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c0035734-9b9c-4749-8666-97eec8dba13d
Clause: Change in Control means, with respect to the Company, any of the following events as defined below: (a) a change in the ownership of the Company, (b) a change in the effective control of the Company, or (c) a change in the ownership of a substantial portion of the assets of the Company. Task: Classify this cla...
Label: Change In Control
19666491-8faf-461d-ab18-291993df1df7
Clause: If any one or more than one of the provisions contained in this Agreement are, for any reason, held to be invalid, illegal, or unenforceable in any respect, the rest of this Agreement will remain enforceable. This Agreement shall then be construed as if it never contained the invalid, illegal, or unenforceable ...
Label: Severability
0ac80875-3ca4-423c-a7f6-11bb5ad9fcaf
Clause: Seller is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, and is qualified to do business in each jurisdiction in which the Station Assets are located. Seller has the requisite power and authority to execute, deliver and perform this Agreement and th...
Label: Organizations
32f2394c-f1f5-4b8e-9239-b0ee2d5f9305
Clause: All Company action has been taken on the part of the Company necessary for the authorization, execution and delivery of this Agreement and the Note. Except as may be limited by applicable bankruptcy, insolvency, reorganization or similar laws relating to or affecting the enforcement of creditors’ rights, the Co...
Label: Authorizations
20cba6d0-d245-44eb-bee6-ae6e52e387a3
Clause: Any termination or expiration of this Agreement shall not affect any obligations or payments due hereunder and outstanding as of the date of such termination or expiration, nor shall it prejudice any other rights or remedies that a party may have under this Agreement.  Notwithstanding any termination or expirat...
Label: Survival
44d9e80e-d8f1-4b3d-b692-cb9aa7a4a8c1
Clause: All of the covenants, terms, and conditions set forth herein shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. This Assignment shall be governed by and construed in accordance with the laws of the State of Maine, without giving effect to the confli...
Label: Miscellaneous
4bf2e331-592d-49c8-bc07-38fde3f4c169
Clause: Keep its insurable properties adequately insured at all times by financially sound and reputable insurers (which may include captive insurers), and maintain such other insurance or self insurance, to such extent and against such risks, including fire and other risks insured against by extended coverage, as is c...
Label: Insurances
0d9026a8-36c6-4019-bcab-6defddd60f58
Clause: This Agreement contains all the terms and conditions agreed upon by the Parties regarding the subject matter of this Agreement, except as otherwise expressly stated herein. Any prior agreements, promises, negotiations or representations, either oral or written, relating to the subject matter of this Agreement n...
Label: Entire Agreements
5f539376-29d9-4038-b826-101a69f44672
Clause: This Agreement, the other Loan Documents and any separate letter agreements with respect to fees payable to the Administrative Agents, for their respective own accounts and benefit and/or for the account, benefit of, and distribution to, the Lenders, constitute the entire contract among the parties relating to ...
Label: Integration
cb716747-1b61-41a8-a756-3882a73192a5
Clause: The remedies at law of the Holder of this Warrant in the event of any default or threatened default by the Company in the performance of or compliance with any of the terms of this Warrant are not and will not be adequate and, without limiting any other remedies available to the Holder in the Purchase Agreement...
Label: Remedies
19b4c31a-332c-4a0b-9c28-321617e4d704
Clause: The Borrowers and each Lender hereby (a) acknowledge and agree that (i) one or more Affiliates of JPMorgan Chase are or may become direct or indirect equity investors in the Company, and (ii) JPMorgan Chase and/or its Affiliates from time to time may hold other investments in, make other loans to or have other ...
Label: Disclosures
e8d54ab8-03ff-4afd-a576-d5488bf6e550
Clause: (a) Parachute Payments . In the event that (i) any severance payment, insurance benefits, accelerated vesting, pro-rated bonus or other benefit payable to Executive shall constitute a “parachute payment” within the meaning of Code Section 280G (“ Parachute Payment ”) and be subject to the excise tax imposed by ...
