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e1db40c2-f7e0-4b81-b4fb-46abd22fe338
Clause: In the event any one or more of the provisions contained in this Agreement 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 further agree that ...
Label: Severability
be7375e3-499e-4d30-96d1-8b8d582c258e
Clause: This Second Amendment is effective as of the date first set forth above. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbitration, Assignments, Assigns, Authority, Authorizations, Base Salary, Bene...
Label: Effective Dates
72a1c5d9-af48-48da-bbd6-2997f3d73295
Clause: No delay on the part of the Lender in the exercise of any right, power or remedy shall operate as a waiver thereof, nor shall any single or partial exercise by the Lender of any right, power or remedy preclude the further exercise thereof, or the exercise of any other right, power or remedy. Task: Classify thi...
Label: Waivers
4ba5ec51-36bf-498b-8a5a-535f5e9e2cc2
Clause: The Administrative Agent shall have received (i) a certificate executed by a Responsible Officer of the Borrower as of the Closing Date, in form and substance satisfactory to the Administrative Agent, regarding the Solvency of each of the Loan Parties on a consolidated basis. Task: Classify this clause into ON...
Label: Solvency
30524a0c-14d3-4bdb-829f-b2f819608eaa
Clause: Each of (x) the First Lien Administrative Agent, for itself and on behalf of the other First Lien Secured Parties, (y) the Second Lien Collateral Agent, for itself and on behalf of the other Second Lien Secured Parties and (z) the Borrower, for itself and on behalf of its Subsidiaries that are Grantors, agrees ...
Label: Further Assurances
8f7b957b-719b-4754-b4b8-655cd81f469b
Clause: Any notice or communication required to be in writing hereunder shall be given by any of the following means: registered, certified, or first class mail or ground or air courier, or mutually agreed electronic means such as email and PDF. Such notice or communication shall be sent to the respective Parties at th...
Label: Notices
2c6d086c-35c3-4d05-9e35-39f285f312a3
Clause: The execution, delivery and performance of this Agreement and the other Loan Documents to which any of the Loan Parties is a party and the transactions contemplated hereby and thereby (i) are within the corporate or other organizational authority of the Loan Parties, (ii) have been duly authorized by all necess...
Label: Authorizations
20b30eb0-ca94-4cff-927b-c29abd0562a8
Clause: The Participant hereby agrees to make adequate provision for any sums required to satisfy the applicable federal, state, local or foreign employment, social insurance, payroll, income or other tax withholding obligations (the “ Withholding Obligations ”) that arise in connection with this Agreement. The Company...
Label: Taxes
652aef9b-5807-499e-bc85-7986e4d57d8f
Clause: This Agreement shall become effective when it shall have been executed and delivered by the Borrower and the Administrative Agent and when the Administrative Agent shall have received copies hereof which, when taken together, bear the signatures of each of the other parties hereto, and thereafter shall be bindi...
Label: Binding Effects
8d3e82ad-5c13-4fe3-bf26-4cf8f49695c2
Clause: Any dispute, disagreement or other question arising under this Agreement or the interpretation thereof shall be settled by final and binding arbitration before a single arbitrator under the arbitration provisions of the Employment Dispute Resolution Rules of the American Arbitration Association then in effect, ...
Label: Arbitration
923e87ba-104d-4917-a764-f8d04e7059ee
Clause: Except as expressly amended hereby, the Sublease remains in full force and effect in accordance   with its terms. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbitration, Assignments, Assigns, Aut...
Label: Binding Effects
df154d3a-89e3-4bd5-a742-006ecc2203e3
Clause: This Agreement shall be binding upon and inure to the benefit of the parties hereto, and their respective heirs, devisees, personal representatives, successors and assigns. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applica...
Label: Binding Effects
9e7c23ae-2fa7-49fe-8738-479ce0a1d102
Clause: The provisions of this Agreement are severable. If any provision(s) of this Agreement are adjudged void, unenforceable or contrary to law, the balance of the Agreement nonetheless will remain in full force and effect. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreemen...
Label: Severability
8746aff5-e2f5-4fba-a591-8a357dc09770
Clause: This Agreement contains the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all written or verbal representations, warranties, commitments and other understandings with respect to the subject matter of this Agreement prior to the date of this Agreement, i...
