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b2c51d0b-582b-4d0a-a31c-fadf80086bea
Clause: By its signature, each Person executing this Agreement on behalf of a party hereto represents and warrants to the other parties hereto that it is duly authorized to execute this Agreement. The Administrative Agent represents and warrants that this Agreement is binding upon the General Credit Facilities Secured ...
Label: Authorizations
5c2db198-3d6d-45fc-99cf-d4bd9145e649
Clause: This Agreement and the Loan shall be governed and interpreted in accordance with the laws 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, A...
Label: Governing Laws
578035cc-f22d-4ad2-aeb7-2a069b0e518f
Clause: During the Term of Employment, the Employee shall be entitled to vacation of four (4) weeks per year. 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, Auth...
Label: Vacations
c01b3e38-6e9b-48fe-8492-74280092ff93
Clause: The Committee may make equitable and proportionate adjustments in the terms and conditions of, and the criteria (including any performance criteria set forth on Exhibit A ) included in, this Award in recognition of unusual or nonrecurring events (and shall make adjustments for the events described in Section 4....
Label: Adjustments
406c9aaa-44b9-4cc3-97e0-136de44aa6ee
Clause: Borrower shall not permit or suffer the occurrence of any event nor allow any Subsidiary or other Affiliate to knowingly permit or suffer the occurrence of any event which constitutes an event of default under any indenture or loan agreement or otherwise with respect to any indebtedness of the Borrower, the Ban...
Label: No Defaults
cf7f61b0-9cb8-43a6-b604-5f66a60c58bc
Clause: Whenever notice is required to be given under this Warrant, unless otherwise provided herein, such notice shall be given in accordance with Section 9(f) of the Securities Purchase Agreement. The Company shall provide the Holder with prompt written notice of all actions taken pursuant to this Warrant (other than...
Label: Notices
bf81b09c-30ea-4244-b0e2-776686aa39cb
Clause: The Borrower will not, nor will it permit any of its Subsidiaries to, in the Case, directly or indirectly, (i) seek, support, consent to or suffer to exist any modification, stay, vacation or amendment of any Lending Order or any other order of the Bankruptcy Court for which the Borrower obtained the Secured Pa...
Label: Authorizations
b7881fd1-fedf-4475-b571-92af1ecc31f6
Clause: Any payment to any Participant or Beneficiary in accordance with the provisions of the Plan shall, to the extent thereof, be in full satisfaction of all claims against the Plan Sponsor, the Plan Administrator and the Trustee under the Plan, and the Plan Administrator may require such Participant or Beneficiary,...
Label: Releases
d7d6340b-38a2-4952-9321-6f13211d8a2d
Clause: Neither this Agreement nor any of the rights, interests or obligations under this Agreement shall be assigned by any Party (whether by operation of Law or otherwise) without the prior written consent of the Debtors, the Requisite Consenting Second Lien Creditors, and the Requisite Commitment Parties, other than...
Label: Assignments
8ad0b0b9-1994-470c-b4c7-b578a531782e
Clause: This Agreement may be executed in two or more counterparts, all of which shall be considered one and the same agreement and shall become effective when two or more counterparts have been signed by each of the Parties and delivered to the other Parties (including by facsimile or via portable document format (.pd...
Label: Counterparts
4a0e0fcc-4749-405f-8cde-46aadf0580ae
Clause: This Agreement shall commence on the Effective Date and continue in full force for five (5) years thereafter, unless earlier terminated pursuant to the terms hereof. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Law...
Label: Terms
441d4821-9f08-48c4-a6d7-7b08cb8b396b
Clause: The terms and conditions of this Award Notice shall be binding upon and shall inure to the benefit of the Company and its successors and assigns. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbitr...
Label: Successors
93c5cd9a-0a85-472a-b3cd-a36c395b840c
Clause: Schedule 5.5 sets forth all of the material Intellectual Property Rights owned or used by SuckerPunch in connection with the Business. Except as set forth on Schedule 5.5 , the Intellectual Property Rights are owned free and clear of all Encumbrances or have been duly licensed for use by SuckerPunch and all per...
Label: Intellectual Property
01e1206a-f6c2-4ece-b604-1b392a26117c
Clause: If the Managing Member is removed as Managing Member in accordance with the provisions of this Article 3 or otherwise pursuant to the terms of this Agreement, and a replacement Managing Member has been selected by the Class A Member, or if the Class A Member has elected to exercise any of the remedies set forth...