Label: Miscellaneous
b54b8111-fdfa-479f-bdbc-1d4475647599
Clause: The Company’s existence shall commence on the effective date of the initial filing of the Certificate and shall continue until the Company terminates pursuant to Article X . The Company shall not conduct business until the Certificate has been filed with the Secretary of State of Delaware. Task: Classify this ...
Label: Terms
ffbbd6cf-70ba-4b8a-973e-49080c55bb82
Clause: Except as expressly provided otherwise in this Agreement, all notices and other communications provided to any party hereto under this Agreement shall be in writing and shall be given by personal delivery, by mail, by reputable overnight courier, or by facsimile and addressed or delivered to it at its address s...
Label: Notices
63fd9ab8-e046-4fb3-871c-ed76236fc4c3
Clause: All news releases, publicity or advertising by Borrower or its Affiliates through any media intended to reach the general public which refers to the Loan, the Loan Documents or the financing evidenced by the Loan Documents, to Agent, Lender, Morgan Stanley Bank, N.A. or any of their Affiliates shall be subject ...
Label: Publicity
1f5c649f-c07e-40e0-b141-e5a62740e0d4
Clause: The Company shall not sell, offer for sale or solicit offers to buy or otherwise negotiate in respect of any security (as defined in Section 2 of the Securities Act) that would be integrated with the offer or sale of the Notes in a manner that would require the registration under the Securities Act of the sale ...
Label: Integration
5d7fcb3e-527e-4d63-be54-19501998ce6d
Clause: The provisions of this Agreement which by their terms are to be performed or complied with subsequent to the termination or expiration of this Agreement shall survive such termination or expiration and shall continue in full force and effect in accordance with their respective terms. Except as set forth below o...
Label: Survival
d40b105e-8bc4-4b76-803c-12b985157da6
Clause: If any one or more of the provisions contained in this Agreement is held for any reason to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein will not in any way be affected or impaired thereby, but this Agreement will be c...
Label: Severability
b43b4353-9dfe-4e86-9fef-c5f8077acf9a
Clause: The agreements in this Section and the indemnity provisions of Section 11.02(e) shall survive the resignation of the Administrative Agent, each L/C Issuer and the Swingline Lender, the replacement of any Lender, the termination of the Aggregate Revolving Commitments and the repayment, satisfaction or discharge ...
Label: Survival
da1346a0-6b0d-4bbb-a4db-c171a5b10759
Clause: The Partnership Entities carry or are entitled to the benefits of insurance, with financially sound and reputable insurers, in such amounts and covering such risks as is generally maintained by companies of established repute engaged in the same or similar business, and all such insurance is in full force and e...
Label: Insurances
306f3808-6d2a-43f9-955b-a8c825f74fe6
Clause: EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE TERMINATION, THE TRANSACTION DOCUMENTS AND OTHER TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.  EACH PARTY CERTIF...
Label: Waiver Of Jury Trials
102ed19f-f3c4-4156-b808-a4b1b100f133
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 the Borrower may not assign or otherwise transfer any of its rights or obligations hereunder without the prior written consent of the Ad...
Label: Successors
44e1dde1-5dc7-45fb-bfbb-4b447db703a1
Clause: This Agreement shall become effective (other than Section 2.01, which shall only become effective upon satisfaction of the conditions precedent set forth in Section 3.01) when it shall have been executed by the Company and the Agent and when the Agent shall have been notified by each Initial Lender that such In...
Label: Binding Effects
85cca287-7c92-4298-abdc-dcbd59532fd8
Clause: To the best of Seller’s knowledge, except as set forth on Schedule 8(i) there are no consents or preferential purchase rights that are applicable in connection with the transactions contemplated by this Agreement. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, ...
Label: Consents
f1b43e03-c88d-4d3d-bed5-71bd6b86f7f6
Clause: Each Debtor, to the extent applicable to it, hereby expressly waives: (i) the benefit of appraisement as provided in Louisiana Code of Civil Procedure Articles 2332, 2336, 2723 and 2724, and all other laws conferring the same; (ii) the notice of seizure required by Louisiana Code of Civil Procedure Articles 229...