Label: Entire Agreements
fe06d066-5209-4205-8ec0-3a68b0f12f8d
Clause: Each Note Party and each Holder hereby acknowledge and agree that Agent and/or its Affiliates and their respective Related Funds from time to time may hold investments in, and make loans to, or have other relationships with any of the Note Parties and their respective Affiliates, including the ownership, purcha...
Label: Disclosures
66a54434-3899-44b9-9908-d81325f85379
Clause: This Agreement constitutes the entire agreement of the parties with respect to the subject matter of this Agreement and supersedes all prior agreements and undertakings, both written and oral, between the parties, or any of them, with respect to the subject matter of this Agreement (but does not in any way merg...
Label: Entire Agreements
c3199e72-1bd2-4eb6-b281-8f2ba7e62999
Clause: You will be eligible to participate in any associate benefit plan that the Company has adopted or may adopt, maintain, or contribute to for the benefit of its regular exempt employees generally, subject to satisfying any applicable eligibility requirements. You will be eligible to participate in our comprehensi...
Label: Benefits
e5f2c3d7-48aa-4740-9927-2a2f2ec3ca2a
Clause: Landlord and Tenant hereby warrant to each other that they have had no dealings with any real estate broker or agent in connection with the negotiation of this Sixth Amendment, and that they know of no real estate broker or agent who is entitled to a commission in connection with this Sixth Amendment. Each part...
Label: Brokers
2f9724c9-590d-4887-afc3-775178c2fdf2
Clause: Subject to entry of the Sale Order, this Agreement and all documents required hereby to be executed by Seller are and shall be valid, legally binding obligations of and enforceable against Seller in accordance with their terms except to the extent that such enforcement may be limited by applicable principles re...
Label: Enforceability
3870531c-f28f-49d9-aa47-9fd4ec986059
Clause: If any provision of this Note is invalid, illegal or unenforceable, the balance of this Note shall remain in effect, and if any provision is inapplicable to any Person or circumstance, it shall nevertheless remain applicable to all other Persons and circumstances. If it shall be found that any interest or other...
Label: Severability
a505cbcc-1469-48a2-ac6c-3a533dbab88b
Clause: The validity, construction, and performance of this Agreement shall be governed by and in accordance with the internal laws of the State of Missouri. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Ar...
Label: Governing Laws
c1b8d663-d73c-45e6-b84b-7838216b9f72
Clause: The Company anticipates using the gross proceeds from the Offering as set forth on Exhibit D or as otherwise agreed to be the lead investor set forth on Exhibit E , attached hereto (the “ Lead Investor ”. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendment...
Label: Use Of Proceeds
3ada2a9b-a7e8-407a-a338-c107e8b1cb71
Clause: Neither Company has engaged any investment banker, finder, broker or sales agent or any other Person in connection with the origin, negotiation, execution, delivery or performance of any Transaction Document to which it is a party, or the Transactions. Task: Classify this clause into ONE of these types (exactl...
Label: Brokers
27c097d8-c620-4faf-866b-e83a491274d1
Clause: The Partnership maintains insurance covering the properties, operations, personnel and businesses of the Rhino Entities. Such insurance insures against such losses and risks as are reasonably adequate to protect the Rhino Entities and their businesses. None of the Rhino Entities has received notice from any ins...
Label: Insurances
b5135075-b9dd-4aad-889e-8bad41321a40
Clause: This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to principles of conflict of laws. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws...
Label: Governing Laws
1dc9718d-c62d-410a-82e5-9719c68e4f50
Clause: The Plan, this Agreement and the Grant Notice (including any exhibit hereto) constitute the entire agreement of the parties and supersede in their entirety all prior undertakings and agreements of the Company and Holder with respect to the subject matter hereof, including without limitation, the provisions of a...
Label: Entire Agreements
40e90bea-3bf4-4393-a1d7-9ba68d13c0bc
Clause: During the Term, the Executive shall serve as the Chief Executive Officer of the Company with duties, responsibilities and authority commensurate therewith and shall report to the Board of Directors of the Company (the “ Board ”). The Executive shall perform all duties and accept all responsibilities incident t...
Label: Duties
5b4d4867-62ed-46d1-a0bd-c058ecf1332f
Clause: Executive’s receipt of any payments and benefits pursuant to this Agreement (other than the payments and benefits pursuant to Sections 2.l(a), 2.1(b) and 3 (the “Accrued Obligations”)) is subject to Executive’s executing this Agreement and not revoking the release set forth in Section 5; provided that the relea...