Label: Cooperation
caa58152-cd4f-4f99-9419-83b31581fdaf
Clause: Buyer has the power and authority to execute, deliver, and perform its obligations under this Agreement and the other Transaction Documents. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbitration...
Label: Organizations
0491c1a3-fab4-4267-80f1-d73064fb620c
Clause: Notwithstanding any other provision of this Article IV, each Purchaser covenants that the Shares may be disposed of only pursuant to an effective registration statement under, and in compliance with the requirements of, the Securities Act, or pursuant to an available exemption from, or in a transaction not subj...
Label: Compliance With Laws
3f54a2e0-852b-4cd6-a8f5-ceab42f5cb89
Clause: The Investor acknowledges that the Company will use the proceeds received from the purchase of the Shares for general working capital purposes. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbitrat...
Label: Use Of Proceeds
d57633a6-f9ec-465b-814e-b230c15130aa
Clause: Deliver to Lender (i) a reasonably prompt report of any legal actions pending against Borrower that would reasonably be expected to result in damages or costs to Borrower of $2,500,000 or more; (ii) prompt notice of the occurrence of an Event of Default; and (iii) such other information Lender reasonably reques...
Label: Financial Statements
a1e74d2f-c1c8-45ad-8268-5fb2ec40ba72
Clause: The Plan shall be governed by and construed in accordance with the internal laws of the State of Delaware applicable to contracts made and performed wholly within the State of Delaware, without giving effect to the conflict of laws provisions thereof. EACH PARTICIPANT WHO ACCEPTS AN AWARD IRREVOCABLY WAIVES ALL...
Label: Governing Laws
2f265646-97db-4871-b5ff-bad14c19c269
Clause: THIS SCHEDULED SERVICES SGR SECURITY AGREEMENT HAS BEEN DELIVERED IN THE STATE OF NEW YORK, AND THIS SCHEDULED SERVICES SGR SECURITY AGREEMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THIS SCHEDULED SERVICES SGR SECURITY AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH...
Label: Governing Laws
1973e8d2-50fd-4adf-9de5-e0298d63a388
Clause: Notify Lender in writing promptly of any of the following that affects any Borrower: (a) the threat or commencement of any lawsuit, proceeding or investigation; (b) any pending or threatened labor dispute, strike or walkout; (c) any default under or termination of a material contract, License or other agreement...
Label: Notices
f1e68194-c8d2-4a60-83cd-37f6bc121347
Clause: Other than as permitted in Paragraph 3(d) above, you understand and agree that the terms and contents of this letter agreement, and the contents of the negotiations and discussions resulting in this letter agreement, shall be maintained as confidential by you, your agents and your representatives and none of th...
Label: Confidentiality
e0551586-6258-4359-81d4-2d926fa298f5
Clause: The Participant shall forfeit and disgorge to the Company any Awards granted or vested and any gains earned or accrued due to the exercise of Options or SARs or the sale of any Shares or the settlement of any Award to the extent required by Applicable Law or regulations in effect on or after the Effective Date,...
Label: Forfeitures
c236ced8-a0b3-491b-9fed-af1652f4ca45
Clause: All present or future federal, state, municipal or other lawful taxes applicable by reason of the sale of Substitute Energy shall be paid by Westmoreland. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approval...
Label: Taxes
88df43f5-0a80-4856-aaf6-6a788a140634
Clause: The provisions of Article 7 of the ABL/Term Loan Intercreditor Agreement will apply with like effect to this Lien Sharing and Priority Confirmation Joinder. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approv...
Label: Governing Laws
8b949314-4e1a-4dc0-8287-bf77e592aff0
Clause: This Agreement, together with the 2017 LTIP (the terms of which are made a part of this Agreement and are incorporated into this Agreement by reference), constitute the entire agreement between you and Delta with respect to the Award. Task: Classify this clause into ONE of these types (exactly one label): Adju...
Label: Entire Agreements
332d04b0-a5fe-4167-ad82-c5da9d3cbdba
Clause: All federal, state and other taxes, assessments and other governmental charges upon the Company, any of its Subsidiaries or any of their respective properties which are due and payable or claimed to be due have been paid to federal, state or local taxing authorities (including, without limitation, taxes on prop...
Label: Taxes
af81ec04-d101-4cce-98d9-9df315e5d8d7
Clause: As of the date hereof, the authorized common stock of the Company consists of 200,000,000 authorized shares of Common Stock, $0.0001 par value per share, of which 42,694,692 shares are issued and outstanding; and 5,550,673 shares are reserved for issuance upon conversion of the Note. All of such outstanding sha...
Label: Capitalization
409af691-2cb4-4019-9653-85e835c37208
Clause: All payments to be made by the Borrowers shall be made 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 the respective Lenders t...
Label: General
42184069-baf7-4533-b5dd-3e54a4649a9c
Clause: This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, email or other means of electronic transmission is deemed to have the same legal effect as delivery ...
Label: Counterparts
5c9ccadb-b059-46b1-9367-bab6fbf28e2d
Clause: Subject to and upon the terms and conditions set forth in this Agreement, at the Closing, the Company shall issue and sell to each Purchaser, and each Purchaser shall, severally and not jointly, purchase from the Company, such number of Units set forth opposite their respective names on Exhibit A , at a price p...
Label: Sales
bd8ecafa-802d-4bfd-ae9e-ce5a892dd6b4
Clause: This Agreement may only be amended or modified by an instrument in writing signed by each of the parties hereto.  No failure or delay on the part of either party to this Agreement in the exercise of any power or right, and no course of dealing between the parties hereto, shall operate as a waiver of such power ...
Label: Amendments
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Clause: If there is any dispute between the parties concerning any matter relating to this Agreement, the exclusive basis for adjudication of this Agreement (except with respect to the performance of the covenants and obligations as set forth in Article I II above) shall be by arbitration as detailed herein. Either par...
Label: Arbitration
52e3ec49-e86d-4dbd-b46f-844d4c9cde78
Clause: (a) Any and all payments made by or on behalf of a Loan Party under this Agreement or any other Loan Document shall be made free and clear of, and without deduction or withholding for or on account of, any Taxes; provided , that if a Loan Party, the Administrative Agent or any other applicable withholding agent...
Label: Taxes
4a8ff00a-e962-4f32-9efa-0b65ca848417
Clause: If the Consent is not obtained within forty five (45) days after the Effective Date, then either party may terminate this Sublease upon written notice at any time prior to Sublandlord obtaining the Consent. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendme...
Label: Terminations
1df2a1b1-0572-4347-bef4-62ae7c86afcd
Clause: All notices or other communications required or permitted to be given hereunder shall be in writing and shall be delivered by hand, facsimile, electronic mail or postage prepaid mail (registered or certified) or nationally recognized overnight courier service and shall be deemed given when so delivered by hand,...
Label: Notices
402975a3-e3f7-4b79-bb79-1d45239e56f3
Clause: Seller and Guarantor, as applicable, will promptly, and in any event within ten (10) days after service of process on any of the following, give to Administrative Agent notice of all litigation, actions, suits, arbitrations, investigations (including, without limitation, any of the foregoing which are threatene...
Label: Litigations
e351a42c-53cb-4f97-8a94-e7fb02b7cb5f
Clause: The Company or any Subsidiary thereof shall have the power and right to deduct or withhold, or require the Grantee to remit to the Company or any Subsidiary all federal, state, local or foreign taxes required by law to be withheld by the Company or a Subsidiary with respect to this Award.  The Grantee may be re...
Label: Withholdings
bd8f3d07-0ebb-455c-94bf-94b7d336f14e
Clause: Holdings  and its Subsidiaries have filed all Federal and state and other tax returns and reports required to be filed, and have paid all Federal and state and other taxes, assessments, fees and other governmental charges levied or imposed upon them or their properties, income or assets otherwise due and payabl...
Label: Taxes
8bf8efad-3de2-49f8-9c6a-a1b8eabbdfbe
Clause: The Purchaser has been duly organized and is validly existing and in good standing as a limited partnership under the laws of the State of Texas, with the power and authority to own its properties and to conduct its business as such properties are currently owned and such business is currently conducted, and ha...
Label: Organizations
b32e478f-7bda-474a-9f1b-187405c344ac
Clause: This Agreement, including its exhibits, constitutes the entire agreement between the parties concerning the subject matter hereof, and supersedes all prior or contemporaneous statements, representations, discussions, negotiations, and agreements, both oral and written. Task: Classify this clause into ONE of th...
Label: Entire Agreements
3f02eb3b-0b42-48c3-a8c7-5c412ebc370e
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 January 15, 2018; p...