Label: Waivers
3c1e9586-ec1b-4a0e-96d4-e56f5a472686
Clause: Agreement "). In addition, in the event the acquiring or succeeding corporation in a Change in Control does not agree to assume the unvested RSUs as of immediately prior to the Change in Control, or substitute substantially equivalent RSUs for the unvested RSUs, then all remaining unvested RSUs shall become ful...
Label: Employment
778fd803-d003-4c23-991a-3f145bf1ef06
Clause: Each Secured Party, by accepting the benefits of the Loan Documents, agrees that (i) any action taken by Agent or the Required Lenders (or, if expressly required hereby, a greater proportion of the Lenders) in accordance with the provisions of the Loan Documents; (ii) any action taken by Agent in reliance upon ...
Label: Binding Effects
2979f91d-0879-4411-a3de-8b3b336576e5
Clause: This Guaranty Agreement and all claims and causes of action arising out of this Guaranty Agreement shall be governed by and construed in accordance with the applicable law pertaining in the State of New York, other than those conflict of law provisions that would defer to the substantive laws of another jurisdi...
Label: Governing Laws
c336c3ad-447a-45d4-ab90-d18d02f29bc9
Clause: Other than consummating the transactions contemplated hereunder, the Purchaser has not, nor has any Person acting on behalf of or pursuant to any understanding with the Purchaser, directly or indirectly executed any purchases or sales, including Short Sales, of the securities of the Company during the period co...
Label: Confidentiality
d4317d5c-9b1a-41b4-b3c7-222a98a280a8
Clause: The capitalized words and phrases used throughout the Supplement shall have the meanings in Section 2, unless the context requires otherwise. Unless otherwise plainly required by the context, any gender may be construed to include all genders, and the singular or plural may be construed to include the plural or...
Label: Definitions
9576a8c4-98c3-43f4-bd20-2c70b77cd82c
Clause: The representations and warranties of the Seller Parties in ARTICLE III (without giving effect to any “materiality,” “in all material respects,” “Seller Material Adverse Effect,” or similar qualifiers), shall be true and correct on the date of this Agreement and as of the Closing Date as if remade on the Closin...
Label: Representations
aadb5fc3-d9ac-45a8-a052-527bbf77fb8d
Clause: Any provision of this Agreement to the contrary notwithstanding, the Company may take such steps as it may deem necessary or desirable for the withholding of any taxes which it is required by law or regulation of any governmental authority, federal, state or local, domestic or foreign, to withhold in connection...
Label: Taxes
87c2a393-8036-4683-a98b-05d24d3d393d
Clause: The Company is in the process of restating its financials for several quarters and yearend statements to bring current. All quarterly and annual reports required to be filed by the Company under the Exchange Act for the three (3) years preceding the date hereof (the foregoing materials, including the exhibits t...
Label: Financial Statements
991def7c-aa86-4bfd-84ad-52f7ae93c8b0
Clause: All payments to be made by any Guarantor pursuant to this Guaranty shall be made in Dollars, in immediately available funds to the Administrative Agent at the Principal Office, not later than 5:00 p.m. Eastern time on the date of demand therefor. Task: Classify this clause into ONE of these types (exactly one ...
Label: Payments
b16d6dc3-ac68-45cf-b025-653da1b970a6
Clause: The Company has provided Ricketts with access to, and has confided in him, information, business methods and systems, techniques and methods of operation developed at great expense by the Company and which are assets of the Company. Ricketts recognizes and acknowledges that: (i) all Confidential Information (de...
Label: Confidentiality
d7bcbd45-e993-4382-90c1-b0e495da549f
Clause: This Note may be amended, supplemented or otherwise modified only with the written consent or agreement of both the Company and the Holder. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbitration,...
Label: Amendments
3c3e4934-fbe6-45ea-be98-4c7d72db1f94
Clause: At the Closing, the Company's obligation with respect to the transactions contemplated by this Agreement is to reimburse Buyer' expenses shall be $3,000.00 for Buyer's legal fees and due diligence fee. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, ...
Label: Expenses
cd5e830b-8d4c-48d0-ac01-68bdf296cb3e
Clause: If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement shall remain in full force and effect. The parties further agree that if any provision contained herein is, to any extent, held invalid or unenforceable in any respe...
