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ffe33745-6466-467f-8325-482caa01af01
Clause: This Agreement constitutes the entire agreement between the parties respecting the employment of Executive, there being no representations, warranties or commitments except as set forth herein and supersedes and replaces all other agreements related to the subject matter hereof, provided that any outstanding eq...
Label: Entire Agreements
a916bfbe-00ab-4271-82c0-3bc09e86badb
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 partnership agreement of the Operating Partnership, as amended and restated from time to time. Ta...
Label: Notices
ff9b18a1-adcc-4d9b-8d83-a96e9495cf47
Clause: Seller and its Subsidiaries have timely filed all tax returns that are required to be filed by them and have timely paid all Taxes due, except for any such Taxes as are being appropriately contested in good faith by appropriate proceedings diligently conducted and with respect to which is has established adequa...
Label: Taxes
bdb25695-dbed-4004-9f15-47d9c2bb1907
Clause: The Agent shall not, by any act (except by a written instrument), delay, indulgence, omission or otherwise, be deemed to have waived any right or remedy hereunder or to have acquiesced in any default or in any breach of any of the terms and conditions hereof.  No failure to exercise, nor any delay in exercising...
Label: No Waivers
919f8e79-b6fc-4f03-8281-db8990a6c99a
Clause: If the Term Loan Facility is increased or an incremental term facility is provided in accordance with this Section 2.17 , Administrative Agent and Borrower shall determine the effective date (the “ Increase Effective Date ”) and the final allocation of such increase or incremental term facility. Administrative ...
Label: Effective Dates
751c85f6-284a-430b-898e-40b1c3d7ea32
Clause: Subject to the provisions of Section 10.3 , in the event of any actual or threatened default in, or breach of, any of the terms, conditions and provisions of this Agreement, the Party who is thereby aggrieved shall have the right to specific performance and injunctive or other equitable relief in respect of its...
Label: Specific Performance
e1b1f770-692f-4156-9d6f-044ecbca9514
Clause: After giving effect to the first closing of the Acquisition and to the transactions contemplated by this Agreement and the other Transaction Documents, (a) the aggregate assets (after giving effect to amounts that could reasonably be received by reason of indemnity, offset, insurance or any similar arrangement)...
Label: Solvency
0be97310-aec1-4a0a-b5d7-370a3f678bdc
Clause: The provisions of Sections 6, 8, 9, 11, 12, 14, 15, 16, 17, 18, 19,20 and 21 hereof and this Section 13 shall survive the termination of employment of the Executive. In addition, all obligations of the Company to make payments hereunder shall survive any termination of this Agreement on the terms and conditions...
Label: Survival
16eee96a-beaf-4dd4-9d44-bb9f0842c238
Clause: All notices required under this Guaranty shall be personally delivered or sent by first class mail, postage prepaid, or by overnight courier, to the addresses on the signature page of this Guaranty, or sent by facsimile to the fax numbers listed on the signature page, or to such other addresses as Guarantor may...
Label: Notices
2dfa6edd-dd5b-439f-90eb-ad831be7dc8a
Clause: All notices required to be given under this Note shall be given to each of the parties at such address as a party may designate by written notice to the other party. Notices may be transmitted by facsimile, certified mail, private delivery, or any other commercially reasonable means, and shall be deemed given u...
Label: Notices
2ebeda5d-7591-492f-9243-52bdba435f68
Clause: The Company hereby confirms the accuracy of the representations and warranties of the Company set forth in Section 3.1 of the Securities Purchase Agreement in all material respects except as such representations and warranties may have been changed, supplemented or amended by disclosure in SEC Reports filed sub...
Label: Representations
504af31b-bf13-4ce1-bce8-86998bf4634b
Clause: Any provision of this Agreement may be modified, supplemented or waived only by an instrument in writing duly executed by the Company and Purchasers’ Agent (with the consent of the Majority-in-Interest of the Notes).  Any such modification, supplement or waiver shall be for such period and subject to such condi...
Label: Amendments
1bced9aa-18f5-4645-8290-2ad3b2d4b4bf
Clause: In the event of the Employee’s death during his employment under this Agreement, the Employee’s employment shall terminate on the date of his death; provided, however, that if the Employee is survived by his spouse, the Employers shall continue to pay to his spouse the Employee’s Base Salary in effect at the ti...