Label: Terminations
454eaea3-95e0-403a-9b11-d6e5d04b7473
Clause: You will be employed pursuant to the terms of this letter agreement effective June 14, 2017 (the “Start Date”), to serve on a full-time basis as the Vice President of Finance. In this role, you will report to the Company’s Chief Executive Officer or his designee, and have such duties and responsibilities as are...
Label: Employment
a3c561c8-4dcb-4fb6-9da7-113f7b2d0490
Clause: No consent, approval, order or authorization of, or registration, qualification, designation, declaration or filing with, any federal, state or local governmental authority, on the part of any Expense Note Seller, is required in connection with the consummation of the transactions contemplated by this Agreement...
Label: Compliance With Laws
10b733fa-2d28-4e34-87c8-9fa11a8e8b9b
Clause: This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. Employee may not assign any right or obligation hereunder without CRCO’s prior written consent. CRCO may assign its rights and obligations here under to any successor in interest. Tas...
Label: Assignments
e57510e9-69c1-4608-81ad-9a912426e4d8
Clause: Except to the extent governed by applicable federal law, the validity, interpretation, construction and performance of this Option Agreement shall be governed by the laws of the State of Delaware as such laws are applied to agreements between Delaware residents entered into and to be performed entirely within t...
Label: Applicable Laws
9e48450c-aada-4d84-a19f-da9c4f977298
Clause: Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against the Guarantor, and without notice to or further assent by the Guarantor, any demand for payment of any of the Obligations made by the Administrative Agent may be rescinded by the Administrative Agent, and ...
Label: Amendments
9642bf69-af35-4782-a6f5-15b999467722
Clause: The audited Consolidated balance sheets of Holding and its Subsidiaries as of December 31, 2015, and the related statements of income, changes in shareholder’s equity, and changes in financial position for the periods ended on such dates, have been prepared in accordance with GAAP and present fairly in all mate...
Label: Financial Statements
6b187d92-13d4-4fca-8da0-5eaa2f57c2df
Clause: This Agreement shall inure to the benefit of and be binding upon the parties, their legal representatives and successors and assigns. However, the Executive's performance hereunder is personal to the Executive and shall not be assignable by the Executive. The Corporation may assign this Agreement and its rights...
Label: Successors
630bc259-b9c3-42d0-8124-e6c7ec544ed3
Clause: (a) All notices and other communications provided for hereunder shall, unless otherwise stated herein, be in writing (including facsimile communication) and shall be personally delivered or sent by certified mail, postage prepaid, via nationally recognized courier or by facsimile, to the intended party at the m...
Label: Notices
65961723-3159-48d2-b4c0-42530703d8dc
Clause: The proceeds of the Loans made on the Closing Date shall be used by the Borrower solely to (a) to fund any original issue discount and upfront fees payable under the Fee Letter, and (b) for the replacement, backstopping of or cash collateralization of any existing letters of credit of the Borrower set forth in ...
Label: Use Of Proceeds
ae7282ea-71a8-474e-a0f8-b8ab078599a2
Clause: This Agreement sets forth the entire agreement between the Parties, and fully supersedes any and all prior agreements, understandings, or representations between the Parties pertaining to Executive’s employment with Flowserve, the subject matter of this Agreement or any other term or condition of the relationsh...
Label: Entire Agreements
420baf00-7fa9-4b65-8fb6-1d3747f18ce8
Clause: All necessary consents, approvals and authorizations of all governmental authorities and other persons or entities required to be obtained by such Party in connection with this License Agreement have been obtained. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements,...
Label: Consents
6f21a8c6-685f-4019-b7bc-7775e2c40ff4
Clause: Borrower will file all tax returns and appropriate schedules attached thereto that are required to be filed under applicable law prior to the date of delinquency. Borrower will pay, prior to delinquency, all taxes, assessments and charges or levies imposed upon them or on any of their property or which any of t...
Label: Taxes
b4412751-bfec-4e9b-b6cd-8ff8e2e99aa5
Clause: (a) There are no actions, suits, proceedings or investigations by or before any arbitrator or Governmental Authority pending against or, to the knowledge of any Borrower, threatened against or affecting the Company or any of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determ...