Label: Severability
eb99fc3c-e626-4bef-bd1b-1e762d0e4f71
Clause: No representation or warranty made by any Credit Party in this Agreement or in any financial statement, report, certificate or any other document furnished in connection herewith or therewith, taken as a whole, contains any untrue statement of a material fact or omits to state any material fact necessary to mak...
Label: Disclosures
b0599c95-f05e-48e7-b8a1-63c1c73201f2
Clause: Under no circumstances shall Purchaser have the right to assign this Agreement to any person or entity owned or controlled by an employee benefit plan if Seller’s sale of the Property to such person or entity would, in the reasonable opinion of Seller’s ERISA advisors or consultants, create or otherwise cause a...
Label: Erisa
fc806f97-1716-4c37-aec1-a9ff2d046ba0
Clause: This Guarantee may be executed in any number of counterparts, each of which when so executed shall be deemed to constitute one and the same Guarantee. Delivery by facsimile or other electronic transmission by any of the parties hereto of an executed counterpart of this Guarantee shall be as effective as an orig...
Label: Counterparts
69729e54-9f5d-462d-ae78-91e2d2f13d96
Clause: All of the direct and indirect subsidiaries of the Company are set forth on Schedule 3.1(a) . The Company owns, directly or indirectly, the capital stock or other equity interests of each Subsidiary free and clear of any Liens, and all of the issued and outstanding shares of capital stock of each Subsidiary are...
Label: Subsidiaries
3c7c9392-1fcd-4ca9-8ffb-cbcae400e400
Clause: Borrowers shall pay (i) all out-of-pocket expenses incurred by Agent and its Affiliates (including the reasonable fees, charges and disbursements of counsel for Agent), and shall pay all fees and time charges and disbursements for attorneys who may be employees of Agent, in connection with the syndication of th...
Label: Expenses
a4f69afc-aaf8-454d-a278-343872490761
Clause: This Agreement shall commence on the Effective Date, and this Agreement shall remain in effect until the 10th anniversary of the Effective Date (the “Initial Term”) and thereafter on a Year to Year basis until terminated by Gatherer or Producer effective upon the expiration of the Initial Term or the expiration...
Label: Terms
340d092c-dba8-49f0-9f87-95d6257a2022
Clause: This Guaranty may be executed in counterparts, each of which so executed shall be deemed to be an original, but all of such counterparts shall together constitute but one and the same instrument. Delivery by telecopier or other electronic transmission (including a .pdf e-mail transmission) of an executed counte...
Label: Counterparts
20307c8d-1a82-4e60-851c-a2b7bdfdb0c6
Clause: Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if one or more of the provisions of this Agreement is subsequently declared invalid or unenforceable, such invalidity or unenforceability shall not in any way affect t...
Label: Severability
4b901225-a984-4390-819b-cb672a30971f
Clause: The secretary shall cause notices of all meetings to be served as prescribed in these By-Laws and shall keep or cause to be kept the minutes of all meetings of the shareholders and the Board. The secretary shall have charge of the seal of the Corporation. The secretary shall perform such other duties and posses...
Label: Duties
6a1dfc10-dea0-483b-8931-a30ed7f52a40
Clause: Each party agrees to execute and deliver such additional documents and instruments as may reasonably be required to effect this transaction fully, so long as the terms thereof are consistent with the terms of this Agreement. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, A...
Label: Further Assurances
2042f7fe-7ad4-478f-acf7-34fad1cce01e
Clause: The Board, the Compensation Committee of the Board or, to the extent permitted by resolution of the Board or the Compensation Committee, any delegate of the Board or Compensation Committee may amend, modify, suspend or discontinue this SERP at any time; provided, however, that no such amendment, modification, s...
Label: Amendments
7c05e043-a8e5-4be8-b9cb-2a3fbe5b1e05
Clause: All covenants, agreements, representations and warranties made by the Loan Parties in the Loan Documents and in the certificates or other instruments delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the other parties hereto and...
