Exhibit O. Seller and Purchaser agree to replace Exhibit O of the Share and Asset Sale Agreements by Exhibit O hereto.
Exhibit O. Air Emissions Application or Permit Air Quality Construction Permit, submitted for public comment by the Nebraska Department of Environmental Quality on December 12, 2005—Provided to Design-Builder under separate cover.
Exhibit O. Exhibit O of the Asset Purchase Agreement is hereby deleted and a new Exhibit O, appended hereto as Attachment B, is hereby substituted in its place.
Exhibit O. Seller agrees to use its best efforts to supply that amount of natural gas that Buyer wishes to purchase. Buyer acknowledges that any usage that is less than 90% of contracted quantities or greater than 110% of Buyer’s contracted quantities as outlined below for any one month may have to be purchased/sold on a spot basis and charged/credited to Buyer at a rate that is different than this agreement. Buyer agrees to purchase 100% of his natural gas needs from Seller. SEP 19 – 202 DTH OCT 19 – 393 DTH NOV 19 - 958 DTH DEC 19 - 1,326 DTH JAN 20 – 1,734 DTH FEB 20 – 1,270 DTH MAR 20 – 1,291 DTH APR 20 – 782 DTH MAY 20 – 274 DTH JUN 20 – 151 DTH JUL 20 – 69 DTH AUG 20 – 107 DTH SEP 20 – 202 DTH OCT 20 – 393 DTH NOV 20 - 958 DTH DEC 20 - 1,326 DTH JAN 21 – 1,734 DTH FEB 21 – 1,270 DTH MAR 21 – 1,291 DTH APR 21 – 782 DTH MAY 21 – 274 DTH JUN 21 – 151 DTH JUL 21 – 69 DTH AUG 21 – 107 DTH
Exhibit O. VHDA PROVISIONS
Exhibit O. Real Estate Tax Minimums For purposes of Section 15(c) of this Project Agreement and the Developer Obligations Agreement, the minimum annual amount paid by Developer shall be One Hundred Thousand and 00/100 Dollars ($100,000.00), beginning in the next calendar year following the first March 1 after Substantial Completion of the Project and continuing through each calendar year of the Lease Term (prorated for the last calendar year of the Lease Term). P EXHIBIT Q Off-Site Parking INDS01 1410402v5
Exhibit O. ASSUMPTION AGREEMENT For good and valuable consideration, receipt of which is hereby acknowledged, and pursuant to the Asset Purchase Agreement dated as of July 21, 1998 (the "Agreement"), by and among GOTTSCHALKS INC., a Delaware corporation ("Buyer"), THE HXXXXX COMPANY, a California corporation ("Seller"), and EL CORTE INGLES, S.A., a Spanish corporation and the parent of Seller, Seller hereby assigns and Buyer hereby assumes and agrees to pay and otherwise perform the liabilities and obligations (the "Assumed Liabilities") set forth on Exhibit A, attached hereto and incorporated herein by this reference. Upon the reasonable request of Seller at any time, and from time to time, after the date hereof, without further consideration, Bxxxx shall execute and deliver such further instruments of assumption and take such other actions as Seller reasonably may require for Buyer to more effectively evidence the assumption of the Assumed Liabilities. This Assumption Agreement shall be binding upon and inure to the benefit of Bxxxx and Sxxxxx and their respective successors and assigns.
Exhibit O. In the event of any conflict or inconsistency between the terms of the Amended and Restated System Equipment Purchase Agreement and this exhibit, such conflict or inconsistency shall be resolved by giving precedence to the Agreement. Vendor System Evolution Commitment
Exhibit O. The Credit Agreement is hereby amended by attaching as Exhibit O copies of the first preferred ship mortgages executed in connection with the CIT Loan.
Exhibit O. Purchase Notice [Borrower Letterhead] Wachovia Bank, National Association 000 X. Xxxxxxx Xxxxxx Xxxxxxxxx, XX 00000-0000 Attention: Loan Trading Desk – Xxxx Xxxxxxx Re: Offer to Purchase Term Loans under the Amerigroup Credit Agreement Ladies and Gentlemen: Reference is made to the Credit and Guaranty Agreement, dated as of March 26, 2007 (as amended, amended and restated, modified or supplemented from time to time, the “Credit Agreement”), among Amerigroup Corporation (the “Purchaser”), the subsidiaries of the Purchaser named therein, the lenders party thereto from time to time (“Lenders”), Wachovia Capital Markets, LLC, as Joint Lead Arranger and Joint Bookrunner, Xxxxxxx Sachs Credit Partners L.P., as Joint Lead Arranger, Joint Bookrunner and as Syndication Agent, and Wachovia Bank, National Association, as Administrative Agent (in such capacity, the “Administrative Agent”) and as Issuing Bank. The Purchaser hereby gives notice to the Administrative Agent that it is offering to purchase for cash up to $[ ] in aggregate principal face amount of Term Loans outstanding under the Credit Agreement at a purchase price not greater than $[ ] nor less than $[ ] per $1,000 principal amount. Very truly yours, AMERIGROUP CORPORATION By: Name: Title:
