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3ded6e2a-8839-474e-b432-4d2a10d9d1a5
Clause: The  obligations  of  the  parties  under  Section 10.03 shall survive the repayment of the Loans and the termination of the Letters of Credit, Secured Hedge Agreements, Secured Cash Management Agreements, Credit Agreement, and aggregate Committed Amounts. To the extent that any payments on the Obligations or p...
Label: Survival
6f661de1-7e5c-4a20-a7ae-213bb380dc8a
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 counterparts have been signed by each party and delivered to the other party; provided that a facsimile, electronic or .pdf signature shall be considered due ex...
Label: Counterparts
8f3cfec9-0037-4023-83cf-1e47287f31f8
Clause: The Administrative Agent shall have received for its own account, and for the account of each other Lender, as the case may be, all costs, fees and expenses (including the costs and expenses of legal counsel to the Administrative Agent) due and payable pursuant to Section 3.3 and, if then invoiced at least one ...
Label: Expenses
3f1e6a1e-7311-47f8-9753-8f6051eb48c2
Clause: On the date hereof, Borrower shall pay interest on the outstanding principal balance of each Component from and including the Closing Date through and including May 7, 2017 (the “ Initial Interest Period ”).  On June 1, 2017 and on each Monthly Payment Date thereafter, up to and including the Maturity Date, Bor...
Label: Payments
d9c3076c-93ba-411b-a0aa-7cdec198fd0b
Clause: Neither the Borrower nor any of its Subsidiaries is engaged principally, or as one of its important activities, in the business of extending credit for the purpose, whether immediate, incidental or ultimate, of buying or carrying Margin Stock. Following the application of the proceeds of the Loans, not more tha...
Label: Use Of Proceeds
1b7e2aa9-69bd-4866-bbe9-aa78948fe60e
Clause: No wai v er of any term or provision of this Employment Agreement will be valid unl e ss s uch waiver i s in writing signed b y the part y against whom enforcement of the waiver is sought . The waiver of any term or provision of this E mployment Agreement shall not apply to any subsequent breach of this Employm...
Label: Waivers
d50db9c3-dcc9-4460-a389-dac19579d975
Clause: The provisions of this Section  4.4 shall be deemed reaffirmed by Buyer and Sections 4.4(c) and 4.4(d) shall be deemed reaffirmed by Seller delivery and acceptance of the Ground Lease Assignment Agreement and shall survive the Closing (and not be merged into the Ground Lease Assignment Agreement) or earlier ter...
Label: Survival
b3e3a432-4942-46c0-922c-f49552f709bc
Clause: All of the Deferred Stock Units shall initially be unvested. During the 12-month period following ____________ (the “Vesting Commencement Date”), 25% of the Deferred Stock Units shall become vested as of the end of each 3-month period following the Vesting Commencement Date, provided the Director has continued ...
Label: Vesting
d89a69dd-c368-437f-a3c6-1afc34637e7d
Clause: No press release or other form of publicity regarding this Agreement shall be permitted by either Party to be published unless both Parties have indicated their consent to the form of the release in writing. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendm...
Label: Publicity
c5d14215-45ee-492b-9e81-0d7be39cecb2
Clause: THIS TRADEMARK SECURITY AGREEMENT SHALL BE SUBJECT TO THE PROVISIONS REGARDING CHOICE OF LAW AND VENUE AND JURY TRIAL WAIVER SET FORTH IN SECTION 14 OF THE LOAN AGREEMENT, AND SUCH PROVISIONS ARE INCORPORATED HEREIN BY THIS REFERENCE, MUTATIS MUTANDIS . Task: Classify this clause into ONE of these types (exact...
Label: Venues
295695b9-7cd4-4cc2-8ad9-50bca2d671ab
Clause: The Term of the Employment Agreement shall end on June 30, 2018 (the “ Retirement Date ”), and shall not be renewed.  Between the Effective Date and the Retirement Date, the Company shall employ Employee, and Employee shall serve the Company, on the terms and conditions set forth in the Employment Agreement, as...
Label: Terms
e6a9d545-66c7-4b3a-ae13-8862d29d1381
Clause: The Company may, in its sole discretion, decide to deliver any documents related to current or future participation in the Plan by electronic means or request that you consent to participate in the Plan by electronic means. You hereby consent to receive such documents by electronic delivery and agree to partici...
Label: Participations
f16cd81e-3f08-4ffc-b84f-20039f07cd41
Clause: Except as otherwise expressly provided in this Agreement, as applicable, any term of this Agreement may be waived only by a written instrument executed by a duly authorized representative of the Party waiving compliance. The delay or failure of either Party at any time to require performance of any provision of...
Label: Waivers
ebcac8e7-16e0-41eb-8f6e-4c316040cd74
Clause: Unenforceability of any provision or provisions of this Agreement will not render unenforceable, or impair, the remainder of this Agreement. If any provision or provisions of this Agreement will be found to be invalid, illegal or unenforceable, either in whole or in part, this Agreement will be deemed amended t...
Label: Severability
1dcd2511-2db8-4852-9261-aa0d16d6a510
Clause: In connection with the Fourth Closing, the Borrowers shall pay to YA Global II SPV LLC (as designee of the Investor) a commitment fee in the amount equal to $150,000, of which $100,000 shall be due and payable in cash on the date hereof, and the remaining $50,000 shall be due and payable in cash on the date 120...
Label: Fees
eb05675e-cdfc-4f32-974e-8c03361538e3
Clause: This Agreement shall be effective as of the date hereof (the “Start Date”); however, that date in which the Company closes on at least $5 million in equity financing shall be defined as the official Effective Date of the Agreement (the “Effective Date”). The Term of this Agreement shall commence on the Start Da...
Label: Terms
9f7dda74-26fe-46cc-a2dc-cb8599b9e772
Clause: Except for the security interest granted to the Administrative Agent for the benefit of the Secured Parties pursuant to this Agreement and Liens permitted under Section 7.01 of the Credit Agreement (“ Permitted Liens ”), such Grantor owns or has rights and, as to Collateral acquired by it from time to time afte...
Label: Titles
285a6f43-0492-4bce-a3a8-6c58a36aa5d2
Clause: The representations and warranties contained herein shall survive the Closing Date for a period of one (1) 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, Auth...
Label: Survival
f2f80c07-51c1-40e3-9df9-5908ef23ee10
Clause: Except in the case of the Mandatory Forum Selection Clause in Section 14.6 above, which clause shall be governed and interpreted in accordance with Florida law, this Agreement, the Loan Documents, the Fee Note and the Revolving Note shall be delivered and accepted in, and shall be deemed to be contracts made un...
Label: Governing Laws
9bede3fc-4a81-4d41-9a20-3b5b365e1de0
Clause: This Note, and disputes or controversies arising hereunder, and the rights and obligations of the parties under this Note, shall be governed by, and construed and interpreted in accordance with, the law of the State of Colorado without regard to conflicts of law principles. Task: Classify this clause into ONE ...
Label: Governing Laws
70369c96-0f9f-40c6-885f-00baac79b203
Clause: All provisions of the Plan shall be construed in accordance with the laws of Texas except to the extent preempted by federal law. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbitration, Assignmen...
Label: Governing Laws
490fec84-c4e1-479c-8644-887444f2f8d6
Clause: This Agreement will become effective as of the Effective Date, and unless earlier terminated under this Section 10 , will continue in effect for five (5) years, and thereafter automatically be extended for successive renewal terms of two (2) years each, unless TESARO Party provides a notice of non-renewal at le...
Label: Terms
7d884119-8811-4957-bca5-4b52d2ec591a
Clause: Notwithstanding anything herein to the contrary, if the Executive is a Specified Employee on the date of his Separation From Service, any payments or benefits hereunder that are deferred compensation subject to Section 409A, are payable upon his Separation From Service, and are not otherwise exempt from Section...
Label: General
676f6572-38ab-4eeb-8823-ec3669180ddf
Clause: The Servicer, its Subsidiaries and their respective Related Parties shall (i) comply with all applicable Anti-Money Laundering Laws and Anti-Corruption Laws, (ii) conduct the requisite due diligence in connection with the transactions contemplated herein for purposes of complying with applicable Anti-Money Laun...
Label: Anti-Corruption Laws
4897dbb4-c071-481b-a92e-1ae38a972837
Clause: This Agreement shall be binding upon the parties hereto and each of their heirs, beneficiaries, legal representatives, successors and assigns, as applicable. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Appro...
Label: Binding Effects
7e3cbcb1-a6e8-4b88-9294-5693274fa09b
Clause: This Agreement shall, in all respects, be governed, construed, applied, and enforced in accordance with the law of the State or Commonwealth in which the Real Property is located (i.e., California). Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Ant...
Label: Governing Laws
38d2fa8c-eaf8-477e-be6a-2a1fe5eca414
Clause: With such exceptions that, individually or in the aggregate, are not reasonably expected to have a Material Adverse Effect, there is no litigation or governmental proceeding pending or, to the Company’s Knowledge, threatened, against the Company or any of its Subsidiaries or affecting any of the properties or a...
Label: Litigations
dfeab737-89d4-42de-aed8-e2b6c334a829
Clause: The Retirement Income Contributions or other employer non-matching contributions credited to a Participant under this Appendix B shall be subject to the same vesting requirements as are imposed on Retirement Income Contributions or other employer non-matching contributions under the Participant’s Retirement Pla...
Label: Vesting
ced95089-5de7-4e97-bb5a-a1d7c9b08f4d
Clause: The obligations of confidentiality in this Article IV shall survive the termination of this Agreement and shall continue with respect to donor information without limit of time and in respect of other confidential information for a period of [***] years. Task: Classify this clause into ONE of these types (exac...
Label: Survival
b6611470-b8e6-43ab-b8b1-44e912f99407
Clause: Any Lender may at any time, without the consent of, or notice to, the Borrower or the Administrative Agent, sell participations to any Person (other than a natural Person or a holding company, investment vehicle or trust for, or owned or operated for the primary benefit of, a natural Person or the Borrower or a...
Label: Participations
fdc0aab5-a568-41e5-98dd-69a494448990
Clause: THE PARTIES HERETO WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY ANY PARTY AGAINST ANY OTHER PARTY ON ANY MATTER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT. THIS WAIVER IS A MATERIAL INDUCEMENT FOR THE PARTIES TO ENTER INTO AND ACCEPT THIS AGREEMENT AND SHALL SURVIVE T...
Label: Waiver Of Jury Trials
4c73c380-210d-41ea-8ef8-d80cbabbb38e
Clause: Notwithstanding anything in this Agreement to the contrary, unless the Company provides otherwise, upon termination of employment for any reason, Executive shall be deemed to have resigned as a member of the Board of Directors of the Company, if applicable, and as an officer, director, manager and employee of t...
Label: Releases
5ac72178-2a93-48ed-827e-1043123f52d9
Clause: If any provision of the Plan becomes or is deemed to be invalid, illegal, or unenforceable in any jurisdiction or as to any person, or would disqualify the Plan or any purchase under any law deemed applicable by the Committee, such provision shall be construed or deemed amended to conform to the applicable laws...
Label: Severability
e5b3225d-f0d3-43d5-a7a7-617236094cc0
Clause: All notices, demands, requests, consents, approvals or other communications (collectively, “ Notices ”) required or permitted to be given hereunder or which are given with respect to this Agreement shall be in writing and shall be personally served, delivered by reputable air courier service with charges prepai...