Label: Survival
4b18f945-6f6d-4237-ad58-e5d155690112
Clause: Each Borrower hereby represents to Lender that as of the date hereof, such Borrower is in full compliance with all of the terms and conditions of the Agreement and each other Facility Document and no Default or Event of Default has occurred and is continuing under the Agreement or any other Facility Document. ...
Label: Representations
ee9c7771-2075-4c45-843d-8ccf661230e1
Clause: This Agreement and any disputes hereunder shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of law...
Label: Governing Laws
8b811b5f-652a-4293-a75d-196df5d3fdc1
Clause: To the full extent permitted by law, the Company will, both during and after the period of the Executive's employment, indemnify the Executive (including by advancing him expenses) for any judgments, fines, amounts paid in settlement and reasonable expenses, including any attorneys' fees, incurred by the Execut...
Label: Indemnifications
36333199-13f8-490c-b238-f9de502a8215
Clause: In case any provision of this Agreement shall be invalid, illegal or unenforceable, it shall, to the extent possible, be modified in such manner as to be valid, legal and enforceable but so as most nearly to retain the intent of the Parties. If such modification is not possible, such provision shall be severed ...
Label: Severability
3e0e0eef-639f-4d62-9d16-211f0eb97b95
Clause: The execution and delivery by the Investor of this Agreement and, as of the Closing Date, the Investor Rights Agreement do not and will not, and the consummation of the Transactions and compliance with the provisions of this Agreement and the Investor Rights Agreement will not, conflict with, or result in any v...
Label: No Conflicts
d3aee877-b801-4de8-b57f-84c702ba36a5
Clause: Imperial Finance has been duly organized and is validly existing and in good standing under the laws of the State of Florida (and is not organized under the laws of any other jurisdiction or Governmental Authority) with the requisite power and authority to own its properties and to conduct its business as such ...
Label: Organizations
82c14256-c6ad-492a-acb9-576e29f49aaa
Clause: Purchaser shall make available for inspection by Investors holding Registrable Securities included in such Registration Statement, any Underwriter participating in any disposition pursuant to such registration statement and any attorney, accountant or other professional retained by any Investor holding Registra...
Label: Records
f9ce04e1-910a-4e2e-9b14-e4f7d514d757
Clause: Each Party agrees to take such steps and to execute any documents as may be reasonably necessary or proper to effectuate the purpose and intent of this Agreement and to preserve its validity and enforceability.  In the event that any action or proceeding of any type whatsoever is commenced or prosecuted by any ...
Label: Cooperation
593f0b4f-551d-4928-8b29-e666b601c5dc
Clause: EACH SECURED PARTY SHALL INDEMNIFY AND HOLD HARMLESS AGENT INDEMNITEES AND ISSUING BANK INDEMNITEES, TO THE EXTENT NOT REIMBURSED BY OBLIGORS, ON A PRO RATA BASIS, AGAINST ALL CLAIMS THAT MAY BE INCURRED BY OR ASSERTED AGAINST ANY SUCH INDEMNITEE; PROVIDED THAT ANY CLAIM AGAINST AN AGENT INDEMNITEE RELATES TO O...
Label: Indemnifications
362db73d-1eed-482b-89ca-ab2f2bb9f180
Clause: No failure to exercise and no delay in exercising, on the part of the Administrative Agent, the Issuing Lender, any Lender or any Loan Party, any right, remedy, power or privilege hereunder or under the other Loan Documents shall operate as a waiver thereof; nor shall any single or partial exercise of any right...
Label: No Waivers
974f8102-1264-47c6-b4f1-37b0fb3b44ad
Clause: Each party hereto hereby irrevocably submits to the jurisdiction of any Texas state or federal court sitting in Houston, Texas in any action or proceeding arising out of or relating to this Guaranty or the other Credit Documents, and each party hereto hereby irrevocably agrees that all claims in respect of such...
Label: Submission To Jurisdiction
08347158-b8c4-47d8-b3a5-90c540caeb5a
Clause: The parties recognize that a dispute may arise out of or relate to this Agreement ( "Dispute" ).  Any Dispute among the parties or their respective Affiliates will be resolved in accordance with this Section 10.15 and Section 10.16 . Task: Classify this clause into ONE of these types (exactly one label): Adjus...