Label: Death
2922f018-a8e1-47a5-826a-c54cc4431bb0
Clause: A copy of the Plan has been given to the Grantee and additional copies of the Plan are available upon request during normal business hours at the principal executive offices of the Corporation or can be requested in writing sent to the Corporate Secretary, Navistar International Corporation, 2701 Navistar Drive...
Label: Construction
4514876b-9979-4051-b2c1-e573f4b078a9
Clause: Notwithstanding anything to the contrary contained herein or in any other Loan Paper, the authority to enforce rights and remedies hereunder and under the other Loan Papers against the Companies or any of them shall be vested exclusively in, and all actions and proceedings at law in connection with such enforce...
Label: Enforcements
752d8fef-7ad4-4b90-9079-9cbdfe90beda
Clause: The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance ...
Label: Insurances
7b475cb9-1e87-45fe-95aa-f9a76d7f28b0
Clause: The rules in Sections 1 through 8 are effective for Plan Years beginning after December 31, 2007. 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: Effective Dates
482a661a-3125-41b6-a6cf-47415b527444
Clause: If, for any reason or no reason, Purchaser determines within the Due Diligence Period that it does not want to acquire and own the Properties, Purchaser may terminate this Agreement by delivering written notice of termination (“ Notice of Termination ”) to Sellers and Escrow Agent on or prior to the expiration ...
Label: Terminations
fdcaca9b-7066-40c5-a306-509e7e932370
Clause: After giving effect to the Waiver, each representation and warranty of each Loan Party contained in the Loan Documents shall be true and correct in all material respects as of the date hereof (except (a) to the extent that any such representation and warranty is expressly limited to an earlier date, in which ca...
Label: Warranties
8a3645d8-db25-4c59-9df2-b8776150a406
Clause: Except as otherwise defined in this Amendment No. 1, terms defined in the Amended Second Lien Credit Agreement are used herein as defined therein. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbit...
Label: Definitions
ea07dc4b-9b83-49bf-9f1f-5a9f652b1364
Clause: The interpretation, construction and performance of this Agreement shall be governed by and construed and enforced in accordance with the internal laws of the State of Wisconsin without regard to the principle of conflicts of laws.  The invalidity or unenforceability of any provision of this Agreement shall not...
Label: Governing Laws
e5092071-3cec-4c58-ae1b-41d33f774355
Clause: This Agreement constitutes the complete, final and exclusive embodiment of the entire Agreement between you and the Company with regard to the subject matter hereof. It is entered into without reliance on any promise or representation, written or oral, other than those expressly contained herein. It may not be ...
Label: Entire Agreements
cc111e65-a12a-4ac8-942a-41e11731f817
Clause: If during the period of the Participant's employment and two years thereafter, the Participant (1) becomes associated with, recruits or solicits customers or other employees of the Employer for, is employed by, renders services to, or owns any interest in (other than any non-substantial interest, as determined ...
Label: Forfeitures
2b5bb235-eb51-4b96-a271-6acf3f76e804
Clause: Upon the exercise of a SAR, the Company shall pay to the Participant an amount equal to the number of shares subject to the SAR that is being exercised multiplied by the excess of the Fair Market Value of one (1) share of Common Stock on the exercise date over the Strike Price, less an amount equal to any Feder...
Label: Payments
ff25ade8-fee6-4ba3-88dc-cd2bc1edf11b
Clause: This Plan will be effective as of December 13, 2016, subject to approval of the bankruptcy court in the Cases. Should the bankruptcy court not approve this Plan, then this Plan shall not be effective and the terms of the Executive Change in Control and Severance Plan shall be reinstated. Task: Classify this cl...
Label: Effective Dates
0e7e870f-9d31-4584-838c-6fb9e292ce12
Clause: Any payment of benefits to or for the benefit of a Participant or a Participant’s Beneficiary that is made in good faith by the Company in accordance with the Company’s interpretation of its obligations under the Plan shall be in full satisfaction of all claims against the Company for benefits under the Plan to...
Label: Releases
6a039c10-cd4f-4ede-aff4-cdb895d235e0
Clause: Borrower shall pay to Bank an amendment fee equal to Twenty Thousand Dollars ($20,000), which fee shall be fully-earned and non-refundable as of the Fourth Amendment Effective Date. In addition, Borrower shall pay to Bank all reasonable costs and out-of-pocket expenses of every kind in connection with the prepa...