Label: Notices
f3a7f0e7-3d1e-4d4c-9c3b-d8e38ad75e71
Clause: The execution and delivery by the Borrowers of this Amendment and the performance by the Borrowers of this Amendment and the Term Loan Agreement, as amended by this Amendment, in accordance with their respective terms, do not and will not, by the passage of time, the giving of notice or otherwise: (i) require a...
Label: Compliance With Laws
94c5973e-ee24-4af2-ba84-3f4495ccda4f
Clause: The lease term shall commence on January 9, 2017 and continue through January 9, 2032, unless sooner terminated. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbitration, Assignments, Assigns, Auth...
Label: Terms
9caf40b3-3483-45d7-9544-9d70aa69d3ef
Clause: The headings of the sections of this agreement are inserted for convenience only and shall not be deemed to be part hereof. 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: Headings
2cd3ea0a-32d3-48b1-8b73-d5c36af28866
Clause: As of the Effective Date hereof, Tenant hereby represents and warrants to Landlord the following, all of which shall survive the expiration or termination of the Lease: (i) Tenant is the sole legal and equitable owner of the leasehold estate of the "Tenant" under the Lease and is the only occupant of the Premis...
Label: Representations
32c4b7d0-b190-4850-96cf-9b933827b368
Clause: The parties may sign any number of copies of this Joinder Supplement, and different parties may sign on different signature pages. Each signed copy shall be an original, but all of them together shall represent the same supplemental agreement. Task: Classify this clause into ONE of these types (exactly one lab...
Label: Counterparts
75e10ad5-7bcb-4466-98dd-83536fc161b9
Clause: All disputes arising out of or relating to this Agreement and all actions to enforce this Agreement shall be adjudicated in the state or federal courts sitting in Denver, Colorado.  The parties hereto irrevocably submit to the jurisdiction of such courts in any suit, action or proceeding relating to any such di...
Label: Venues
7d6c501b-7bad-418b-8104-145d16bca1ef
Clause: The Company and each of its subsidiaries, including the Significant Subsidiary, will use commercially reasonable efforts to maintain, or cause to be maintained, all material environmental permits, licenses and other authorizations required by federal, state and local law in order to conduct their businesses as ...
Label: Compliance With Laws
bdc5f3ce-49fd-4a9f-aa93-d1e37d6f1027
Clause: Directly or, to its knowledge, indirectly use the proceeds of any extension of credit hereunder for any purpose which would violate the United States Foreign Corrupt Practices Act of 1977, the UK Bribery Act 2010, or other similar anti-corruption legislation in other jurisdictions applicable to it or the Curren...
Label: Anti-Corruption Laws
92d05a72-0414-45e8-8259-f67a875baaca
Clause: Executive will be eligible to participate in regular health insurance, bonus and other employee benefit plans established by the Company for its employees from time to time. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applic...
Label: Benefits
551a16f9-7d89-4432-aef0-56240e53331e
Clause: No material report, material certificate or other material information furnished in writing (other than projections, other forward looking information and information of a general economic or general industry nature) by or on behalf of any Credit Party or any Subsidiary thereof to the Administrative Agent or an...
Label: Disclosures
9be80bcb-9258-4163-9fe2-f90918a089b3
Clause: During the Employment Period, Employee shall be eligible to participate in the same benefit plans and programs in which other similarly situated Company employees are eligible to participate, subject to the terms and conditions of the applicable plans and programs in effect from time to time. The Company shall ...
Label: Benefits
282c4524-2dd3-4330-b10f-cb626e71a0ae
Clause: This Agreement shall be governed exclusively by, and construed and enforced exclusively in accordance with, the internal Laws of the State of New York, without giving effect to the principles of conflicts of law thereof to the extent such principles would require or permit the application of the laws of another...