Label: Releases
4c7768bf-d5e7-4ab9-8527-ec8f202d57a9
Clause: The execution, delivery and performance by the Company of this Agreement and the other Transaction Documents to which it is a party, the issuance and sale of the Securities and the consummation by it of the transactions contemplated hereby and thereby do not and will not (i) conflict with or violate any provisi...
Label: No Conflicts
3054afc5-dd0a-4132-a764-4cfbf5652b14
Clause: The Principal Holder agrees not to commence, join in, facilitate, assist or encourage, and agrees to take all actions necessary to opt out of any class in any class action with respect to, any claim or Proceeding against Parent, Purchaser, the Company or any of their respective directors or officers related to ...
Label: Litigations
3e0e6ed3-b326-4c4e-bff9-eaa2d5ca216d
Clause: Employee acknowledges and agrees that it is impossible to measure in money the damages which will accrue to SDSP if Employee breaches any of Employee's obligations under Sections 12, 13, 14 or 15 above, and that SDSP would be irreparably damaged by such breach by Employee. Accordingly, if any action or proceedi...
Label: Remedies
b11357e1-045d-423a-874f-e4b12b16cbd7
Clause: Executive agrees, upon Atmos Energy’s reasonable request, to cooperate in any investigations and/or litigations, claims, or other disputed matters regarding events that occurred during Executive’s employment with Atmos Energy. Executive will be entitled to indemnity by Atmos Energy with respect to any claims as...
Label: Cooperation
5aac7ba4-4e45-4f5d-8b51-98c1186f252d
Clause: This Pledge Agreement Supplement shall be governed by, and construed 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, As...
Label: Governing Laws
8642c3e5-6e72-4bd5-893f-83829667a64f
Clause: The Company will use the proceeds from the sale of the Securities (excluding amounts paid or to be paid by the Company for fees as set forth in the Registered Offering Transaction Documents, if any) for general corporate and working capital purposes and acquisitions or assets, businesses or operations or for ot...
Label: Use Of Proceeds
2443bbce-5166-43d5-9ffc-7172750298e5
Clause: Each of the Administrative Agent, the Class Investors and the Class Agents agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its and its Affiliates' respective partners, directors, officers, employees, agents, advi...
Label: Confidentiality
686fe48c-65ea-461a-ba37-5bbd01307034
Clause: No right conferred upon the Employee by this Agreement is intended to be exclusive of any other right or remedy, and each and every such right or remedy shall be cumulative and shall be in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity. No delay or omissio...
Label: No Waivers
0d861f1c-2ff8-4235-879d-19916dfb9595
Clause: ZAI shall have the sole right to and responsibility for the Commercialization of Licensed Products in the ZAI Territory, including manufacturing, selling, distributing and invoicing Licensed Products and would book one hundred percent (100%) of the sales, in the ZAI Territory.  ZAI shall use Commercially Reason...
Label: General
94ca7850-70e6-4548-a79b-de521d6068d9
Clause: Indemnitee shall give the Company notice in writing as soon as practicable of any Proceeding for which indemnification or advancement of Expenses will or could be sought under this Agreement, provided that any failure or delay in giving such notice shall not relieve the Company of its obligations under this Agr...
Label: Cooperation
78ad7ba5-c94f-45cd-96bf-2042c6b0d5f1
Clause: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same Agreement. Delivery of an executed counterpart of this Agreement by facsimile or email shall be equally as effective as delivery of an original execut...
Label: Counterparts
fe741756-beb4-4879-bd2d-c9785799a956
Clause: This Assignment and any of the provisions hereof may not be amended or modified except by an instrument in writing and signed by each party hereto. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbi...
Label: Amendments
6c64a103-7199-474a-a974-5249bde6d04a
Clause: The term "Mortgagor" as used in this Mortgage will be construed as singular or plural to correspond with the number of Persons executing this Mortgage as Mortgagor. If more than one Person executes this Mortgage as Mortgagor, his, her, its, or their duties and liabilities under this Mortgage will be joint and s...
