WITNESS WHEREOF the parties hereto have caused this Addendum to be executed as of the date first written above. “DEALER MANAGER” BGO Industrial Real Estate Income Trust, Inc. By: Name: Title: “DEALER” (Print Name of Dealer) By: Name: Title: SCHEDULE II TO PARTICIPATING DEALER AGREEMENT WITH [ ] NAME OF ISSUER: BGO Industrial Real Estate Income Trust, Inc. NAME OF DEALER: SCHEDULE TO AGREEMENT DATED: Dealer hereby authorizes the Dealer Manager or its agent to deposit selling commissions, Servicing Fees, and other payments due to it pursuant to the Participating Dealer Agreement to its bank account specified below. This authority will remain in force until Dealer notifies the Dealer Manager in writing to cancel it. In the event that the Dealer Manager or its agent deposits funds erroneously into Dealer’s account, the Dealer Manager or its agent is authorized to debit the account with no prior notice to Dealer for an amount not to exceed the amount of the erroneous deposit. Bank Name: Bank Address: Bank Routing Number: Account Number: “DEALER” (Print Name of Dealer) By: Name: Title: Date: EXHIBIT A TO FORM OF PARTICIPATING DEALER AGREEMENT Dealer Manager Agreement EXHIBIT B TO FORM OF PARTICIPATING DEALER AGREEMENT Electronic Signature Use Indemnity Agreement Dealer has adopted a process by which clients may authorize certain account-related transactions or requests, in whole or in part, evidenced by Electronic Signature (as such term is defined in Section XXI hereof). In consideration of the Company allowing Dealer and its clients to execute certain account-related transactions and/or requests, in whole or in part, by Electronic Signature, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Dealer does hereby, for itself and its successors and permitted assigns, covenant and agree to indemnify and hold harmless the Company, the Dealer Manager Parties, each of their affiliates and each of their and their affiliates’ officers, directors, trustees, agents and employees, in whatever capacity they may act, from and against any and all claims (whether groundless or otherwise), losses, liabilities, damages and expenses, including, but not limited to, costs, disbursements and reasonable counsel fees (whether incurred in connection with such claims, losses, liabilities, damages and expenses or in connection with the enforcement of any rights hereunder), arising out of or in connection with the Dealer’s representations or coven...
WITNESS WHEREOF each of the undersigned has executed this Settlement Agreement, Receipt and Release under seal as of the date first written above. WITNESSES: THE INTERTECH GROUP Xxxxx Xxxxxx Its: (CORPORATE SEAL) SWORN to and subscribed before me this day of , 2004. Notary Public for My notary expires: WITNESSES: Xxxxx Xxxxxx Individually and on behalf of his past and present entities, subsidiaries, divisions, affiliated entities, shareholders, employees, officers, directors, owners, partners, heirs, executors, administrators, assigns, agents, attorneys and other representatives SWORN to and subscribed before me this day of , 2004. Notary Public for My notary expires: WITNESSES: ZS ASSOCIATES, LLC Xxxxx Xxxxxx Its: (CORPORATE SEAL) SWORN to and subscribed before me this day of , 2004. Notary Public for My notary expires: WITNESSES: POLYMER GROUP, INC. Xxxxx Xxxxxxxxx Its: Chief Executive Officer (CORPORATE SEAL) SWORN to and subscribed before me this day of , 2004. Notary Public for My notary expires: WITNESSES: MATLINPATTERSON GLOBAL ADVISERS LLC, ON BEHALF OF ITSELF AND THE MATLINPATTERSON RELEASEES Name: Its: (CORPORATE SEAL) SWORN to and subscribed before me this day of , 2004. Notary Public for My notary expires: STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS ) FOR THE NINTH JUDICIAL CIRCUIT COUNTY OF CHARLESTON ) CIVIL ACTION NO.: 03-CP-10-3389 ) The Intertech Group, Inc., ) ) Plaintiff, ) Stipulation of Dismissal with ) Prejudice vs. ) ) Polymer Group, Inc., ) ) Defendant. ) ) The issues in the above-captioned action having been settled to the satisfaction of all parties, now, therefore, pursuant to Rule 41(a)(1)(B), SCRCP, it is hereby STIPULATED, that the above-captioned action be, and hereby is, dismissed with prejudice. Xxxxxxx X. Xxxxx Xxx X. Xxxxxxxxx, XX, Esquire Xxxxxxx Xxxxxxxx Xxxx & Xxxxxxxx, LLP XXXXXX LAW FIRM, P.A. 000 Xxxxxxxxx Xxxxxx. Post Office Drawer 418 Atlanta Georgia 30303 Georgetown, SC 29442 Attorneys for Defendant Attorney for Plaintiff
