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cb3b187a-e1e8-4b00-ad51-3d4b9cc8412b
Clause: EACH OF THE PARTIES HERETO HEREBY VOLUNTARILY AND IRREVOCABLY WAIVES TRIAL BY JURY IN ANY ACTION OR OTHER PROCEEDING BROUGHT IN CONNECTION WITH THIS AGREEMENT, ANY OF THE TRANSACTION DOCUMENTS, OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY. Task: Classify this clause into ONE of these types (exactl...
Label: Waiver Of Jury Trials
f8480273-9db7-42d0-8944-bac744392657
Clause: Except as could not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect: (a) each Group Member and each of their respective ERISA Affiliates is in compliance with the applicable provisions of ERISA and the provisions of the Code relating to Plans and the regulations and p...
Label: Erisa
58b44f55-b90a-40a9-a476-9ae90b101548
Clause: The capitalization of the Company is as set forth in its public filings with the U.S. Securities and Exchange Commission from time to time. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbitration,...
Label: Capitalization
a5db9d2b-177b-4fba-ae5e-a94706763dd0
Clause: The Company and the Company Entities have operated in accordance with all applicable Laws with respect to employment and labour in all material respects, including employment and labour standards, occupational health and safety, employment equity, pay equity, workers’ compensation, human rights, labour relation...
Label: Employment
59bf1bbb-b32d-4945-a86b-8a2855164e7e
Clause: All corporate action required to be taken by the Company’s Board of Directors and stockholders in order to authorize the Company to enter into this Agreement, and to issue the Securities at the Closing, has been taken or will be taken prior to the Closing. All action on the part of the officers of the Company n...
Label: Authorizations
a8bda4ff-30a8-435e-8fcd-5997b4582d32
Clause: Buyer shall not transfer, convey or assign all or any part of this Agreement without the approval of Seller, which approval may be withheld in the Seller's sole and absolute discretion. Notwithstanding the foregoing, Buyer shall have the right to assign this Agreement to one or more entities that are, directly ...
Label: Assignments
b28b905a-33d9-4110-934d-3a015d5324f8
Clause: All notices, requests, demands and other communications under this Agreement shall be in writing and shall be deemed duly given (i) if delivered by hand and receipted for by the party addressee, on the date of such receipt, (ii) if mailed by domestic certified or registered mail with postage prepaid, on the thi...
Label: Notices
583d33dc-d99a-4423-84c6-9dbd1dc435ec
Clause: The undersigned hereby joins in, and agrees to be bound by, subject to, and enjoy the benefit of the applicable rights set forth in, the Agreement (including the Exhibits thereto), as amended from time to time, with the same force and effect as if it were originally a party thereto. Task: Classify this clause ...
Label: Agreements
7605983b-029d-4033-becb-9d3b57103db2
Clause: With the consent of the Lenders providing an Incremental Facility, the Borrower and the Administrative Agent (and without the consent of the other Lenders), this Agreement shall be amended in a writing (which may be executed and delivered by the Borrower and the Administrative Agent) (the “Incremental Amendment...
Label: Amendments
f739a4f3-9966-46fb-8fd4-ab2a20d4a149
Clause: EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR LITIGATION BETWEEN THE PARTIES HERETO ARISING OUT OF OR RELATING TO THIS AGREEMENT. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Cor...
Label: Waiver Of Jury Trials
70f1552c-0a2f-476b-8931-8ce018cd6001
Clause: Payment of any fees due to Administrative Agent and Buyers hereunder, including the Up-Front Fee. 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, Authoriz...
Label: Fees
1615196b-bd3a-41c7-bb97-260190b8ee9e
Clause: Borrower acknowledges and agrees that all applicable notice and cure periods, if any, with respect to the Existing Default have lapsed, and the Existing Default currently constitutes an Event of Default. Subject to Borrower’s and each Guarantor’s compliance with the terms and conditions of this Amendment and th...
Label: Waivers
3e6ff5eb-773c-4126-b064-d682a312c3e7
Clause: The Borrower has furnished to each Lender copies of (i) the audited consolidated balance sheet of the Parent and its consolidated Subsidiaries for the fiscal years ended December 31, 2015 and December 31, 2016, and the related consolidated statements of operations, shareholders’ equity and cash flow for the fis...
Label: Financial Statements
e900f929-9983-4c5d-8493-e4804dde71ee
Clause: The headings in this Agreement are for convenience only and shall not limit or otherwise affect  the meaning hereof. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbitration, Assignments, Assigns, ...
Label: Headings
9aaee78f-ab21-4733-ab3c-a17c14b41c93
Clause: Unless otherwise defined or expressly given a different meaning in this Agreement, each capitalized term in this Agreement shall have the meaning given to it in The Progressive Corporation 2015 Equity Incentive Plan (the “Plan”). Financial and operational terms used in this Agreement (e.g., references to busine...
Label: Definitions
f9033560-34af-4010-8820-88dd93806d30
Clause: As of the date hereof, the authorized capital stock of the Company consists of: (i) 12,000,000,000 authorized shares of Common Stock, $0.0001 par value per share, of which 3,285,728,744 shares are issued and outstanding; and (ii) 100,000,000 authorized shares of Preferred Stock of which 50,000,000 of Series A P...
Label: Capitalization
2d643c6d-b318-481c-8db8-da6e7729cad7
Clause: If approved by Intrepid in writing in advance, Intrepid will reimburse Consultant for reasonable, actual, and necessary travel, living, and out-of-pocket expenses, if any, incurred by Consultant in the performance of the Services. Task: Classify this clause into ONE of these types (exactly one label): Adjustme...
Label: Expenses
6979a0d7-3fc2-4d81-bfb4-f55f7ad0ba98
Clause: Seller Parent reserves the right to charge interest on any amount which has been due from Purchaser under this Agreement for more than thirty (30) days, at an annual interest rate of five percent (5%), accruing from the date payment was due through the date of actual payment. Task: Classify this clause into ON...
Label: Interests
ca17a221-16a8-424c-847b-3ff21793d348
Clause: All amounts due under this Section 11.3 [Expenses; Indemnity; Damage; Waiver] shall be payable not later than ten (10) days after demand therefor. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbit...
Label: Payments
fab7e3f4-0c96-4266-8cbb-7e3af15e59c6
Clause: All notices and other communications required or permitted to be given under this Agreement shall be in writing and shall be provided as set forth in Section 15.13 of the Plan. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, App...
Label: Notices
cc66c337-5219-4a1b-b41c-64f36dbca6ce
Clause: Each Purchaser, severally and not jointly with the other Purchasers, covenants that neither it nor any Affiliate acting on its behalf or pursuant to any understanding with it will execute any purchases or sales, including Short Sales of any of the Company’s securities during the period commencing with the execu...
Label: Confidentiality
c156e6ed-fcc2-462e-981a-aa43cd14a9f2
Clause: All notices, requests and demands to or upon the Agent or any Guarantor hereunder shall be effected in the manner provided for in Section 9.01 of the Credit Agreement. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable L...
Label: Notices
986c3a67-a1b8-4f9c-b912-ea39d7beba49
Clause: Company shall indemnify Executive in accordance with its policies and practices and to the full extent permitted by the general laws of the State of Delaware, now or hereafter in force, including the advance of expenses under procedures provided by such laws. Further, Company shall insure Executive is covered b...
Label: Indemnifications
127d7da9-a9dd-412f-8b88-4f6bf5ce0dca
Clause: Notwithstanding anything in this Agreement to the contrary, but subject to Appendix B, which could negate the treatment provided by this Section 5(a) as a result of Section 280G of the Code, in the event of a Defined Termination of a Participant before the Vesting Date, the Participant’s Option shall immediatel...