Label: Expenses
3392e322-fb3d-449a-be74-a21224c270d8
Clause: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all contemporaneous and prior agreements and understandings between them as to such subject matter.  Not in limitation of the foregoing, this Agreement supersedes the terms and conditions...
Label: Entire Agreements
007f6cf6-94cb-4ea2-a2b0-0b17720595e4
Clause: This Amendment shall be construed and interpreted according to the internal laws and decisions of the State of Delaware, excluding any choice of law rules that may direct the application of laws of another jurisdiction. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreem...
Label: Governing Laws
ecd4c297-4bcf-469c-bafd-24567acd7633
Clause: In the event Executive’s employment hereunder is terminated by reason of Executive’s death, the Company shall pay Executive’s designated beneficiary or beneficiaries, within thirty (30) days of Executive’s death in a lump sum in cash, (i) Executive’s Base Salary through the end of the month in which death occur...
Label: Death
d9bc0e6e-e200-4b6a-a62b-889f123291e0
Clause: The Company shall indemnify the Selling Agent in accordance with the indemnification and other provisions set forth in Exhibit A attached hereto, which provisions are incorporated herein by reference and shall survive the termination or expiration of this Agreement. Task: Classify this clause into ONE of these...
Label: Indemnifications
c6ea250d-ead7-431b-8ebd-606cf334d2e7
Clause: The Borrower agrees to indemnify each Lender for, and to hold each Lender harmless from, any loss or expense that such Lender may sustain or incur as a consequence of (a) default by the Borrower in making a borrowing of, conversion into or continuation of LIBOR Rate Loans after the Borrower has given a notice r...
Label: Indemnity
75875f82-f9d8-41a6-9ddb-d3b76a1fb3ac
Clause: Neither this Bill of Sale nor any rights or obligations under it are assignable by one party without the prior written consent of the other party other than in connection with a Change of Control of a party. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendm...
Label: Assignments
3f299056-7857-478e-81f9-ba7fdb64dbbe
Clause: Each Party will cooperate fully with the other Party in the defense of any lawsuit, action, legal proceeding, claim or demand relating to the Developed Intangible Property Rights. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, ...
Label: Notices
93ec7b37-7411-4076-b789-2350d6f8056f
Clause: Each capitalized term used in this Second Amendment and not defined herein will have the meaning assigned to such term in the Lease. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbitration, Assign...
Label: Defined Terms
ed575471-b112-423e-8117-9a097a324eee
Clause: The Employer may terminate the Employee’s employment if the Employee is disabled and, because of the disability, is unable to perform the essential functions of the Employee’s then existing position or positions under this Agreement with or without reasonable accommodation for a period of at least three consecu...
Label: Disability
52c25c06-cb78-4765-a101-d955c135e48f
Clause: The Executive’s employment with the Employer shall terminate upon the Executive’s death. 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: Death
24f81d3a-20a7-4809-a457-f1d07914abd2
Clause: All remedies provided to Secured Party herein are cumulative, in addition to all other remedies available to Secured Party under this Agreement or any other agreement, at law or in equity or otherwise, and the exercise or partial exercise of any such right or remedy shall not preclude the exercise of any other ...
Label: Remedies
08b274c3-c3ac-4198-a32b-cce7eb8000c2
Clause: The Company agrees to indemnify and hold harmless each Investor and its Affiliates and their respective directors, officers, trustees, members, managers, employees and agents, and their respective successors and assigns, from and against any and all losses, claims, damages, liabilities and expenses (including w...
Label: Indemnifications
65bbcc50-1e2b-4528-a92b-7fd92e552272
Clause: In the event either Party becomes aware of (A) any possible infringement of any Licensed Patent Rights, Enanta Program Patent Rights or Abbott Program Patent Rights through the Development of a Candidate or the Commercialization of a Product, or (B) the submission by any Third Party of an abbreviated new drug a...
Label: Notices
1ae8c840-5932-4448-9300-b507a46f6f93
Clause: Seller has complied in all material respects with all laws to which it may be subject, and no Mortgage Loan contravenes in any material respect any applicable law (including, without limitation, all applicable laws relating to predatory and abusive lending and all laws, rules and regulations relating to licensi...
Label: Compliance With Laws
01eae81a-6163-415f-908e-0e04e5c75392
Clause: Importer shall not issue press releases or similar public disclosures of any nature regarding this Agreement without SPIL ’ s prior written approval .  However, such approval shall be deemed to have been given solely to the extent such disclosure is required to comply with requirements of a Governmental Authori...