Label: General
8d6c212d-5fd0-417c-8d44-e9cf849750ee
Clause: This Agreement contains the entire agreement between the Parties relating to the subject matter hereof, and all prior understandings, representations and warranties between the Parties are superseded by this Agreement. For clarity, the Original Agreement shall be deemed amended and restated in its entirety by t...
Label: Entire Agreements
37cf6bd2-bcbc-4d2a-938f-fa663ba22125
Clause: No assignment of this Agreement or Buyer's rights or obligations hereunder shall be made by Buyer without first having obtained Seller's written approval of any such assignment, which approval may be granted or withheld in the sole and absolute discretion of Seller. Notwithstanding the foregoing, Buyer may assi...
Label: Assignments
f6fc3430-c37a-427b-aa9d-6330caebfbcc
Clause: To request the issuance of a Letter of Credit or the amendment, renewal or extension of an outstanding Letter of Credit, the Borrower Representative shall deliver by certified mail or transmit by facsimile (or transmit by electronic communication, if arrangements for doing so have been approved in writing by th...
Label: Amendments
dde943de-6bf9-4d59-b17d-47bb20dc0477
Clause: Any communication or notice required or permitted to be given under the Plan shall be in such form as the Committee may determine from time to time, and if required in writing, shall be mailed by registered or certified mail or delivered in hand, if to the Company, to 870 Winter Street, Waltham, Massachusetts 0...
Label: Notices
ecf8b7d8-1945-45a3-bee5-91fe7fc3e9c8
Clause: This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall be considered one and the same agreement and shall become effective when counterparts have been signed by each of the parties hereto and delivered to the other parties, it being ...
Label: Counterparts
9fcd04ff-02e8-45ff-a1ad-8cf44e7627b0
Clause: Neither Buyer nor Seller may assign all or any portion of its respective rights hereunder (including any of its rights under Article 14 ) or delegate all or any portion of its respective duties hereunder without the prior written consent of the other Party; provided, however , that as long as Buyer shall contin...
Label: Assignments
a9e6551a-489b-488c-beac-b7eca17cdb8f
Clause: The 2017-A Lease was fully and properly executed by the parties thereto and such 2017-A Lease represents the legal, valid and binding full-recourse payment obligation of the related Lessee, enforceable against such Lessee in accordance with its terms, except as enforceability is subject to or limited by bankrup...
Label: Enforceability
6d4b7755-2f41-4f50-9bc3-738248e0fb5f
Clause: The Borrower and the Collection Agent agree to promptly take such action, upon the reasonable request of the Administrative Agent, as is necessary to carry out the intent of this Amendment. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corrupt...
Label: Further Assurances
623e8f26-a83a-4452-88b3-9f8f737948e0
Clause: All disclosure furnished by or on behalf of the Company to the Investor in this Agreement regarding the Company, its business and the transactions contemplated hereby is true and correct and does not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make th...
Label: Disclosures
5f3d20f8-8568-4e9e-a11d-cc0ea94d5465
Clause: All such payments will be made free and clear of, and without deduction or withholding for, any present or future Indemnified Taxes, and in the event any deduction or withholding of Indemnified Taxes is required, Borrower shall comply with the next sentence of this Section  16.1 . If any Indemnified Taxes are s...
Label: Payments
75355cb8-345a-4c74-8881-5556ce412f95
Clause: In the event that any provision of this Agreement shall be held illegal, invalid, or unenforceable for any reason, such provision shall be fully severable, but shall not affect the remaining provisions of this Agreement, and this Agreement shall be construed and enforced as if the illegal, invalid, or unenforce...
Label: Severability
23029e5d-0c25-4389-8389-56527b5d126e
Clause: This First Amendment may be executed in any number of counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute one agreement. Delivery of an executed counterpart of a signature page of this First Amendment by facsimile transmission or other electronic trans...
Label: Severability
4d426f88-0a37-45e1-9208-3eb043114ff1
Clause: The execution, delivery and performance of the Transaction Documents by the Company and the consummation by the Company of the transactions contemplated hereby do not and will not (i) violate any provision of the Company’s Articles of Incorporation or Bylaws, each as amended to date, (ii) conflict with, or cons...
