NTD. To be selected based on whether applicable termination was “in connection with an exit incentive or other employment termination program” (as such phrase is defined in the Age Discrimination in Employment Act of 1967). I hereby agree to waive any and all claims to re-employment with the Company or any of its affiliates and affirmatively agree not to seek further employment with the Company or any of its affiliates. The provisions of this Release will be binding upon my heirs, executors, administrators, legal representatives, and assigns. If any provision of this Release will be held by any court of competent jurisdiction to be illegal, void, or unenforceable, such provision will be of no force or effect. The illegality or unenforceability of such provision, however, will have no effect upon and will not impair the enforceability of any other provision of this Release. This Release will be governed in accordance with the laws of the State of Delaware, without reference to the principles of conflicts of law. Any dispute or claim arising out of or relating to this Release or claim of breach hereof will be brought exclusively in the federal and state courts located within Delaware. By execution of this Release, I am waiving any right to trial by jury in connection with any suit, action, or proceeding under or in connection with this Release. Xxxxxxxxx Xxxxxx Xxxxx
NTD. If applicable, to be inserted based on Buyer’s evaluation of a Seller Parent Guarantor’s credit as of the Effective Date.
NTD. This draft assumes the Project will include a XXXX. The XXXX provisions will be deleted if the transaction will not include a XXXX component.
NTD. CTA grower component of basket to be set to corresponding percentage after “fresh start accounting.”
NTD. Insert the city, town, or locality and the county where the Project is located. consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties, intending to be legally bound, do hereby agree as follows:
NTD. For the avoidance of doubt, the Issuer and the Second Lien Guarantors will also be required to be First Lien Guarantors. (v)The Issuer under the Second Lien Notes. (vi)Each guarantor under the Second Lien Notes (each, a “Second Lien Guarantor”). (vii)Each other Person required to be a party to the Intercreditor Agreement from time to time pursuant to the terms of the Intercreditor Agreement, the First Lien Credit Agreement and the Second Lien Notes, including, without limitation, each Hedge Bank and Commodity Hedge Counterparty party to a Permitted Secured Commodity Swap Contract from time to time. The Borrower, the Issuer, the First Lien Guarantors and the Second Lien Guarantors are hereinafter referred to collectively as the “Loan Parties”. Any reference to “Collateral Agent” hereunder shall mean the First Lien Collateral Agent and/or the Second Lien Collateral Agent, as the context may require. Purpose: To establish the relative rights and privileges of the parties with respect to the Collateral.
NTD. Xxxxx’s preference is for all the component parts of this definition (i.e., “Owned Real Property,” “Leased Real Property,” and “Easements”) to have been obtained by Seller, or be under Seller’s control, as of the Effective Date. The Agreement generally assumes that those component parts have been so obtained. Some projects may not be developed to the point where the “Owned Real Property,” “Leased Real Property,” and “Easements” have been obtained by Seller, or are under Seller’s control, by the Effective Date. For those transactions, the representations and warranties, the timing around the title commitment, and other provisions of the Agreement related to the component parts will or may require modification. Additional refinements to the Agreement’s real property provisions may be necessary depending on the underlying facts.
NTD. Based on the results of due diligence conducted by or for Buyer, Buyer may require other items to be in place prior to execution of this Agreement.
NTD. 1.2% of expected outstanding shares post-Closing.
NTD. Use 45 days in a group termination, and include information regarding terminated positions. 2 NTD: Include if the Executive is age 40 or older at the time of termination.