Label: Litigations
c383b6d3-5a9d-4980-bbb1-c58f687d1752
Clause: Following the Term of Employment, the Executive shall give his assistance and cooperation willingly, upon reasonable advance notice with due consideration for his other business or personal comm itments, in any matter relating to his position with the Company, or his expertise or experience as the Company may r...
Label: Cooperation
1b5cda75-b786-453e-af99-4463b8ac668c
Clause: In addition and supplementary to other rights and remedies existing in its favor, the Company may apply to the court of law or equity of competent jurisdiction, without posting any bond, for specific performance and/or injunctive or other relief in order to enforce or prevent any violations of the provisions he...
Label: Remedies
1525f154-14bc-4411-9150-cedd2a73777a
Clause: Effective March 1, 2017, the Company shall pay the Executive a base salary (the “ Base Salary ”) at the annualized rate of $400,000, which shall be subject to customary withholdings and authorized deductions and be payable in equal installments in accordance with the Company’s customary payroll practices in pla...
Label: Base Salary
9c8a469d-f8f2-4305-aa3d-dbefaf87282a
Clause: During the Restricted Period, each Stockholder shall notify the Company in writing of any disposition or acquisition of Equity Securities by such Stockholder or any Specified Entity within two (2) Business Days after such disposition or acquisition. The filing by a Stockholder or a Specified Entity of a Form 4 ...
Label: Notices
335d7862-d32a-4268-8a04-d488f3a13262
Clause: The Company shall pay you at the rate of $50,000 per month during the Term, in monthly installments, payable on the first business day of each month during the Term. In addition, you will be entitled to reimbursement for all reasonable, documented expenses associated with your services requested by the Company ...
Label: Fees
d8ef2d70-333f-4479-97c5-e29943146070
Clause: No Loan Party nor any other Loan Party Subsidiary (a) is in violation of any applicable laws, rules, regulations, executive orders, or codes (including Environmental Laws) that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect, or (b) is subject to or in defa...
Label: Compliance With Laws
bc43d407-cca9-420d-beff-b43bcba8fc70
Clause: The Company and each of its Subsidiaries shall comply in all material respects with the requirements of all present and future applicable Laws. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbitrat...
Label: Compliance With Laws
d6fbf9b6-bded-40ee-887c-7ea55ee0d9c9
Clause: The Employee Retirement Income Security Act of 1974, as now in effect or as hereafter amended. All citations to sections of ERISA are to such sections as they may from time to time be amended or renumbered. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendme...
Label: Erisa
c701871e-2358-4db1-a0aa-4cbab3e3d8cf
Clause: All notices, demands requests, consents, approvals, and other communications required or permitted hereunder shall be in writing and, unless otherwise specified herein, shall be (i) personally served, (ii) deposited in the mail, registered or certified, return receipt requested, postage prepaid, (iii) delivered...
Label: Notices
d4628211-de89-479a-917c-8e6ff950f5a7
Clause: The capitalization of the Company is as set forth on Schedule 3.1(g) . The Company has not issued any capital stock since its most recently filed periodic report under the Exchange Act, other than pursuant to the public offering of Series A-1 Preferred and Series A-1 Warrants on or about January 17, 2017, the e...
Label: Capitalization
6afecca1-0c6f-4f37-a8ba-046817ebec8b
Clause: The term of Executive’s employment hereunder shall commence on March 20, 2017 (“Commencement Date”) and terminate on the two year anniversary of the Commencement Date (“Term”) unless terminated earlier as provided in this Agreement, or unless extended by mutual written agreement of the Company and Executive. Un...
Label: Terms
fba0a9fb-4ad2-4f9f-b13e-05b1b84c32cf
Clause: (a) The Borrower will, and will cause each other Loan Party to, execute any and all further documents, financing statements, agreements and instruments, and take all such further actions (including (i) the filing and recording of financing statements, fixture filings and other similar documents, (ii) conducting...
Label: Further Assurances
0c5a1e44-01f6-4547-93eb-66dc1cd24b28
Clause: Borrower (a) will maintain its legal organizational existence, (b) will maintain in full force and effect all material licenses, bonds, franchise, leases, trademarks and qualifications to do business, (c) will obtain or maintain all Proprietary Rights necessary or desirable to the conduct of its business, and (...
Label: Existence
d7957e49-ee32-4f13-9fab-2cb4827d8345
Clause: You agree that following your execution of this Agreement, at the Company’s request, you shall provide reasonable assistance and advise the Company in any investigation which may be performed by the Company or any governmental agency and any litigation in which the Company may become involved. Such assistance s...