Label: No Conflicts
5f9312e6-35ee-46ec-b6bf-edec510805f3
Clause: EACH OF THE COMPANY AND THE HOLDER WAIVES ANY RIGHT TO TRIAL BY JURY ON ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION (A) ARISING UNDER THIS WARRANT OR (B) IN ANY WAY CONNECTED WITH OR RELATED OR INCIDENTAL TO THIS WARRANT OR THE TRANSACTIONS RELATED HERETO, IN EACH CASE WHETHER SOUNDING IN CONTRACT OR TORT OR O...
Label: Waiver Of Jury Trials
d0a51744-db51-40b6-8b28-1c04ded8a354
Clause: This Agreement may be modified or amended if the amendment is made in writing and is signed by both parties. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbitration, Assignments, Assigns, Authorit...
Label: Amendments
0c12ffaa-46c5-4f24-88d5-dc5807b934f0
Clause: Seller shall pay and discharge or cause to be paid and discharged, when due all taxes, assessments and governmental charges or levies imposed upon it or upon its income and profits or upon any of its Property, real, personal or mixed (including without limitation, the Purchased Assets) or upon any part thereof,...
Label: Taxes
66fc8b02-99bd-4ab0-9ad2-b613e92c81fb
Clause: (a) There are no actions, suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of any Loan Party, threatened against or affecting any Loan Party or any Subsidiary (i) as to which there is a reasonable possibility of an adverse determination and that, if...
Label: Litigations
be9e30e3-03e8-465c-bcc1-cf0502e1d497
Clause: Each payment by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including any Reimbursement Obligation) payable to the Lenders under this Agreement (or any of them) shall be made not later than 1:00 p.m. (Charlotte, North Carolina time) on the dat...
Label: Payments
e6274dbc-3020-4120-8b4d-35e27ee9935e
Clause: This Agreement (together with the attached indemnity provisions), including, without limitation, the construction and interpretation of thereof and all claims, controversies and disputes arising under or relating thereto, shall be governed and construed in accordance with the laws of the State of New York, with...
Label: Miscellaneous
54de63a2-9472-4493-a2a7-bfe146a78945
Clause: Each of Parent and Hamilton Beach Holding, as applicable, represents and warrants to the other that each Party has full power and authority to execute and deliver this Agreement and to consummate the Spin-Off. The execution and delivery of this Agreement and the consummation of the Spin-Off have been duly and v...
Label: Representations
ae81c62d-027c-41db-8084-008435890a57
Clause: The representations and warranties of the Seller made in connection herewith, including, without limitation, those in Article 5 and Section 8.1 hereof, shall be continuing representations and warranties, shall not merge with or into any deed of conveyance or other document or instrument delivered at or in conne...
Label: Warranties
3fc5c432-e50b-4c58-970e-9e7bb77cd1ca
Clause: If any provision of this Debenture is invalid, illegal or unenforceable, the balance of this Debenture 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 intere...
Label: Severability
f84ddeae-81eb-47b8-94a4-f86b3c569e11
Clause: The parties intend this Separation Agreement to be enforced as written. However, if any portion or provision of this Separation Agreement is to any extent declared illegal or unenforceable by a duly authorized court having jurisdiction, then the remainder of this Separation Agreement, or the application of such...
Label: Severability
d88f8e9b-f8ae-42c2-aa5a-4a12656ebb3f
Clause: Each of VMRE and Carvana agrees, whenever and as often as reasonably requested to do so by the other party or the Title Company, to execute, acknowledge, and deliver, or cause to be executed, acknowledged, or delivered, any and all such further conveyances, assignments, confirmations, satisfactions, releases, i...
Label: Further Assurances
9c5536d0-d0a2-49ad-86c1-c744bacb4964
Clause: The Borrower and each surety, guarantor, endorser and other party ever liable for payment of this Agreement or any part hereof jointly and severally waive notice, presentment, demand for payment, protest, notice of protest and non-payment or dishonor, notice of acceleration, notice of intent to accelerate, noti...