Label: Publicity
054e95fb-a611-41ef-bbb2-25bfd2b7502d
Clause: The Company shall have the power and the right to deduct or withhold, or require a Participant to remit to the Company, an amount sufficient to satisfy federal, state, local, domestic and foreign taxes, required by law or regulation to be withheld with respect to any taxable event arising as a result of this Pr...
Label: Tax Withholdings
f582969d-7987-4175-be75-c72a607a706e
Clause: Neither the execution and delivery of this Agreement nor the performance of the Transactions will, directly or indirectly, with or without notice or lapse of time: (a) violate any Law to which GPD, 851 or any of the MVP Shares , CSA Shares and ATM Shares are subject; (b)  if applicable, violate any Organization...
Label: No Conflicts
de4a7218-91f1-4eda-88cc-5e4a84ba3a6e
Clause: This Agreement may be executed in one or more counterparts (including by facsimile), which shall, collectively and separately, constitute one agreement. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals,...
Label: Counterparts
5d90bb54-ad6d-421d-ae39-756a0484aaa7
Clause: Unless otherwise provided herein or in the Indenture, any notice or other communication herein required or permitted to be given shall be given in the manner and become effective as set forth in the Indenture, as to any Pledgor, addressed to it at the address of the Company set forth in the Indenture and as to ...
Label: Notices
dd042f37-63e8-4de9-b561-ec768e6a95b3
Clause: Except as otherwise expressly provided herein, all costs and expenses, including fees and disbursements of counsel, financial advisors and accountants, incurred in connection with this Agreement and the transactions contemplated hereby shall be paid by the party incurring such costs and expenses. Task: Classif...
Label: Expenses
1df742a1-2cf4-42e5-9630-ba243df07877
Clause: Any notice required or permitted to be delivered hereunder shall be deemed to be delivered when sent by facsimile with receipt confirmed or when deposited in the United States mail, postage prepaid, registered or certified mail, return receipt requested, or by overnight courier, addressed to the Employee at the...
Label: Notices
354b8d98-e313-4b1a-931f-e0b22bc32838
Clause: Each Party shall have the right to be represented by counsel that it selects in any legal proceedings or other action instituted under Sections 10.2.1(a)(iii) or (iv) or 10.2.1(b) by the other Party. If a Party with the right to initiate legal proceedings under Section 10.2.1 regarding an Infringement lacks sta...
Label: Representations
c3579352-610f-47c5-8b4c-2d978a5feae2
Clause: In order to facilitate filings with the United States Patent and Trademark Office and the United States Copyright Office, each Grantor shall, upon the reasonable request of the Collateral Agent, execute and deliver to the Collateral Agent one or more Copyright Security Agreements, Trademark Security Agreements ...
Label: Intellectual Property
a1a99b53-d587-4ef7-b713-eab6f7d3b836
Clause: Throughout the Employment Period, Company shall pay Employee as compensation for his services an annual base salary of not less than Three Hundred Fifty Thousand Dollars ($350,000), payable in accordance with Company’s usual practices. Employee’s annual base salary rate shall be reviewed by the Compensation Com...
Label: Base Salary
ca1c65d6-cd09-4c29-bcc2-7393e3c43538
Clause: Any Lender may at any time, without the consent of, or notice to, any 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 and operated for the primary benefit of a natural Person, a Defaulting Lende...
Label: Participations
f06b6fa6-4cb4-44a3-b56c-87efdfe498d1
Clause: As of the Closing Date and as of each date on which such schedule is subsequently updated pursuant to the terms of this Agreement, Schedule 4.14 sets forth the name of, the ownership interest of the applicable owner in, the jurisdiction of incorporation or organization of, and the type of each Subsidiary of the...
Label: Subsidiaries
97f26fa2-7c63-4008-9ae7-f9556f9fde7f
Clause: Each loan shall bear a reasonable rate of interest, which shall remain fixed for the duration of the loan. The Committee or its agent shall determine the reasonable rate of interest on the date the loan documents are prepared. The Committee shall have the authority to establish procedures from time to time for ...
Label: Interests
57f0e087-cac2-4434-97ec-c4228cda88b9
Clause: The provisions of Sections 4, 5, 6, 7, and 8 shall survive the termination of this Agreement and Executive's employment with the Company. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbitration, A...