Label: Vesting
73793903-dbf6-4338-b0c2-f102e6640e33
Clause: The Plan shall take effect upon its adoption by the Board; provided, however, that the Plan shall be subject to the requisite approval of the shareholders of the Company in order to comply with Section 162(m) of the Code. In the absence of such approval, the Plan (and any Awards made pursuant to the Plan prior ...
Label: Effective Dates
9e485ace-399c-4544-8a34-7cfc50015ae1
Clause: All corporate action on the part of each of the Company and Trebor, its officers, directors and stockholders necessary for the authorization, execution and delivery of this Agreement and the Shares, the performance of all obligations of the Company hereunder and thereunder and the authorization, issuance and de...
Label: Authorizations
ec804e2f-30d8-436b-b9a5-a33100ab5cfc
Clause: To the extent allowable under applicable law, each member of the Committee shall be indemnified and held harmless by the Company from any loss, cost, liability, or expense that may be imposed upon or reasonably incurred by such member in connection with or resulting from any claim, action, suit, or proceeding t...
Label: Indemnifications
1bbfb650-b21e-4d24-883e-8123671c1e5f
Clause: From time to time execute and deliver, or cause to be executed and delivered, such additional instruments, certificates or documents, and take such actions, as the Administrative Agent may reasonably request for the purposes of implementing or effectuating the provisions of this Agreement and the other Loan Doc...
Label: Further Assurances
fb88d1c9-0e39-4bfe-a717-b379ffe85c58
Clause: The parties to each assignment shall deliver to the Issuer (A) a duly executed Assignment and Assumption, together with any Note subject to such assignment, (B) unless the assignee is already a Purchaser, a designation of one or more contacts to whom all Note information (which may contain material non-public i...
Label: Assignments
535c8326-8d76-41dd-9095-9f71ba098578
Clause: The Borrower will not, and will not permit any of the Subsidiaries to, sell, lease or otherwise transfer any material property or assets to, or purchase, lease or otherwise acquire any material property or assets from, or otherwise engage in any other material transactions with, any of its Affiliates, except (a...
Label: Transactions With Affiliates
15b0942d-7848-42fb-a585-f7c813a6eaf2
Clause: Except for limitations on assignment set forth in Section 6.1, this Plan will be binding upon and inure to the benefit of the Company and each Eligible Employee and their respective successors, assigns, heirs, executors, and administrators. Task: Classify this clause into ONE of these types (exactly one label)...
Label: Successors
05b17eb0-9dc8-4639-9c53-90429654c245
Clause: The validity, construction, interpretation and effect of this Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to the conflicts of laws provisions thereof. Task: Classify this clause into ONE of these types (exactly one label): Adjustments...
Label: Applicable Laws
1cb2012b-38b1-4afd-8269-fe66c32b76b6
Clause: All financial statements relating to Borrower, any Subsidiary or any Affiliate that have been delivered by Borrower to Collateral Agent or Lender present fairly in all material respects Borrower’s Consolidated financial condition as of the date thereof and Borrower’s Consolidated results of operations for the p...
Label: Financial Statements
6a7ebb30-c54a-47b8-af4d-59380d36d0e2
Clause: This In connection with this Agreement and all transactions contemplated by this Agreement, each signatory Party hereto agrees to execute and deliver such additional documents and instruments and to perform such additional acts as may be necessary or appropriate to effectuate, carry out and perform all of the t...
Label: Further Assurances
17953808-b293-4f11-9d63-3ec7e0df9f33
Clause: As between the Pari Passu Secured Parties, the Controlling Collateral Agent (acting at the direction of the Applicable Authorized Representative) shall have the right to adjust or settle any insurance policy or claim covering or constituting Shared Collateral in the event of any loss thereunder and to approve a...
Label: Insurances
84659ca5-5e07-4988-8c57-d2a664342bd8
Clause: Other than resulting from the IDA Documents or the disposition of assets in connection with the incurrence of Capital Lease Obligations and purchase money Indebtedness permitted pursuant to Section 6.01( j) with respect to such assets, the Borrower shall not, and it shall not permit any other Loan Party to, dir...