Label: Waivers
93d35758-2395-4a26-8722-b6049c43bdaf
Clause: All notices, demands, declarations, consents, directions, approvals, instructions, requests and other communications required or permitted by the terms of this Agreement shall be given in the same manner as in the OP Agreement. Task: Classify this clause into ONE of these types (exactly one label): Adjustments...
Label: Notices
912f4ad6-42c9-45f7-9bde-f15265586c71
Clause: The Lenders shall have received the most recent audited Consolidated financial statements for the period ended December 31, 2010, in each case of the Company and its Subsidiaries prepared in accordance with GAAP. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, A...
Label: Financial Statements
3a7a3e77-c50a-49ca-a523-ea7c86a7926e
Clause: All payments to be made by the Borrower shall be made without condition or deduction for any counterclaim, defense, recoupment or setoff. Except as otherwise expressly provided herein and except with respect to principal of and interest on Loans denominated in an Alternative Currency, all payments by the Borrow...
Label: General
594cfddb-a393-486b-ad88-82e8257076c2
Clause: If a court of competent jurisdiction determines that any provision of this Agreement is illegal, invalid or unenforceable, then the illegality, invalidity or unenforceability of that provision shall not impair or otherwise affect the legality, validity or enforceability of any other provision of this Agreement,...
Label: Severability
dd842c84-c83f-41f4-bca8-c6e5f7a4cac6
Clause: The Borrower shall (i) default in the payment when due of any principal of the Loans or (ii) default, and such default shall continue for five or more days, in the payment when due of any interest on the Loans or any Fees or any Unpaid Drawings or of any other amounts owing hereunder or under any other Credit D...
Label: Payments
174b1be3-deff-44e6-b7c3-d8147b5691ef
Clause: Any term or provision of this Agreement which is invalid or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such invalidity or unenforceability and, unless the effect of such invalidity or unenforceability would prevent the parties from realizing the major porti...
Label: Severability
fa4f13ac-7888-43f3-a3db-cc27cc39c1f7
Clause: The Obligors hereby authorize the Indenture Trustee (however the Indenture Trustee shall not have the obligation) to file a financing statement or statements in connection with the Account Collateral to properly perfect the Indenture Trustee’s security interest therein to the extent a security interest in the A...
Label: Further Assurances
c154e58f-af4e-4abf-97ce-23e848157a4d
Clause: Time is of the essence of this Agreement and each and every term, covenant and condition contained herein. All covenants, agreements, representations and warranties made in this Agreement or in any of the other Financing Documents shall continue in full force and effect so long as any of the obligations of any ...
Label: Survival
24fd9476-1355-4147-be60-d4fc0b1998e4
Clause: If an Event of Default occurs, excluding an Event of Default under Section 2.00(xvii), the outstanding Principal Amount of this Note owing in respect thereof through the date of acceleration, shall become, at the Holder's election, immediately due and payable in cash at the “ Mandatory Default Amount ”. The Man...
Label: Remedies
436b0059-329e-4bc0-b561-b02d250597fc
Clause: A Change in Control shall have occurred with respect to the Borrower, a Parent Pledgor, the Predecessor Parent Pledgor or the Assignor. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbitration, Ass...
Label: Change In Control
252cf5ea-b2ce-47e2-b123-97174e9adc2b
Clause: Whenever notice is required to be given under this Warrant, unless otherwise provided herein, such notice shall be given in accordance with the notice provisions contained in the Purchase Agreement. The Company shall provide the Holder with prompt written notice (i) immediately upon any adjustment of the Exerci...
Label: Notices
4acf563b-fa79-49fe-a55c-1b9e3a99fcee
Clause: Schedule 3.14 sets forth a description of all insurance maintained by or on behalf of the Loan Parties and their Restricted Subsidiaries as of the Restatement Effective Date. The Company maintains, and has caused each Restricted Subsidiary to maintain, with financially sound and reputable insurance companies, i...
Label: Insurances
ee9e0f1b-f716-457c-9cfc-6d897e7396c0
Clause: Neither the failure nor any delay on the part of a party to exercise any right, remedy, power or privilege under this Release Agreement shall operate as a waiver thereof. nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of an...
Label: Waivers