Label: Survival
efcb75e9-dad3-4bcf-92ae-5e998071ad07
Clause: All of the Borrower's obligations under this Article III shall survive termination of the Aggregate Commitments and repayment of all other Obligations hereunder. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, A...
Label: Survival
bdf5a6f7-b4a1-4608-8810-62c8b77e6188
Clause: This Agreement shall be governed by and construed in accordance with the laws and decisions of the Commonwealth of Virginia, without regard to its choice of law principles. Actions to enforce this Agreement shall be brought in the State or Federal courts located in the Commonwealth of Virginia.  The parties her...
Label: Governing Laws
98d99f6d-3c05-4183-93fb-caf255d405fe
Clause: As of the date hereof, the representations and warranties set forth in the Distribution Agreements are true and correct to the extent set forth therein, and incorporated by reference in their entirety herein. With respect to each Closing, as of each Applicable Time (as defined in the Distribution Agreements) wi...
Label: Warranties
25c46c00-b7af-45d6-87de-ee5b27cd7816
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 May 31, 2016; provi...
Label: Terminations
4c58bf7b-8cce-4c88-8a32-e5759709c4b2
Clause: This Agreement may be executed in several counterparts, each of which shall be deemed to be an original but all of which shall constitute together but one and the same agreement. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, A...
Label: Counterparts
0cac0ba5-bb2b-4603-96b7-efce64aa2350
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 November 7, 2016; p...
Label: Terminations
ea2d3a9e-9665-4599-8515-3baa98af9392
Clause: Borrower forever releases and discharges Lender and its affiliates, officers, directors, shareholders, agents, representatives, attorneys and employees (collectively, the “Released Parties”), and each of them, past and present, from any and all actions, obligations, costs, damages, losses, claims, liabilities a...
Label: Releases
5d1268ff-fa84-481c-97f6-07f351b4bee6
Clause: Notwithstanding the provisions of Section 5.1(d) , automatic grants of Restricted Shares (or Restricted Share Units, in accordance with a permitted deferral of the automatic grant) to Non-Employee Directors pursuant to Section 6.1 shall vest over a three-year period following the Grant Date in increments of 33-...
Label: Vesting
b5a2904c-8779-4ce2-8546-453d6d9502b3
Clause: Neither this Agreement nor any provisions hereof shall be waived modified, discharged or terminated except by an instrument in writing signed by the party against whom any such waiver, modification, discharge or termination is sought. Task: Classify this clause into ONE of these types (exactly one label): Adju...
Label: Modifications
68bf4f73-ac24-409c-b524-b53709bb08e7
Clause: Each of the Borrower and its Subsidiaries is a corporation, partnership (in the case of Subsidiaries only) or limited liability company duly and properly incorporated or formed, as the case may be, validly existing and (to the extent such concept applies to such entity) in good standing (or comparable status) u...
Label: Existence
009ce70e-9104-4e4a-ba2e-1bea0f357f19
Clause: (a)  Neither Landlord, any Superior Lessor or any Superior Mortgagee, nor any partner, director, officer, shareholder, principal, board member, agent, servant or employee of Landlord, any Superior Lessor or any Superior Mortgagee (whether disclosed or undisclosed), shall be liable to Tenant for (i) any loss, in...
Label: Indemnifications
2fd1f702-c3cd-42c9-938b-cfdc8a04db77
Clause: No interest in the Transferred Rights is being acquired by or on behalf of one or more Benefit Plans. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbitration, Assignments, Assigns, Authority, Auth...
Label: Erisa
76892b6b-75df-4f0f-b160-e783e520fa88
Clause: Subject to the following provisions of this Paragraph 9 , rentals, revenues, and other income, if any, from the Property, and real property taxes and operating expenses affecting the Property, which are customarily prorated by buyers and sellers of real property located in the City and County of San Francisco, ...
Label: General
f294f483-94df-4ab2-97f9-4ded5944ebe7
Clause: (a) Except as otherwise expressly provided herein, unless previously terminated, the 2018 Revolving Commitments shall terminate on the Maturity Date for the 2018 Revolving Commitments, and the 2019 Revolving Commitments shall terminate on the Maturity Date for the 2019 Revolving Commitments. Task: Classify thi...
Label: Terminations
66e4ae0b-c662-43d4-879b-b1bd78acf275
Clause: The Borrowers will maintain in effect and enforce policies and procedures designed to ensure compliance by the Borrowers, their Subsidiaries and their respective directors, officers, employees and agents with Anti-Corruption Laws and applicable Anti-Corruption Sanctions. Task: Classify this clause into ONE of ...