Label: Governing Laws
aacbdfc9-b957-4fcb-a547-66325309beb9
Clause: (collectively, this “ Agreement ”), among M/I HOMES, INC., an Ohio corporation (the “ Borrower ”), the several banks and other financial institutions or entities from time to time parties to this Agreement (the “ Lenders ”) , and PNC BANK, NATIONAL ASSOCIATION, as Swingline Lender, an Issuing Lender and Adminis...
Label: Agreements
4bc41fa3-006b-42fb-8984-e3d628393ba6
Clause: No agent, broker, investment banker or other firm or Person is or will be entitled to any broker’s or finder’s fee or any other commission or similar fee in connection with any of the Transactions as a result of any action taken by Licensor or any Additional Party. Task: Classify this clause into ONE of these ...
Label: Fees
7db27dd4-a7bf-4b07-90b3-410801462d84
Clause: The provisions of this Agreement are independent of and severable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part. Further, if a court of competent j...
Label: Severability
288432d6-4ecd-41fe-97f9-1af31796bf7d
Clause: Each Lender shall, pro rata, in proportion to the amount of the Note held by him, indemnify Agent against any cost, expense, claim, demand, action, loss, or liability, including reasonable attorney’s fees incurred in contesting the same, that Agent may suffer or incur in connection with the Loan in his capacity...
Label: Indemnifications
b7d1591c-8944-48e8-be6b-01595d06ed38
Clause: Employer shall have the right to withhold from the compensation payable to Marcum hereunder any amounts required by law to be withheld. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbitration, Ass...
Label: Withholdings
14b78fa1-3128-4e2d-abaa-2e23d7ebd49c
Clause: Each of Parent and Borrower shall not, and shall not permit any other member of the Consolidated Group to, enter into any transaction of any kind with any Affiliate of a member of the Consolidated Group, whether or not in the ordinary course of business, other than on fair and reasonable terms substantially as ...
Label: Transactions With Affiliates
ea13a399-39db-4a17-b3e8-4b4496123379
Clause: Any notice under this Agreement shall be in writing, and any written notice or other document shall be deemed to have been duly given (i) on the date of personal service on the parties, (ii) on the third business day after mailing, if the document is mailed by registered or certified mail, (iii) one day after b...
Label: Notices
0fa48f60-594d-4c57-b5fc-e4a1b9169205
Clause: The headings and subheadings of this Agreement have been inserted for convenience only, and shall not affect the construction of the provisions hereof.  All references to sections of this Agreement shall be deemed to refer as well to all subsections which form a part of such section. Task: Classify this clause...
Label: Construction
cc7272e6-3f24-4ed6-8fee-e79d1f736c30
Clause: All communications and notices 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 Grantor shall be given to it in care of Borrower as provided in Section 9.01 of the Credit ...
Label: Notices
bdd2db73-147b-446a-ad08-b5cdd88a741a
Clause: This Agreement may be executed by facsimile or electronic signature and in counterparts. 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, B...
Label: Counterparts
ab6441c0-07cb-4856-b63b-e3be4cd46753
Clause: If the Commitment of any Lender is increased in accordance with this Section , Administrative Agent and Borrower shall determine the effective date (the “ Increase Effective Date ”) and the final allocation of such increase. Administrative Agent shall promptly notify Borrower and Lenders of the final allocation...
Label: Effective Dates
96fbd7b9-d5a2-4741-8247-e176e525e9e6
Clause: Any breach of Section 2 or 3 will cause irreparable harm to Company for which damages would not be an adequate remedy, and therefore, Company will be entitled to injunctive relief with respect thereto in addition to any other remedies. The failure of either party to enforce its rights under this Agreement at an...
Label: Miscellaneous
84882f8b-d419-4998-acb1-a305600b998c
Clause: Seller agrees to cooperate with Broker in carrying out the purpose of this Agreement, including but not limited to providing Broker with all information needed regarding Seller and the Property for MLS or similar input or setup and referring to Broker all inquiries regarding the Property or its potential transf...