Label: Terms
352ac326-3201-43f1-9cd8-794b95cb4385
Clause: The Warrant Agent shall account to the Company with respect to Warrants exercised or converted and pay to the Company all moneys received by the Warrant Agent on behalf of the Company on the purchase of Warrant Shares through the exercise of Warrants pursuant to the procedures set forth in Section 5(f)(v). The ...
Label: Payments
1269ea67-8e40-499f-a200-b59023e4c260
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 such Lender hereby acquires from such Issuing Bank, a par...
Label: Participations
4419e459-f2b6-4f5f-886b-8a9bb3e67b4c
Clause: The services and duties to be performed by the Executive hereunder are personal and may not be assigned or delegated. This Agreement shall be binding upon and inure to the benefit of the Company, its successors and assigns, and the Executive, the Executive's heirs and representatives. Task: Classify this claus...
Label: Successors
9651a51c-1f32-457f-94ac-c8d0700f97de
Clause: Except as otherwise provided in this Agreement, the Recipient shall have, with respect to all of the shares of Restricted Stock, whether Vested Shares or Non-Vested Shares, all of the rights of a holder of shares of common stock of the Company, including without limitation (i) the right to vote such Restricted ...
Label: General
e7497ce3-154f-44dd-a6c3-4ca0b81ca725
Clause: On the Closing Date, upon the terms and subject to the conditions set forth herein, substantially concurrent with the execution and delivery of this Agreement by the parties hereto, the Company agrees to sell, and the Purchasers, severally and not jointly, agree to purchase, up to an aggregate of $14,175,000 of...
Label: Closings
e17b0791-0eb4-4b05-8c39-609200de0ae6
Clause: Borrower hereby agrees from time to time, as and when requested by the Agent or any Lender, to execute and deliver or cause to be executed and delivered, all such documents, instruments and agreements and to take or cause to be taken such further or other action as the Agent or such Lender may reasonably deem n...
Label: Further Assurances
11086ccb-8f8b-47d3-a113-e7bb7356e14c
Clause: This Agreement and the performance of the parties hereunder shall be governed by the internal laws (and not the law of conflicts) of the State of Colorado. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approva...
Label: Governing Laws
907237bc-3524-4512-b2f4-baacc9527772
Clause: This Letter Agreement shall not be assignable by operation of law or otherwise without the written consent of the non-assigning parties hereto. Any purported assignment in violation of this Letter Agreement is void. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements...
Label: Assignments
c22b4b86-1074-4a37-8872-d6aff2f5e808
Clause: (i) Keep all of its insurable properties adequately insured at all times with responsible insurance carriers or self-insured against loss or damage by fire and other hazards as are customarily insured against by similar businesses owning such properties similarly situated, (ii) maintain general public liability...
Label: Insurances
f9dceefa-fc4d-4eb3-a8b5-f9ea6a1ac38d
Clause: Borrower agrees to pay to WFS the fees in the amounts previously agreed with WFS, at the times when due and payable, in accordance with the terms thereof. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approval...
Label: Fees
ddd901c3-275f-4a89-8e2f-fe310ba9030d
Clause: THIS AMENDMENT SHALL BE GOVERNED BY AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH THE LAW OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ITS PRINCIPLES OR RULES OF CONFLICT OF LAWS TO THE EXTENT SUCH PRINCIPLES OR RULES ARE NOT MANDATORILY APPLICABLE BY STATUTE AND WOULD REQUIRE OR PERMIT THE APPLICATION ...
Label: Applicable Laws
48a9c4e7-c254-426e-8090-f34d2726217d
Clause: This Amendment constitutes a legal, valid and binding obligation of Borrower, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether ...
Label: Enforceability
82e95931-a9ab-4f3d-b198-143dac60fafd
Clause: Upon the date of the issuance or increase of a Letter of Credit or the deemed issuance of the Existing Letters of Credit under Section 2.3(a) , Issuing Lender shall be deemed to have sold to each other Lender and each other Lender shall have been deemed to have purchased from Issuing Lender a participation in t...
Label: Participations
664b699f-6d8b-44f6-afe2-e90f2367aa86
Clause: Notwithstanding the foregoing and subject to Section 5 of the 2017 LTIP, upon a Participant’s Termination of Employment by the Company without Cause or by the Participant for Good Reason on or after a Change in Control (whether prior to or on or after October 1, 2017) but prior to the second anniversary of such...