Label: Sales
a4ea8c48-fdc5-4741-b11f-b0b2fe012416
Clause: Borrower will from time to time execute and deliver to Bank such documents, and take or cause to be taken, all such other or further action, as Bank may request in order to effect and confirm or vest more securely in Bank all rights contemplated by this Agreement and the other Loan Documents (including, without...
Label: Further Assurances
78ea10f7-7100-460d-9e72-794d8d96217d
Clause: Except as expressly provided herein, neither Party may, without the prior written consent of the other Party, sell, transfer, assign, delegate, pledge, subcontract or otherwise dispose of, whether voluntarily, involuntarily, by operation of law or otherwise, this Agreement or any of its rights or duties hereund...
Label: Assignments
0f57472f-ca72-4b09-9eaf-c35229b359e2
Clause: During the Employment Term, the Executive shall serve as the Chief Technology Officer of the Company, reporting to the Chief Operating Officer of the Company (the “ Supervisor ”). In such position, the Executive shall have such duties, authority and responsibility as shall be determined from time to time by Sup...
Label: Positions
7290601c-93a9-48aa-996e-519a6085806e
Clause: This Lease and its performance shall be governed by the laws of the State of Oklahoma , without regard to any conflicts of laws of choice of law provisions thereof. The parties agree that any court action relating to this Lease shall be instituted and prosecuted only in a court of competent jurisdiction in Okla...
Label: Venues
d97c56cc-dc70-4922-bf62-2627b9e73ab9
Clause: From and after the Termination date, Executive agrees not to make any statements to the Company’s employees, customers, vendors, or suppliers or to any public or media source, whether written or oral, regarding Executive’s employment hereunder or termination from the Company’s employment, except as may be appro...
Label: Non-Disparagement
3d6cffb4-4faf-4eb4-9b36-8265d16cbe37
Clause: The Administrative Agent shall have received the Pro Forma Financial Statements. 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 Sala...
Label: Financial Statements
c3879256-f70c-4298-b6d7-bd393a37a929
Clause: The Company and the Subsidiaries own or possess adequate enforceable rights to use all patents, patent applications, trademarks (both registered and unregistered), service marks, trade names, trademark registrations, service mark registrations, copyrights, licenses and know-how (including trade secrets and othe...
Label: Intellectual Property
23e30275-0ebe-4b98-a8d4-970685a4f4ec
Clause: Purchasers acknowledge and agree that they have not been induced by and have not relied on any representations, warranties or statements, whether express or implied, made by Shareholder or any Seller or any of their representatives, Affiliates, or agents that are not expressly set forth in this Agreement, wheth...
Label: Warranties
31355f0b-35da-4f65-81be-5887350cda3d
Clause: In consideration of Executive's performance of the responsibilities and duties set forth in Section 1, the Bank will provide Executive the compensation specified in this Agreement.  The Bank will pay Executive a salary of $237,600 for the term of this Agreement ("Base Salary") .     Such Base Salary will be pay...
Label: Base Salary
0b0a5382-6f8d-496e-a12f-23c511a79223
Clause: Schedule 2.2(f) of the Company Disclosure Schedule lists all governmental and any other material consents, approvals, authorizations, applications, registrations and qualifications that are required to be obtained in connection with or for the consummation of the transactions contemplated by this Agreement (the...
Label: Consents
1d0db5b7-80cc-49fe-a0fc-1e502bccfd62
Clause: Notwithstanding anything else to the contrary, a Participant’s benefits under this Plan shall be forfeited in the event that a Participant is terminated for Cause.  Further, if at any time following the Separation from Service or the commencement of benefits under this Plan, the Company learns that the Particip...
Label: Forfeitures
7ab8473a-bf24-4f0c-a4e3-599c1be18a13
Clause: The Company confirms that neither it nor any person acting on its behalf has provided the Member or its respective agents or counsel with any information that the Company believes constitutes material, non-public information, except insofar as the existence and terms of the proposed transactions hereunder may c...