Label: Cooperation
a4397aa0-8a06-40dd-ab0d-473d9e308bef
Clause: The terms, covenants and conditions hereof shall be binding upon and inure to the benefit of Mortgagee, Landlord and Tenant and their respective heirs, executors, administrators, successors and assigns. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments,...
Label: Binding Effects
e28aa345-bcfb-4d9e-8f18-b02795000209
Clause: (a)  Any and all payments by or on account of any obligation of the Borrower hereunder or under any other Loan Document shall be made free and clear of and without deduction for any Indemnified Taxes; provided that if the Borrower shall be required to deduct any Indemnified Taxes from such payments, then (i) th...
Label: Taxes
16b0f651-4e34-42c8-b149-a094779e9da8
Clause: Except for the security interest granted to the Administrative Agent for the ratable benefit of the Secured Parties pursuant to this Agreement and the other Liens permitted to exist on the Collateral by the Credit Agreement, such Grantor owns or has a valid leasehold interest in each item of the Collateral free...
Label: Titles
3d527159-2f8c-47bd-9206-623660ff4b83
Clause: The Company shall indemnify the Executive to the fullest extent provided in its Articles or By-Laws. The Executive agrees to promptly notify the Company of any actual or threatened claim arising out of or as a result of his employment with the Company. Task: Classify this clause into ONE of these types (exactl...
Label: Indemnifications
64b13e9b-462b-4422-915a-a5a5f15e7061
Clause: This Agreement is not intended to, and does not, create or impose any fiduciary duty on any of the Members or Managers or on their respective Affiliates.  Notwithstanding any other provision of this Agreement or any duty otherwise existing at law or in equity, the Members and Managers of the Company shall, to t...
Label: Duties
6bc528a7-548d-436b-8509-c6106211aeff
Clause: Any notices provided for in your Award or the Plan shall be given in writing and shall be deemed effectively given upon receipt or, in the case of notices delivered by the Company to you, five (5) days after deposit in the United States mail, postage prepaid, addressed to you at the last address you provided to...
Label: Notices
9ff2f0cd-3db9-422e-bc21-2c2235766800
Clause: This Section  8 and any pertinent definitions of terms contained elsewhere in this Agreement shall survive any termination or expiration of this Agreement or employment of Executive. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Law...
Label: Survival
4df60e4a-a6c2-4925-8735-1a6d167aa2a9
Clause: The finding by an arbitrator or a court of competent jurisdiction of the unenforceability, invalidity o r illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid or illegal. Such arbitrator or court shall have the authority to modify or replace...
Label: Severability
be0f904f-fd13-4d17-a3dc-2ad6a362adf9
Clause: In the event that any dividend or other distribution (whether in the form of cash, Shares, other securities or other property), recapitalization, stock split, reverse stock split, reorganization, merger, consolidation, split-up, spin-off, combination, repurchase or exchange of Shares or other securities of the ...
Label: Adjustments
738823b8-2903-44b3-9142-e24dcb61dffd
Clause: This Note shall be governed by and construed in accordance with the laws of the State of New York without the application of any choice of laws provisions thereof. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws,...
Label: Governing Laws
d011139c-2914-49b9-83b6-cd69662cc1b6
Clause: For purposes of this Section 2.09 , the term “applicable law” includes FATCA. 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,...
Label: Defined Terms
10539323-8e68-4b4b-acaa-c0d46872ca47
Clause: Capitalized terms used herein (including in the recitals hereto) and not otherwise defined herein shall have the meanings assigned to such terms in the Credit Agreement. The rules of construction specified in Section 1.03 of the Credit Agreement also apply to this Amendment mutatis mutandis . Task: Classify th...
Label: Defined Terms
9e2c8998-61f6-4cab-ad83-04711f3613eb
Clause: Schedule 3.13 contains a list of all material policies of fire, liability, workers’ compensation, property, casualty and other forms of insurance owned or held by the Company as of the date of this Agreement (the “ Policies ”). All of the Policies are, as of the date of this Agreement, in full force and effect,...