Label: Change In Control
3ea489a3-2a11-44b3-bc5a-a9c15953ff5f
Clause: All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed to have been duly given if delivered by hand or mailed, certified or registered mail, return receipt requested, with postage prepaid, to the following addresses or to such other address as either party may ...
Label: Notices
5c88a8b1-e993-471b-818b-ed57857c1e03
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
b5c62935-e7dd-4c10-96ad-1d96f07d4ce3
Clause: The provisions of this Subparagraph 4(e) shall survive the Closing. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbitration, Assignments, Assigns, Authority, Authorizations, Base Salary, Benefits,...
Label: Survival
2ab698c8-9d59-4d43-afa8-a66d4a15758b
Clause: Borrower has obtained insurance policies reflecting the insurance coverages as set forth and certified to Lender in the Officer’s Certificate, and such list accurately reflects the insurance coverage maintained with respect to each of the Properties. All premiums on such insurance policies required to be paid a...
Label: Insurances
218d48f2-978e-4324-8c69-cec317a230ea
Clause: To the fullest extent permitted by applicable law, each party to this agreement hereby irrevocably waives all right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this agreement. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agree...
Label: Waiver Of Jury Trials
34c78211-9c82-4c37-9fd0-e2684c6aef54
Clause: This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which when taken together shall constitute one and the same instrument. Delivery of a counterpart signa...
Label: Counterparts
7df4d490-601c-4c47-b298-60b067d10a48
Clause: The Buyer is a Nevada corporation duly organized, validly existing and in good standing under the laws of the State of Nevada. The Buyer: (a) has all requisite power and authority, and has (or will at the Closing have) all governmental licenses, authorizations, consents and approvals, necessary to own its asset...
Label: Organizations
9f0621af-b7c4-469d-ba3a-9ea32f9d9843
Clause: Except as specified in Schedule 7.06 (as amended from time to time in accordance with Section 7.20 solely for purposes of each Compliance Certificate),  there is no litigation, investigation or proceeding pending or, to any Obligor’s Knowledge, threatened with respect to Borrower and its Subsidiaries by or befo...
Label: Litigations
e55e0620-1b0a-4a52-b58f-1d7a93735aaf
Clause: The Administrator may grant Options or Stock Appreciation Rights to Service Providers subject to the limitations in the Plan, including Section 9.9 with respect to Incentive Stock Options.  The Administrator will determine the number of Shares covered by each Option and Stock Appreciation Right, the exercise pr...
Label: General
100906bf-727e-4c03-a215-d1600c121503
Clause: This Agreement shall become effective immediately prior to the Closing of the Transaction, contingent upon the completion of the Transaction. If the Transaction is not consummated, the Options will not be canceled, will remain in full force and effect pursuant to their terms (including vesting requirements with...
Label: Effectiveness
2d17c2fe-ea01-4570-bc76-7073a6eafcdf
Clause: Any notice required to be given or delivered to the Company under the terms of this Award Agreement shall be in writing and addressed to the Company at its principal corporate offices. Any notice required to be given or delivered to the Participant shall be in writing and addressed to the Participant at the add...
Label: Notices
356500ce-4f2a-4d64-b757-806b066bc770
Clause: No action or want of action on the part of any Party at any time to execute any rights or remedies conferred upon it under this Agreement shall be, or shall be asserted to be , a waiver on the part of any party hereto of its rights or remedies hereunder. Task: Classify this clause into ONE of these types (exac...
Label: No Waivers
c39d52c5-bcd7-49ce-9900-e4c7504e020d
Clause: NBHC shall reasonably determine the amount of any federal, state, local, or other income, employment, or other taxes that NBHC or any of its Subsidiaries may reasonably be obligated to withhold with respect to the grant, vesting, settlement, or other event with respect to the PSUs.  NBHC’s obligation to deliver...
Label: Tax Withholdings
e7127d22-545f-4ecb-9f5b-7f175f20b7a8
Clause: No action, suit or proceeding shall have been instituted before any court or governmental or regulatory body or instituted or threatened by any governmental or regulatory body to restrain, modify or prevent the carrying out of the Transactions or to seek damages or a discovery order in connection with such Tran...