Label: Disclosures
b469b7b2-5597-4644-a4d6-801902722399
Clause: The Seller has complied with the Applicable Requirements with respect to the Mortgage Loans in all material respects, including, without limitation, the federal Fair Housing Act, federal Equal Credit Opportunity Act and Regulation B, federal Fair Credit Reporting Act, federal Truth in Lending Act and Regulation...
Label: Compliance With Laws
303f166a-f15c-4a66-954b-4bba6cab2c91
Clause: From time to time, as and when requested by any Party, each Party shall execute and deliver, or cause to be executed and delivered, all such documents and instruments and shall take, or cause to be taken, all such further or other actions, as such other party may reasonably deem necessary or desirable to consum...
Label: Further Assurances
5dbb3f6f-771b-4ec2-a9e0-c6603ade3fc6
Clause: For value received , Maker promises to pay to Holder at 5940 S. Rainbow Blvd., Las Vegas, NV 89118 , or at such other place as Holder may designate in writing, in currently available funds of the United States, the principal amount of Five Hundred Twenty-Five ( USD) . Maker’s obligation under this Note shall ac...
Label: Interests
fa8e3ef4-7ebf-4510-ae83-cd0859e15bc8
Clause: Each of the Parties to this Agreement hereby waives any right to a jury trial with respect to any claim, action, suit or proceeding made or brought by one of the Parties against the other in connection with or arising under this Agreement. Task: Classify this clause into ONE of these types (exactly one label):...
Label: Waiver Of Jury Trials
42f29c78-c205-4be1-90f0-2bd2655f4cb4
Clause: EACH PARTY HERETO HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AMENDMENT OR ANY OF THE OTHER LOAN DOCUMENTS. EACH PARTY HERETO (A) CERTIFIES THAT NO ...
Label: Waiver Of Jury Trials
6bae676d-b8e2-44f1-82d1-307dce5347e1
Clause: The ABL Collateral Agent, on behalf of itself and each other ABL Claimholder under the ABL Loan Documents, and the Term Loan Collateral Agent, on behalf of itself and each other Term Loan Claimholder under the Term Loan Documents, and each ABL Grantor, agree that each of them shall take such further action and ...
Label: Further Assurances
68263942-4488-49ef-893a-da9155941c33
Clause: Subject to Exhibit A of this Agreement, you agree that you will not disclose this Agreement or any of its terms or provisions, directly or by implication, except to members of your immediate family and to your legal and tax advisors, and then only on condition that they agree not to further disclose this Agreem...
Label: Confidentiality
bc99f06c-78f7-4cc1-aee8-fb3d114b4f11
Clause: The Deferred Stock Units granted pursuant to this Agreement are 100% vested as of the Award Date. 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, Authoriz...
Label: Vesting
d2008b19-41a4-41ef-92b7-007a6a79261d
Clause: Section 4.5 of the Disclosure Schedule contains true and complete copies of (i) the unaudited balance sheet of the Company as of December 31, 2015 and the related unaudited statements of income, stockholders’ equity and cash flows for the two years ended December 31, 2015 and December 31, 2014 (the “ Annual Fin...
Label: Financial Statements
d93feb10-282e-43cb-adbc-27db9408610c
Clause: This Warrant Certificate shall be governed by, and construed in accordance with, the internal laws of the State of New Jersey, without reference to the conflicts of laws provisions thereof. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corrupt...
Label: Governing Laws
06c5eeb0-97d3-4b19-bd3f-efba3055baaf
Clause: The Servicer will use reasonable efforts to collect all payments due under each Lease in the 2017-B Reference Pool. The Servicer may waive late payment charges or other fees that may be collected in the ordinary course of servicing a Lease.  The Servicer may grant extensions, refunds, rebates or adjustments on ...
Label: Amendments
90cbacaf-1b84-4bcf-8494-1f4a74b7e124
Clause: Each of the parties to this Agreement shall execute and deliver such additional documents, instruments, conveyances and assurances and take such further actions as may be reasonably required to carry out the provisions hereof and to give effect to the transactions contemplated hereby. Task: Classify this claus...
