates
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Clause: Each of the parties acknowledges and agrees that the other parties would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached or violated.  Accordingly, each of the parties agrees that, without posting a b...
Label: Specific Performance
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Clause: Other than as set forth in the 8-K Filing (as defined below), the Company confirms that neither it nor any other Person acting on its behalf has provided the Investor or its agents or counsel with any information that constitutes or could reasonably be expected to constitute material, nonpublic information. The...
Label: Disclosures
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Clause: Subject to the provisions of Section 6, the term of employment pursuant to this Agreement (the “Term”) shall be one (1) year from the Effective Date and shall be renewed automatically for periods of one ( 1) year commencing at the first anniversary of the Effective Date and on each subsequent anniversary therea...
Label: Terms
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Clause: EACH PARTY TO THIS AGREEMENT HEREBY IRREVOCABLY WAIVES TRIAL BY JURY IN ANY ACTION, SUIT OR PROCEEDING, WHETHER AT LAW OR EQUITY, BROUGHT BY ANY OF THEM IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. Task: Classify this clause into ONE of these types (exactly one label): Adjustments...
Label: Waiver Of Jury Trials
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Clause: This Agreement and exhibits attached hereto constitute the entire Agreement of the Partners and supersede all prior written agreements and prior and contemporaneous oral agreements, understandings and negotiations with respect to the subject matter hereof, except as otherwise set forth herein. Task: Classify t...
Label: Entire Agreements
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Clause: This Amendment may be executed in one or more counterparts and on telecopy or other electronically reproduced counterparts, each of which when so executed shall be deemed to be an original, but all of which when taken together shall constitute one and the same agreement. Delivery of an executed counterpart of a...
Label: Counterparts
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Clause: As of the date hereof, and immediately prior to and after giving effect to the issuance of each Loan hereunder and the use of the proceeds thereof, (a) the fair value of the Borrower's assets is greater than the amount of its liabilities (including disputed, contingent and unliquidated liabilities) as such valu...
Label: Solvency
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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 AGREEMENT, ANY OTHER LOAN DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TO...
Label: Waiver Of Jury Trials
cacde295-4220-4eb3-ac8d-6c20728eb644
Clause: The following terms shall have the following meanings for purposes of this Section 10. 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, Bas...
Label: Definitions
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Clause: This Agreement, may be executed in multiple counterparts, each of which individually constitutes an original, but all of which together will constitute one single agreement between the Parties.  The Parties agree that this Agreement shall be legally binding upon the electronic transmission, including by facsimi...
Label: Counterparts
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Clause: The Parties understand that no promise, inducement or other agreement not expressly contained herein has been made conferring any benefit upon them; that this Agreement contains the entire agreement between the Parties with respect to the subject matter hereof (except as provided in the following sentence), and...
Label: Entire Agreements
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Clause: All capitalized terms not otherwise defined in this Amendment #2 shall have the respective meanings set forth in the Agreement. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbitration, Assignments...
Label: Defined Terms
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Clause: Each Borrower will, and will cause each Subsidiary to, (a) comply with all laws, rules, regulations and orders of any Governmental Authority applicable to it or its property (including Environmental Laws) and (b) perform in all material respects its Contractual Obligations, in each case except where the failure...
Label: Compliance With Laws