Label: Insurances
a6ce32fc-578d-4058-8d11-cd6e02754659
Clause: Notices and all other communications contemplated by this Agreement shall be in writing and shall be deemed to have been duly given when personally delivered or when mailed by U.S. registered or certified mail, return receipt requested and postage prepaid.  In the case of Employee , mailed notices shall be addr...
Label: General
e1b4b96c-d829-4a59-a9fc-0b3d9f7a5a47
Clause: EACH PARTY HERETO HEREBY WAIVES TRIAL BY JURY IN ANY JUDICIAL PROCEEDING INVOLVING, DIRECTLY OR INDIRECTLY, ANY MATTER (WHETHER SOUNDING IN TORT, CONTRACT OR OTHERWISE) IN ANY WAY ARISING OUT OF, RELATED TO, OR CONNECTED WITH THIS AMENDMENT, ANY DOCUMENT EXECUTED BY THE SELLER PARTIES PURSUANT TO THE AGREEMENT ...
Label: Waiver Of Jury Trials
641e073b-bf55-4b5a-9539-02ba85c6050f
Clause: The term of this Agreement shall commence on the Effective Date and, shall continue unless terminated in accordance with the provisions of Section 7.2. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, ...
Label: Terms
d0d69230-e226-4f68-9f7f-0072bc84b4fa
Clause: Any provision of this Fourth Amendment or any other Loan Document which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective only to the extent of such prohibition or unenforceability without invalidating the remainder of such provision or the remaining provisions he...
Label: Severability
46a588a7-01df-4555-9a29-4356c2d2fb1c
Clause: The article and paragraph headings of this Agreement are for convenience only and do not limit or enlarge the scope or meaning of the language hereof. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, A...
Label: Headings
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Clause: If any provision contained in this Agreement shall be held to be invalid or unenforceable in any respect, then, to the maximum extent permitted by Law, such invalidity or unenforceability shall not affect any other provision of this Agreement.  Should any provision of this Agreement be deemed to be too broad in...
Label: Severability
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Clause: Whenever possible, each provision of this Agreement will be interpreted in such a 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
2a7b8128-bb5a-45ec-89a9-68ec9660a288
Clause: Subject to the provisions of Section 11.11(a) , each of the Administrative Agent, the U.S. Collateral Agents, the U.S. Loan Parties, the Lenders, the L/C Issuers and each of their Related Persons is authorized (but not required) to transmit, post or otherwise make or communicate, in its sole discretion, Electro...
Label: Authorizations
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Clause: Notwithstanding the place where this Agreement may be executed by any of the parties hereto, the parties expressly agree that all of the terms and provisions hereof shall be construed in accordance with and governed by the laws of the State of Missouri, or, to the extent applicable the laws of the United States...
Label: Governing Laws
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Clause: To the extent that any court action is permitted consistent with or to enforce Section 9 of this Agreement, the parties hereby consent to the jurisdiction of the Superior Court of the Commonwealth of Massachusetts and the United States District Court for the District of Massachusetts.  Accordingly, with respect...
Label: Consent To Jurisdiction
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Clause: Receipt by the Agent and the Bookrunner of any fees required to be paid on or before the Second Amendment Effective Date. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbitration, Assignments, Assi...
Label: Fees
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Clause: For purposes of this agreement, any statement as to any person acting on behalf of the Company or its Affiliates shall be deemed to not include the Initial Purchasers or any person acting on their behalf. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendment...
Label: Interpretations
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Clause: No provision of this Agreement is to be interpreted for or against either party because that party or that party’s legal representative or counsel drafted such provision. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicabl...
Label: Interpretations
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Clause: This Agreement may be amended by the Parties at any time; provided , however , that after the Sailfish Stockholder Approval, no amendment shall be made which by Law would require the approval of such stockholders, without first obtaining such approval. This Agreement may not be amended except by an instrument i...