WITNESS WHEREOF the parties hereto have caused this Addendum to be executed as of the date first written above. “DEALER MANAGER” STARWOOD CAPITAL, L.L.C. By: Name: Title: “DEALER” (Print Name of Participating Broker-Dealer) By: Name: Title: SCHEDULE II TO PARTICIPATING DEALER AGREEMENT WITH STARWOOD CAPITAL, L.L.C. NAME OF ISSUER: STARWOOD CREDIT REAL ESTATE INCOME TRUST NAME OF DEALER: SCHEDULE TO AGREEMENT DATED: Participating Broker-Dealer hereby authorizes the Dealer Manager or its agent to deposit selling commissions, dealer manager fees, Servicing Fees and other payments due to it pursuant to the Agreement to its bank account specified below. This authority will remain in force until Participating Broker-Dealer notifies the Dealer Manager in writing to cancel it. In the event that the Dealer Manager deposits funds erroneously into Participating Broker-Dealer’s account, the Dealer Manager is authorized to debit the account with no prior notice to Participating Broker-Dealer for an amount not to exceed the amount of the erroneous deposit. Bank Name: Bank Address: Bank Routing Number: Account Number: “DEALER” (Print Name of Participating Broker-Dealer) By: Name: Title: Date EXHIBIT A TO FORM OF PARTICIPATING DEALER AGREEMENT Dealer Manager Agreement EXHIBIT B TO FORM OF PARTICIPATING DEALER AGREEMENT Electronic Signature Use Indemnity Agreement Participating Broker-Dealer has adopted a process by which clients may authorize certain account-related transactions or requests, in whole or in part, evidenced by Electronic Signature (as such term is defined in Section XXI hereof). In consideration of the Trust allowing Participating Broker-Dealer and its clients to execute certain account-related transactions and/or requests, in whole or in part, by Electronic Signature, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Participating Broker-Dealer does hereby, for itself and its successors and permitted assigns, covenant and agree to indemnify and hold harmless the Trust, the Dealer Manager Parties, each of their affiliates and each of their and their affiliates’ officers, directors, trustees, agents and employees, in whatever capacity they may act, from and against any and all claims (whether groundless or otherwise), losses, liabilities, damages and expenses, including, but not limited to, costs, disbursements and reasonable counsel fees (whether incurred in connection with such claims, losses, liabilities, damages...
WITNESS WHEREOF the Issuer has executed this Warrant as of the day and year first above written. CENTURA SOFTWARE CORPORATION By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice President and Chief Financial Officer NOTICE OF EXERCISE (To be signed only upon exercise of Warrant) To CENTURA SOFTWARE CORPORATION: The undersigned, the holder of the within Warrant, hereby irrevocably elects to exercise the purchase right represented by such Warrant for, and to purchase thereunder, shares of Common Stock of CENTURA SOFTWARE CORPORATION and herewith (a) makes payment of $ therefor, or (b) exercises Warrants with a Per Share Market Value of $ . The undersigned requests that the certificates for such shares be issued in the name of, and delivered to, , whose address is . Dated: ____________, 20__ __________________________________________ (Signature must conform in all respects to name of xxxxxx as specified on the face of the Warrant) __________________________________________ (Address) ASSIGNMENT (To be signed only upon transfer of Warrant) FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers all of the rights of the undersigned under the within Warrant, with respect to the number of shares of Common Stock of CENTURA SOFTWARE CORPORATION covered thereby set forth hereinbelow unto: Name of Assignee Address No. of Shares Dated: __________, 20__ __________________________________________ (Signature must conform in all respects to name of holder as specified on the face of the Warrant) __________________________________________ (Address) Signed in the presence of:
WITNESS WHEREOF the parties hereto have executed this Agreement as of the date written below. [1ST PARTY NAME] ________________________ [MM/DD/YYYY] 1st Party’s Printed Name 1st Party’s Signature Date [2ND PARTY NAME] ________________________ [MM/DD/YYYY] 2nd Party’s Printed Name 2nd Party’s Signature Date
WITNESS WHEREOF the undersigned have executed this Amendment as of the date first above written. XXXXXXX XXXXX VARIABLE INSURANCE TRUST By: __/s/ Xxxxx Xxxxxx___________________ Name: ___Xxxxx Xxxxxx_________________
WITNESS WHEREOF the parties hereto have caused this Addendum to be executed as of the date first written above. “MANAGING DEALER” FIDELITY DISTRIBUTORS COMPANY LLC By: Name: Title: “BROKER” (Print Name of Broker) By: Name: Title: SCHEDULE II TO SELECTED INTERMEDIARY AGREEMENT WITH FIDELITY DISTRIBUTORS COMPANY LLC NAME OF ISSUER: [ ] NAME OF BROKER: [ ] SCHEDULE TO AGREEMENT DATED: The Broker hereby authorizes the Managing Dealer or its agent to deposit shareholder servicing and/or distribution fee and other payments due to it pursuant to the Selected Intermediary Agreement to its bank account specified below. This authority will remain in force until the Broker notifies the Managing Dealer in writing to cancel it. In the event that the Managing Dealer deposits funds erroneously into the Broker’s account, the Managing Dealer is authorized to debit the account with no prior notice to the Broker for an amount not to exceed the amount of the erroneous deposit. Bank Name: Bank Address: Bank Routing Number: Account Number: “BROKER” (Print Name of Broker) By: Name: Title: Date: SCHEDULE III TO SELECTED INTERMEDIARY AGREEMENT WITH FIDELITY DISTRIBUTORS COMPANY LLC Every United States state or jurisdiction, including the District of Columbia and Puerto Rico.