Label: Litigations
ae7d1eec-6893-4db7-8c2e-dc09e260c3c2
Clause: This Agreement shall be construed and interpreted under the laws of the State of California, USA, except that questions affecting the construction and effect of any patent within the Licensed Patents under the Exclusive Agreement shall be determined by the applicable law of the country or jurisdiction in which ...
Label: Governing Laws
2f03fc4c-9e90-4d3a-85b9-2bfc937c115d
Clause: THIS INCREMENTAL AMENDMENT NO. 2 AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK. SECTION 10.22 OF THE CREDIT AGREEMENT IS HEREBY INCORPORATED BY REFERENCE INTO THIS INCREMENTAL AMENDMENT NO. 2 AND ...
Label: Governing Laws
82facd60-2303-4477-bd53-4b66179a1409
Clause: In consideration of each Buyer’s execution and delivery of the Transaction Documents and acquiring the Securities thereunder and in addition to all of the Company’s other obligations under the Transaction Documents, the Company shall defend, protect, indemnify and hold harmless each Buyer and each holder of any...
Label: Indemnifications
454513c6-62ac-41bb-91fc-69f246d82ff7
Clause: Execute, acknowledge and deliver, or cause to be executed, acknowledged or delivered, any and all such further assurances and other agreements or instruments, and take or cause to be taken all such other action, as shall be requested by Lender from time to time to give full effect to the Loan Documents and the ...
Label: Further Assurances
585f7f7d-6c22-4775-8eb7-955bf3f7d73d
Clause: This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute but one and the same instrument. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Ap...
Label: Counterparts
8525c59e-379d-4ad6-9ad3-da56b70fb653
Clause: Shares acquired by Optionee under this Agreement shall be subject to policies established and amended from time to time by the Committee regarding the recovery of erroneously awarded compensation. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-...
Label: Forfeitures
ccaf1f34-3905-4c1a-a0fc-d626cee64947
Clause: EACH PARTY TO THIS AGREEMENT HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE RELATED DOCUMENTS AND THE TRANSACTIONS CONTEMPLATED HEREBY AND THEREBY. Task: Classify this cla...
Label: Waiver Of Jury Trials
261672ae-68fd-4486-9f9d-f0aa1bba6e9f
Clause: This Letter of Guarantee shall be binding on, and shall inure to the benefit of the Guarantor, the Bank and their respective successors and assigns; provided that the Guarantor may not assign or transfer its rights or obligations under this Letter of Guarantee. Without limiting the generality of the foregoing: ...
Label: Assignments
eaa54147-e8ef-4212-af31-559bf7aae54f
Clause: This Agreement (and all controversies which may arise between the parties related to or arising from this Agreement) is governed by the laws of the State of  New York, without regard to conflicts of law principles. The parties agree that the exclusive venue for disputes under this Agreement shall be the state a...
Label: Assignments
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Clause: As of the Cutoff Date, the 2017-3 Lease Agreement is not a Liquidated Lease, a Defaulted Lease or a Delinquent Lease and, except as permitted in this paragraph, to the best of the Seller’s and Servicer’s knowledge, no default, breach, violation or event permitting acceleration under its terms has occurred; and ...
Label: No Defaults
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Clause: In the event that the payments and benefits (the “ Payments ”) paid or provided to Executive under this Agreement or otherwise (a) constitute “parachute payments” within the meaning of Section 280G of the Code (“ Section  280G ”), and (b) but for this Section 5, would be subject to the excise tax imposed by Sec...
Label: General
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Clause: Except as amended herein, the Warrant shall remain in full force and effect. This Amendment may be executed in any number of facsimile counterparts, each of which shall be an original, but which together constitute one and the same instrument. This Amendment may be executed and delivered by facsimile. Task: Cl...
Label: Miscellaneous
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Clause: The proceeds of the Loans are to be used solely for the purposes set forth in and permitted by Section 7.07 . No Co-Borrower is generally engaged in the business of purchasing or selling Margin Stock or extending credit for the purpose of purchasing or carrying Margin Stock, and none of the proceeds of the Loan...
Label: Use Of Proceeds
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Clause: THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED, INTERPRETED AND ENFORCED ACCORDING TO, THE LAWS OF THE STATE OF NEVADA, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS PROVISIONS THEREOF AND SHALL BE BINDING UPON THE PARTIES HERETO AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. In the event any claim arising...
Label: Jurisdictions
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Clause: Each of the Company and the 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 (a) Taxes that are being contested in good faith by appropriate proceedings and for which t...