Label: Further Assurances
de54bebc-d2da-4831-8439-7d781ab9e42f
Clause: On the Closing Date (after giving effect to the Transactions on a Pro Forma Basis, which Transactions shall be deemed to be a “Specified Transaction” for such purposes), immediately following the making of each Loan and after giving effect to the application of the proceeds of such Loans, the Borrower on a cons...
Label: Solvency
9e4ee617-f859-42eb-8a86-0be779f6bb30
Clause: The period of employment of the Executive by Employer shall commence upon the Effective Date and, subject to earlier termination as provided in this Agreement, continue thereafter for a one (1)-year term (the “ Term ”); provided , that the Term shall automatically renew for additional one (1)-year periods there...
Label: Terms
6cd35865-086d-4e79-9996-861b91a95b1d
Clause: The agreements in the first sentence of Section 2.10(a) , in Article III , in the penultimate sentence of Section 10.02(d) , in this Section 10.04 and in Section 10.05 shall survive the repayment of all Obligations under the Loan Documents. Task: Classify this clause into ONE of these types (exactly one label)...
Label: Survival
15d8340d-e78e-4849-b807-b6bcd0e99690
Clause: Other than with respect to Taxes, which shall be governed solely by Section 2.20, the Borrower agrees to indemnify each Lender for, and to hold each Lender harmless from, any loss or expense (other than lost profits, including the loss of Applicable Margin) that such Lender actually sustains or incurs as a cons...
Label: Indemnity
5102ea15-7ec2-4240-adae-37389bdecde0
Clause: Notwithstanding any action the Company takes with respect to any or all income tax, social insurance, payroll tax, or other tax-related withholding (“ Tax-Related Items ”), the ultimate liability for all Tax-Related Items is and remains the Director’s responsibility and the Company: (a) makes no representations...
Label: Withholdings
4aa720a1-72d5-42ee-a566-1c73c1b88d7c
Clause: Paragraph 12(a) of the Lease is hereby amended to provide that Lessee shall, at Lessee’s sole cost and expense, provide and keep in force the insurance policies described in Paragraph 12 commencing as of December 31, 2016.  In addition, the requirement of Lessee to provide property insurance in clause (ii) of P...
Label: Insurances
dab1e781-ebcc-4a0f-a390-f0ea1d385dfc
Clause: You further agree that, except as may be required by applicable law, you shall not make any statement, written or verbal, in any forum or media, or take any other action in disparagement of the Company or its subsidiaries or affiliates or their respective past or present products, services, officers, directors,...
Label: Non-Disparagement
75f43fbe-9902-4c23-a64e-374112b8c1ef
Clause: Except with respect to the material terms and conditions of the transactions contemplated by the Transaction Documents, the Company confirms that neither it nor any other Person acting on its behalf has provided any of the Purchasers or their agents or counsel with any information that it believes constitutes o...
Label: Disclosures
8a02c1a3-0ee6-4446-bb3f-c2b07e7d106c
Clause: (a)  Neither Landlord, any Superior Lessor or any Superior Mortgagee, nor any partner, director, officer, shareholder, principal, board member, agent or employee of Landlord, any Superior Lessor or any Superior Mortgagee (whether disclosed or undisclosed), shall be liable to Tenant for (i) any loss, injury or d...
Label: Indemnifications
1390c18b-3b97-4e6d-af02-5b6c5338b523
Clause: The Company may terminate the Executive’s employment if he is disabled and unable to perform the essential functions of the Executive’s then existing position or positions under this Agreement with or without reasonable accommodation for a period of 180 days (which need not be consecutive) in any 12-month perio...
Label: Disability
a020432a-6c8b-4836-a0b9-b587f7f5cb89
Clause: This Agreement will terminate upon the earlier of (a) the Effective Time and (b) the date of termination of the Merger Agreement in accordance with its terms (the “ Expiration Time ”); provided that (i) Section 5 shall survive the Expiration Time in accordance with its terms; (ii) Section 6 shall survive the Ex...