Label: Amendments
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Clause: Your employment under this Agreement shall terminate immediately upon your death, and the Company shall have no further obligations under this Agreement, except to pay to your estate (or your beneficiary, as may be appropriate) (a) any Base Salary earned through your date of death, to the extent theretofore unp...
Label: Death
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Clause: The Employment Term and Executive’s employment hereunder may be terminated by the Company or by Executive at any time and for any reason. Upon any termination of Executive’s employment during the Employment Term or any annual non-renewal, the Employment Term shall automatically terminate. Upon termination of Ex...
Label: Terminations
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Clause: This Agreement may be executed in one or more duplicate counterparts and when signed by all of the parties listed below shall constitute a single binding agreement. Delivery of an executed counterpart of a signature page of this Agreement by fax or other electronic transmission shall be effective as delivery of...
Label: Counterparts
2daff595-8acd-4866-be6b-92d3073124ac
Clause: This Amendment may be executed in counterparts which together shall constitute but one and the same original. Delivery of an executed counterpart of this Amendment by email with scanned attachment shall be equally as effective as delivery of an original executed counterpart. Any party delivering an executed cou...
Label: Counterparts
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Clause: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Delaware, excluding any conflicts or choice of law rule or principle that might otherwise refer construction or interpretation of this Agreement to the substantive law of another jurisdiction. The courts of the State...
Label: Venues
1acf162b-e4e3-47cd-a6ae-84715211d8d0
Clause: No waiver or non-action by either party hereto with respect to any breach by the other party of any provision of this Agreement or the LLC Agreement shall be deemed or construed to be a waiver of any succeeding breach of such provision, or as a waiver of the provision itself. Task: Classify this clause into ON...
Label: No Waivers
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Clause: Executive will be entitled to paid vacation in accordance with the policies and practices of Company as in effect from time to time with respect to the Company’s senior executives, but in no event will such vacation time be less than four (4) weeks per calendar year. Task: Classify this clause into ONE of thes...
Label: Vacations
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Clause: Executive will remain eligible for COBRA coverage after August 31, 2017 at Executive's sole cost.  Executive shall not be eligible for the Company's benefit plans and programs after the Separation Date. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments,...
Label: Benefits
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Clause: Except as disclosed in the SEC Documents, the Company (after giving effect to the transactions contemplated by this Agreement) is solvent ( i.e ., its assets have a fair market value in excess of the amount required to pay its probable liabilities on its existing debts as they become absolute and matured) and c...
Label: Solvency
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Clause: The indemnifications made pursuant to Article 10 herein shall continue indefinitely in full force and effect and shall survive and shall in no way be impaired by (a) any satisfaction, release or other termination of this Mortgage or any other Loan Document, (b) any assignment or other transfer of all or any por...
Label: Survival
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Clause: From time to time prior to, at, and after the Closing, each Party shall execute and deliver all such documents and instruments and take all such actions as the other Party, being advised by counsel, shall reasonably request for the purpose of carrying out and effectuating the intent and purpose of this Agreemen...
Label: Further Assurances
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Clause: In the event that for any reason one or more of the provisions of this Note or their application to any person or circumstance shall be held to be invalid, illegal, or unenforceable in any respect or to any extent, such provision shall nevertheless remain valid, legal, and enforceable in all other respects and ...
Label: Severability
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Clause: This Release will be construed and enforced in accordance with the laws of the State of Delaware without regard to the principles of conflicts of law. If any provision of this Release is held by a court of competent jurisdiction to be illegal, void or unenforceable, such provision shall have no effect; however ...
Label: Miscellaneous
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Clause: This Agreement and the Loan Documents, together with all of the rights and obligations of the parties hereto, shall be construed, governed and enforced in accordance with the internal laws of the State of New York, including Section 5-1401 of its General Obligations Law. Task: Classify this clause into ONE of ...
Label: Governing Laws