Label: Taxes
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Clause: Interest is payable monthly on the Payment Date of each month and shall be computed on the basis of a three hundred sixty (360) day year for the actual number of days elapsed.  In computing interest, (i) all payments received after 12:00 p.m. Pacific time on any day shall be deemed received at the opening of bu...
Label: Payments
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Clause: The Company agrees to indemnify and hold harmless each Investor and its Affiliates and their respective directors, officers, members, managers, agents and employees, and their respective successors and assigns, from and against any and all losses, claims, damages, liabilities and expenses (including without lim...
Label: Indemnifications
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Clause: This Agreement may be executed in two or more identical counterparts, all of which shall be considered one and the same agreement and shall become effective when counterparts have been signed by each party and delivered to the other parties; provided that a facsimile or portable document format (“ PDF ”) signat...
Label: Counterparts
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Clause: Each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Obligations made by the Administrative Agent or any other Secured Party may be rescinded by...
Label: Amendments
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Clause: Neither the Company nor Seller has dealt with any agent, finder, broker or other Representative in any manner which could result in the Buyer being liable for any fee or commission in the nature of a finder’s fee or originator’s fee in connection with the subject matter of this Agreement. Task: Classify this c...
Label: Brokers
74c169d5-ed33-47a4-a3c6-39ca4cc8ccec
Clause: Each Agent hereby appoints The Bank of New York Mellon Trust Company, N.A. to act on its behalf as the Collateral Agent hereunder and under the Collateral Documents to which the Collateral Agent is a party and authorizes the Collateral Agent to take such actions on its behalf as are delegated to the Collateral ...
Label: Authority
08e56481-123c-424e-a9f0-a84c3addb715
Clause: This Agreement may be terminated at any time prior to the Closing Time by the written agreement of all the Parties. Notwithstanding anything to the contrary in this Agreement, nothing in this Agreement will have any effect until the Effective Time. Task: Classify this clause into ONE of these types (exactly on...
Label: Terminations
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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, but all of which shall constitute one and the same instrument. The submission of a signature page transmitted by facsimile (or similar electronic transmission facility, including PDF via email) shall be ...
Label: Counterparts
3c5461a0-a2bc-4b4c-b311-2ac063386510
Clause: The Payee may assign, participate, transfer or otherwise convey this Note and any of its rights or obligations hereunder to any affiliate of Payee and to any other Person that the Company consents to (such consent not to be unreasonably withheld or delayed), and this Note shall inure to the benefit of the Payee...
Label: Assignments
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Clause: The Participant’s interest in the Common Shares covered by the Share Award shall become vested and nonforfeitable to the extent provided in paragraphs (a), (b) and (c) below. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Appli...
Label: Vesting
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Clause: This Agreement may be executed and delivered in separate counterparts (including by means of facsimile), each of which is deemed to be an original and all of which taken together constitute one and the same agreement. This Agreement shall become effective only when counterparts have been executed and delivered ...
Label: Counterparts
877b5880-ea09-472c-9496-93a13f2f799a
Clause: This Agreement shall commence on the Effective Date and shall continue until the end of the fifth (5 th ) Contract Year, unless either party earlier terminates this Agreement within thirty (30) days of the end of the third (3) Contract year or fourth (4) Contract Year with 24 months’ notice to the other party o...
Label: Terms
53378cfe-2d31-4416-938b-d4c8b363afbc
Clause: This Agreement shall be governed by and construed and enforced in accordance with the laws of Bermuda without regard to conflict of law principles thereunder. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Appr...
Label: Governing Laws
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Clause: The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns permitted hereby, except that neither the Borrower nor any other Loan Party may assign or otherwise transfer any of its rights or obligations hereunder without the pr...
Label: Successors
4c99e018-d1cf-461e-8ed4-f7cba34dd424
Clause: Purchaser is a duly organized and validly existing limited liability company in good standing under the laws of the State of Delaware. This Agreement has been duly authorized, executed and delivered by Purchaser, and is, and at the time of the Closing will be, a legal, valid and binding obligation of Purchaser ...
Label: Organizations
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Clause: The waiver by either party of any term, covenant, agreement or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, agreement or condition herein contained, nor shall any custom or practice which may develop between the parties in the ad...
Label: Waivers