Label: Terminations
9438ab48-a6ca-48d9-a89e-e60076667520
Clause: During the Term (defined below), the Employer shall employ Executive to serve as, and the Company shall appoint or cause to be appointed the Executive to the position of, the COO Operations of the Company, upon the terms and conditions set forth in this Agreement, and Executive shall report directly to the Chie...
Label: Employment
92813c77-f079-4d09-927f-ca2867ced232
Clause: Any provision of this Amendment held to be illegal, invalid or unenforceable in any jurisdiction, shall, as to such jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability without affecting the legality, validity or enforceability of the remaining provisions hereof; and the...
Label: Severability
e2bbe842-ec17-4939-9764-c20937affb9b
Clause: Such Grantor will not create, incur, or suffer to exist any Lien on the Collateral owned by it except (i) the security interest created by this Security Agreement, and (ii) Liens permitted pursuant to Section 6.02 of the Credit Agreement. Task: Classify this clause into ONE of these types (exactly one label): ...
Label: Liens
8c6321f7-97dc-4f7c-b44b-09b5b5c7e0f8
Clause: Whenever possible, each provision of this Agreement will be interpreted in a manner to be effective, valid and enforceable. If, however, any provision of this Agreement is held to be illegal, invalid or unenforceable under any present or future law, then such provision will be ineffective only to the extent of ...
Label: Severability
c422af55-424a-4ec7-97cc-ffdbc3e1ebef
Clause: The Assignor hereby transfers and assigns to the Assignee, and the Assignee hereby acquires from the Assignor all of the Assignor’s rights and interests in and to the Assignment Agreement, of whatever kind or nature, and the Assignee hereby assumes and agrees to perform all obligations, duties, liabilities and ...
Label: Assignments
be31326f-f9e9-417c-832e-9dcab992e7ec
Clause: (%2) (%3)On the Determination Date, the Company shall determine the extent to which the Performance Goal has been achieved. Subject to the provisions of this Section 3, the delivery of Shares with respect to the PRSUs is contingent on the attainment of the Performance Goal and, except as otherwise set forth in ...
Label: Vesting
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Clause: Neither this Agreement nor any of the rights, interests or obligations of the Distributor under this Agreement shall be assigned, delegated or sub- contracted without the prior written consent of the Company. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their permitted...
Label: Assignments
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Clause: This letter (together with the attached Obligations Agreement and Change in Control Agreement) sets forth the entire understanding between the Company and yourself with respect to your employment by the Company. All prior discussions, negotiations, correspondence and other understandings between you and the Com...
Label: Entire Agreements
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Clause: Other than as contemplated in the Transaction Documents, neither the Issuer nor the Transferor shall, directly or indirectly, (a) merge with, purchase, own, hold, invest in or otherwise acquire any equity interests of, or any other interest in, all or substantially all of the assets of, any Person or any joint ...
Label: Subsidiaries
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Clause: Each Party to this Agreement shall bear its own expenses incurred in connection with the negotiation, preparation, execution and performance of this Agreement. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, App...
Label: Expenses
395fdf8c-edae-4b5e-ac64-885a1c9897cc
Clause: Except as set forth on Schedule 3.3 , the execution, delivery and performance of the Exchange Documents by the Company and the consummation by the Company of the transactions contemplated hereby and thereby (including, without limitation, the issuance of the Exchange Primary Securities and the reservation for i...
Label: No Conflicts
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Clause: The execution, delivery and performance by Borrower of each Loan Document to which it is or is to be a party is within Borrower’s corporate powers, have been duly authorized by all necessary corporate action, and do not (a) contravene Borrower’s charter or bylaws, (b) violate any law, rule, regulation (includin...
Label: Powers
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Clause: This Agreement may be executed and delivered by facsimile, e-mail, or other electronic signature, and in two or more counterparts, each of which will be deemed an original, and all of which will constitute the same agreement. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, ...