Label: Cooperation
f169aedb-76d9-498e-89f6-56715fc09c03
Clause: If any provision of this Agreement or the other Loan Documents is held to be illegal, invalid or unenforceable, (a) the legality, validity and enforceability of the remaining provisions of this Agreement and the other Loan Documents shall not be affected or impaired thereby and (b) the parties shall endeavor in...
Label: Severability
7caf902b-088b-4312-a886-2c515d06d5d4
Clause: The Borrower will, and will cause each other Loan Party to, execute any and all further documents, financing statements, agreements and instruments, and take all such further actions (including the filing and recording of financing statements, fixture filings, Mortgages and other documents), which may be requir...
Label: Further Assurances
37854f48-fb85-42b0-9fd8-1389ad4f383d
Clause: Except as otherwise provided in clause (c)  of Section  9.10 , all notices and other communications provided under each Loan Document shall be in writing or by facsimile and addressed, delivered or transmitted, if to the Loan Parties, the Agents, a Lender or an Issuer, to the applicable Person at its address or...
Label: Notices
9ed04cff-c6ac-4090-ae97-cc49196ae0a6
Clause: All long-term borrowings by the Borrower from the Holder from January 28, 2016 and all payments on account of principal hereof shall be recorded by the Holder in its books and records and endorsed on the grid attached hereto and made a part hereof; provided, however, that no failure to keep or any error in such...
Label: Records
05b72741-5e90-40c5-b46e-8dccaa6df2a8
Clause: No waiver of any default or failure or delay to exercise any right or remedy by the holder of this Note shall operate as a waiver of any other default or of the same default in the future or as a waiver of any right or remedy with respect to the same or any other occurrence. Task: Classify this clause into ONE...
Label: No Waivers
a606d274-5c7b-44c9-82f1-e41369b25a52
Clause: None of the Company or any Subsidiary will enter into any Sale/Leaseback Transaction unless (a) the sale or transfer of the property thereunder is permitted under Section 6.05 (other than Section 6.05(e) ), (b) any Capital Lease Obligations arising in connection therewith are permitted under Section 6.01 and (c...
Label: Sales
599bc323-198e-4a96-9675-e014e6ca2b4d
Clause: Executive’s entitlement to the payments described in this Section 5 is expressly contingent upon Executive first providing the Company with a signed release in substantially the form attached hereto as Exhibit A (the “ Release ”). In order to be effective, such Release must be delivered by Executive to the Comp...
Label: Releases
52134b6d-9283-4114-8ca3-1d5dcbc15958
Clause: The closing of the purchase and sale of the Repurchased Notes (the “ Closing ”) will take place on the Business Day on which the Effective Time (as defined below) occurs or such date and time after the Effective Time as shall be mutually agreed to by the Parties (the “ Closing Date ”). The Closing will take pla...
Label: Closings
f4340ed1-f331-4712-ade9-d969cec349b9
Clause: The Borrower shall have deposited $2,500 with Willkie Farr & Gallagher LLP, counsel for the Administrative Agent, to be held by such counsel and applied toward payment of costs and expenses for recordation of the Security Documents, as provided pursuant to Section 10.3. If such deposit exceeds the amount of suc...
Label: Expenses
a9c2d098-c489-4655-8faa-ac3688869364
Clause: In order to induce Purchasers and Agent to execute and deliver this Amendment, Seller hereby represents to Purchasers and Agent that as of the date hereof, (i) Seller is in full compliance with all of the terms and conditions of the Program Documents and remains bound by the terms thereof, and (ii) no Default o...
Label: Representations
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Clause: Order” solely because of the possibility that a motion under Rules 59 or 60 of the Federal Rules of Civil Procedure or any analogous Bankruptcy Rule (or any analogous rules applicable in another court of competent jurisdiction) or sections 502(j) or 1144 of the Bankruptcy Code has been or may be filed with resp...
Label: Defined Terms
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Clause: All representations and warranties of the Debtors contained in this Agreement shall survive the execution and delivery of this Agreement. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbitration, A...
Label: Warranties
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Clause: This Agreement may be terminated at any time prior to the Closing (a) by the mutual written consent of Buyer and Seller or (b) by either Buyer or Seller if (i) a breach of any provision of this Agreement has been committed by the other Party and such breach has not been cured within 30 days following receipt by...