Label: Anti-Corruption Laws
01918e45-34b7-4ef2-9061-a8114e084043
Clause: The Employers 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 per...
Label: Disability
d4c5f87f-312a-464f-a390-d48d6ebcb6ad
Clause: It has the requisite power and authority and the legal right to enter into this Agreement and perform its obligations hereunder; it has taken all necessary action on its part required to authorize the execution and delivery of this Agreement and the performance of its obligations hereunder; and this Agreement h...
Label: Authority
c0c70dbf-876d-4baa-ad50-2a0c7f546b7a
Clause: The accuracy in all material respects when made and on the First Closing Date of the representations and warranties of the Holder contained herein (unless as of a specific date therein). Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption...
Label: Representations
c3709bd6-77cf-4c43-8824-e2e73039d7da
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 and operated for the primary benefit of, a natural Person), a Defaulting Len...
Label: Participations
e3afcc7f-a262-4e55-9d72-547a42e5546b
Clause: There are no actions, suits, proceedings or investigations pending or, to the knowledge of the Company, threatened against the Company, or affecting the Company or its properties, at law or in equity, before any court or other governmental agency or instrumentality, domestic or foreign, or before any arbitrator...
Label: Litigations
d76f9803-c2f9-4373-9889-68a83859a7cd
Clause: This Agreement will commence on May 1, 2016 (the “ Effective Date ”) and expire on May 1, 2017, unless sooner terminated pursuant to Section 4 hereof (the “ Initial Term ”). Upon the end of the Initial Term, the Parties may extend this Agreement upon mutual consent for additional one (1) year periods (collectiv...
Label: Terms
cabdf7d7-8d92-4326-bcaa-db5b460bcfe9
Clause: After the Closing, Purchaser intends to attempt to sell the Property to one or more third parties (any such third party, a “ Subsequent Purchaser ”). Seller agrees to provide reasonable cooperation to Purchaser with respect to the foregoing transactions, provided and on the conditions that any such cooperation ...
Label: Cooperation
4493bc9c-700f-4659-a2b2-79d2500a32f8
Clause: Except where the failure to do so would not reasonably be expected to result in a Material Adverse Effect, each Loan Party will, and will cause each of its Subsidiaries to, (a) keep and maintain all property material to the conduct of its business in good working order and condition, ordinary wear and tear exce...
Label: Insurances
91594d80-8171-494b-a283-47235e7cdc59
Clause: The parties hereto acknowledge and agree that irreparable damage would occur and that the parties would not have any adequate remedy at law if any provision of this Agreement were not performed in accordance with its specific terms or were otherwise breached, and that monetary damages, even if available, would ...
Label: Specific Performance
22131234-792a-4387-92fc-191da7331070
Clause: The Purchaser is a corporation duly incorporated, validly existing, and in good standing under the Laws of the State of Utah and has full power and authority to enter into this Agreement and to perform its obligations hereunder.  The Purchaser is duly licensed, qualified, or admitted to do business and is in go...
Label: Organizations
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Clause: The Company shall pay to Executive an annual base salary of $350,000 per year (the “ Base Salary ”), payable in accordance with the Company’s usual payroll practices (and in any event no less frequently than monthly). Executive’s Base Salary shall be subject to an annual review by the Board following the Effect...
Label: Base Salary
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Clause: From and after the date of this Agreement, upon the request of either party, each party will execute and deliver such instruments, documents or other writings as may be reasonably necessary or desirable to confirm and carry out and to effectuate fully the intent and purposes of this Agreement. Task: Classify t...
Label: Further Assurances
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Clause: This Agreement may be executed in one or more counterparts, each of which will be deemed an original and all of which shall constitute one and the same instrument. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws,...
Label: Counterparts
19803213-fa66-4d5e-9045-1d8be5751485
Clause: If the Participant’s employment is terminated by reason of the Participant’s death during the two-year period beginning on the date of a Change of Control, the Company shall provide the Participant’s estate or beneficiaries with the Accrued Obligations, the Pro Rata Bonus and the timely payment or delivery of t...
Label: Death
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Clause: Immediately upon First Commercial Sale of the first Licensed Product in the Territory, during the Term and thereafter for a period of five (5) years after the expiration of this Agreement or the earlier termination thereof, each Party shall use Commercially Reasonable Efforts to obtain and maintain (either dire...