Label: Counterparts
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Clause: This Agreement and each other Related Agreement constitutes the entire agreement, and supersedes all other prior agreements and understandings, both written and oral, among the Parties with respect to the subject matter hereof. This Agreement shall be binding upon and inure solely to the benefit of each Party a...
Label: Entire Agreements
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Clause: The waiver by Employer or the Executive of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent or other breach hereof. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruptio...
Label: Waivers
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Clause: Purchaser and Seller shall cooperate fully as and to the extent reasonably requested by the other Party, in connection with the filing of Tax Returns and any audit, litigation, or other proceeding (each a “ Tax Proceeding ”) with respect to Taxes imposed on or with respect to the assets, operations or activitie...
Label: Cooperation
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Clause: This Agreement may be executed in one or more counterparts. Each counterpart shall be considered an original and all such counterparts shall constitute a single agreement binding upon the parties. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-...
Label: Counterparts
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Clause: Section headings herein and in the other Loan Documents are included for convenience only, and neither limit nor amplify the provisions of this Amendment or any other Loan Document . Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Law...
Label: Headings
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Clause: This Agreement may be terminated by any Purchaser, as to such Purchaser’s obligations hereunder only and without any effect whatsoever on the obligations between the Company and the other Purchasers, by written notice to the other parties, if the Closing has not been consummated on or before December 29, 2017; ...
Label: Terminations
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Clause: The miscellaneous provisions set forth in Article VIII of the Pledge Agreement apply to this Agreement. This Agreement may be executed in two or more counterparts, each of which shall constitute an original but all of which, when taken together, shall constitute but one contract. Delivery of an executed counter...
Label: Miscellaneous
b50e6d9b-0cb6-4a56-9f45-4ca294ea4d9a
Clause: Each party to this Agreement, in addition to being entitled to exercise all rights granted by law, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. Each party hereto agrees that monetary damages would not be adequate compensation for any loss incurred b...
Label: Remedies
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Clause: Notwithstanding anything to the contrary contained herein, the Board may, at any time and from time to time, without any further action of the Committee, exercise all the powers and duties of the Committee under the Plan. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agre...
Label: Powers
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Clause: Notwithstanding any provision herein to the contrary, the payment of any amount or provision of any benefit pursuant to subsection (b), (d), or (e) of this Section 8 (other than the Accrued Obligations) (collectively, the “ Severance Benefits ”) shall be conditioned upon Executive’s execution, delivery to the C...
Label: Releases
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Clause: No broker or finder has acted for the Company in connection with this Agreement or the transactions contemplated thereby, and no broker or finder is entitled to any brokerage or finder’s fees or other commission in respect of such transactions based in any way on agreements, arrangements or understandings made ...
Label: Brokers
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Clause: For purposes of this Section 2.16, the term “Lender” includes any Issuing Bank and 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, A...
Label: Defined Terms
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Clause: Except, in each case, as set forth on Schedule 4.15 , each International Loan Party owns, or possesses the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights that are reasonably necessary for the operat...
Label: Intellectual Property
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Clause: Except as set forth on Schedule 2.3 , the execution, delivery and performance of the Exchange Documents by the Company and the consummation by the Company of the transactions contemplated hereby and thereby (including, without limitation, the issuance of the Exchanged Notes and reservation for issuance and issu...
Label: No Conflicts
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Clause: During the Term (defined below), the Employer shall employ Executive to serve as, and the Company shall appoint or cause to be appointed the Executive to the position of, the CPO of the Company, upon the terms and conditions set forth in this Agreement, and Executive shall report directly to the Chief Executive...
Label: Employment
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Clause: THIS AMENDMENT SHALL BE GOVERNED BY, AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK, WITHOUT REFERENCE TO THE CONFLICTS OR CHOICE OF LAW PRINCIPLES THEREOF (OTHER THAN NEW YORK GENERAL OBLIGATIONS LAW SECTION 5-1401). Task: Classify this clause into ONE of these types (exactly ...
Label: Governing Laws