Label: Terminations
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Clause: The parties hereto agree that irreparable damage would occur if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. Accordingly each party to this Agreement (a) shall be entitled to an injunction or injunctions, specific performance and ...
Label: Specific Performance
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Clause: The execution, delivery and performance by each Credit Party of the Operative Documents to which it is a party (a) are within its powers, (b) have been duly authorized by all necessary action pursuant to its Organizational Documents, (c) require no further action by or in respect of, or filing with, any Governm...
Label: Organizations
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Clause: The parties hereto acknowledge and agree that the form and timing of the Separation Amount and the other payments and benefits to be provided pursuant to this Agreement are intended to comply with or be exempt from one or more exceptions to the requirements of Section 409A. The parties hereto further acknowledg...
Label: Taxes
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Clause: This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original version of the Agreement. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbitration, Assig...
Label: Counterparts
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Clause: At any time, and from time to time after executing this Agreement, the Associate will execute such additional instruments and take such actions as may be reasonably requested by the Company to confirm or perfect or otherwise to carry out the intent and purpose of this Agreement. Task: Classify this clause into...
Label: Further Assurances
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Clause: In the event the Corporation terminates the Grantee’s employment or the Grantee terminates his employment on his or her own initiative prior to the Vesting Date, all Restricted Units that have not previously been forfeited on such date shall be immediately forfeited to the Corporation. Task: Classify this clau...
Label: Forfeitures
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Clause: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and will supersede all previous negotiations, commitments, and writings with respect to such subject matter, other than the Restrictive Agreements. Task: Classify this clause into ONE of these types (e...
Label: Entire Agreements
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Clause: Provided that you are an employee as of the applicable date, this Award will vest as indicated in the Award Memorandum, and, subject to any deferral election then in effect, the Shares subject to this Award will be issued as indicated in this Agreement. Task: Classify this clause into ONE of these types (exact...
Label: Vesting
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Clause: Promptly upon the reasonable request by the Administrative Agent or the Collateral Agent, (i) correct any material defect or error that may be discovered in any Loan Document or in the execution, acknowledgment, filing or recordation of any Security Document or other filing, document or instrument relating to C...
Label: Further Assurances
78d9f93d-f972-4477-b2d6-36539ee755fb
Clause: (a) The Borrower agrees to pay to the Administrative Agent for the account of each Revolving Lender a facility fee, which shall accrue at the Applicable Rate set forth under the caption “Facility Fee Rate” in the definition of such term on the daily amount of the Revolving Commitment of such Lender (whether use...
Label: Fees
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Clause: No Loan Party will enter into any arrangement, directly or indirectly, whereby it shall sell or transfer any property, real or personal, used or useful in its business, whether now owned or hereafter acquired, and thereafter rent or lease such property or other property that it intends to use for substantially ...
Label: Sales
0baf5161-07e3-4cf1-9544-9fdf29f91317
Clause: Capitalized terms not specifically defined in this Agreement have the meanings specified in the Grant Notice or, if not defined in the Grant Notice, in the Plan. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, A...
Label: Definitions
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Clause: Executive shall receive a base salary during the Term of $454,750 per annum (such base salary, as it may be increased from time to time, the “ Base Salary ”), which amount may be increased (but not decreased) at the discretion of the Committee. The Base Salary shall be paid to Executive by the Company in accord...
Label: Base Salary
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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
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Clause: The Borrowers shall pay all Taxes and Other Charges now or hereafter levied or assessed or imposed against the Properties, or any part thereof, prior to the same becoming due and payable; provided , however , the Borrowers’ obligation to directly pay Taxes shall be suspended for so long as the Borrowers comply ...
Label: Taxes
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Clause: Subject to the provisions of the Warrant and this Warrant Agreement, a Warrant may be exercised in whole or in part so long as any exercise in part hereof would not involve the issuance of fractional shares of Common Stock by the registered holder thereof by surrendering it, at the office of the Company with th...
Label: Payments
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Clause: The parties to each assignment shall execute and deliver to the Administrative Agent an Assignment and Assumption, together with a processing and recordation fee of $3,500; provided that the Administrative Agent may, in its sole discretion, elect to waive such processing and recordation fee in the case of any a...
Label: Assignments
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Clause: No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by Executive and by an authorized director or officer of the Company (other than Executive). No waiver by either party of any breach of, or of compliance with, a...
Label: Waivers