Label: Insurances
3ca62e11-25f4-4729-8d94-d3ccbc802331
Clause: Upon payment in full of the Indebtedness, or in connection with the replacement of a Property with a Substitution Property pursuant to Section 2.1 , Lender shall execute instruments prepared by Borrower and reasonably satisfactory to Lender, which, at Borrower’s election and at Borrower’s sole cost and expense:...
Label: Releases
6bc71b71-f22b-4a8a-971b-688be47190d9
Clause: This Amendment, together with the Loan and Security Agreement and the other Loan Documents, constitute the entire agreement between Borrower and Lender concerning the subject matter hereof and may not be altered or amended except by written agreement signed by Lender. Borrower acknowledges and agrees that this ...
Label: Amendments
91165549-a677-47aa-b19a-502f986bf511
Clause: The provisions of this Agreement shall be construed and shall be given effect in all respects as if it had been executed and delivered by the Company on the date hereof.  This Agreement shall be binding upon any successors or assigns of the Company. Task: Classify this clause into ONE of these types (exactly o...
Label: Effective Dates
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Clause: The headings contained in this Agreement are for convenience of reference only and are not intended, and shall not be construed, to modify, define, limit, or expand the intent of the parties as expressed in this Agreement, and they shall not affect the meaning or interpretation of this Agreement.  All reference...
Label: Headings
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Clause: To the extent not preempted by the laws of the United States, the laws of the State of Delaware shall be the controlling law in all matters relating to this Agreement without giving effect to principles of conflicts of laws. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, A...
Label: Applicable Laws
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Clause: Such Investor is a limited partnership duly formed and existing in good standing under the laws of the State of Delaware, and has all requisite partnership power and authority to execute and deliver, and perform its obligations under, this Agreement. All acts required to be taken by such Investor and its partne...
Label: Authority
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Clause: In the event of a breach or threatened breach by Employee of this Article 5, Employee agrees that the Company, in addition to and not in limitation of any other rights, remedies, or damages available to the Company at law or in equity, shall be entitled to a preliminary and a permanent injunction in order to pr...
Label: Remedies
9c2b098e-147b-469c-83fc-3ee9a955c5cb
Clause: The Loan Parties have disclosed to the Lenders all agreements, instruments and corporate or other restrictions to which any Loan Party or any Domestic Subsidiary is subject, and all other matters known to it, that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Ef...
Label: Disclosures
219fc9ba-9b5f-4fd8-ada0-2917dfac8da5
Clause: No failure on the part of any Lender or the Agent to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any othe...
Label: Remedies
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Clause: You agree that any and all disputes that you raise arising out of or relating in any way to the validity, interpretation or enforcement of this Agreement, or any unreleased claims relating to your employment, other than disputes which by statute are not arbitrable or in which the Company is seeking equitable re...
Label: Arbitration
a36ffd80-463f-4df0-918d-7d686c2a36d0
Clause: The laws of the State of Delaware govern the interpretation, performance, and enforcement of these Terms and Conditions. Task: Classify this clause into ONE of these types (exactly one label): Adjustments, Agreements, Amendments, Anti-Corruption Laws, Applicable Laws, Approvals, Arbitration, Assignments, Assig...
Label: Governing Laws
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Clause: Seller has delivered or, pursuant to Section 1.8, will deliver to Purchaser true and complete copies of all survey reports, waivers of deficiencies, plans of correction, and any other investigation notices, warnings, correspondence or reports issued with respect to the Facility (collectively, " Licensing Survey...
Label: Compliance With Laws
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Clause: Any notice, demand or other communication which any Party hereto may be required, or may elect, to give to anyone interested hereunder shall be sufficiently given if sent by registered or certified mail (or local equivalent), return receipt requested, addressed to such address as may be given herein, delivered ...
Label: Notices
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Clause: The Company and its Subsidiaries have (i) good marketable fee simple title to (in the case of fee interests in real property), (ii) valid leasehold interests in (in the case of leasehold interests in real or personal property) and (iii) good title to (in the case of all other personal property), all of their re...
Label: Liens
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Clause: Comply with all Applicable Laws with respect to the Collateral or any part thereof or to the operation of such Borrower’s business, the non-compliance with which could reasonably be expected to have a Material Adverse Effect (except to the extent any separate provision of this Agreement shall expressly require ...
Label: Compliance With Laws