WITNESS WHEREOF the parties have executed this Agreement effective as of the day and year first above written. OFFICER: /s/ Xxxxxxx Xxxxxxx Xxxxxxx Xxxxxxx COMPANY: /s/ Xxxxxx Xxxxxx Xxxxxx Xxxxxx XxxxXx.xxx, Inc.
WITNESS WHEREOF the parties hereto have caused this Supplemental Indenture to be duly executed and attested, all as of the date first above written. NCO GROUP, INC. By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: CFO AC FINANCIAL SERVICES, INC. FCA FUNDING, INC. NCOCRM FUNDING, INC. NCO FUNDING, INC. NCO HOLDINGS, INC. F/K/A MANAGEMENT ADJUSTMENT BUREAU FUNDING, INC. NCO PORTFOLIO MANAGEMENT, INC. F/K/A NCPM ACQUISITION CORPORATION NCOP FINANCING, INC. NCO GROUP INTERNATIONAL, INC. ALW INVESTMENT COMPANY, INC. By: /s/ Xxxx Xxxxx Xxxx Name: Xxxx Xxxx Title: Vice President and Treasurer RMH TELESERVICES ASIA PACIFIC, INC. By: /s/ Xxxx Xxxxx Xxxx Name: Xxxx Xxxx Title: Vice President [Signature page to Senior Subordinated Notes Second Supplemental Indenture] NCOP SERVICES, INC. NCOP NEVADA HOLDINGS, INC. NCOP/XXXXXX, INC. NCOP STRATEGIC PARTNERSHIP, INC. NCOP I, INC. D/B/A NCO PORTFOLIO MANAGEMENT NCOP II, INC. D/B/A NCO PORTFOLIO MANAGEMENT NCOP III, INC. D/B/A NCO PORTFOLIO MANAGEMENT NCOP IV, INC. D/B/A NCO PORTFOLIO MANAGEMENT NCOP V, INC. D/B/A NCO PORTFOLIO MANAGEMENT NCOP VI, INC. D/B/A NCO PORTFOLIO MANAGEMENT NCOP VII, INC. D/B/A NCO PORTFOLIO MANAGEMENT NCOP VIII, LLC By: /s/ Xx Xxxxxxxxxx Name: Xx Xxxxxxxxxx Title: Chief Executive Officer ASSETCARE, INC. By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Chief Financial Officer and Treasurer [Signature page to Senior Subordinated Notes Second Supplemental Indenture] COMPASS INTERNATIONAL SERVICES CORPORATION NCO ACI HOLDINGS, INC. F/K/A ASSETCARE, INC. COMPASS TELESERVICES, INC. NCOP CAPITAL RESOURCE, LLC NCO FINANCIAL SYSTEMS, INC. NCO TELESERVICES, INC. By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Executive Vice President, Chief Financial Officer and Treasurer JDR HOLDINGS, INC. By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Treasurer NCO CUSTOMER MANAGEMENT, INC. F/K/A RMH TELESERVICES, INC. By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Chief Financial Officer and Treasurer [Signature page to Senior Subordinated Notes Second Supplemental Indenture] NCO SUPPORT SERVICES, LLC By: NCO Financial Systems, Inc., its sole member By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Executive Vice President, Chief Financial Officer and Treasurer FCA LEASING, INC. By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Assistant Secretary THE BANK OF NEW YORK as Trustee By: /s/ Xxxx XxXxxxxx Name: Xxxx XxXxxxxx Title: Vice President
WITNESS WHEREOF the parties hereto have caused this Amendment to be duly executed by their respective authorized officers to be effective as of the Second Amendment Effective Time. BORROWER: U.S. CONCRETE, INC. By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Senior Vice President and Chief Financial Officer ABL REPRESENTATIVE: BANK OF AMERICA, N.A. By: /s/ Xxxxx XxxXxxxx Name: Xxxxx XxxXxxxx Title: Senior Vice President NOTES REPRESENTATIVE: U.S. BANK NATIONAL ASSOCIATION By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Vice President OTHER LOAN PARTIES: ALBERTA INVESTMENTS, INC. ALLIANCE HAULERS, INC. ATLAS REDI-MIX, LLC ATLAS-TUCK CONCRETE, INC. XXXXX CONCRETE ENTERPRISES, LLC XXXXX INDUSTRIES, INC. XXXXX INVESTMENT CORPORATION, INC. XXXXX MANAGEMENT, INC. EASTERN CONCRETE MATERIALS, INC. HAMBURG QUARRY LIMITED LIABILITY COMPANY REDI-MIX CONCRETE, L.P. REDI-MIX GP, LLC REDI-MIX, LLC U.S. CONCRETE ON-SITE, INC. USC PAYROLL, INC. By: __/s/ Xxxxx X. Kohutek_____________ Name: Xxxxx X. Xxxxxxx Title: President AMERICAN CONCRETE PRODUCTS, INC. BODE CONCRETE LLC BODE GRAVEL CO. BRECKENRIDGE READY MIX, INC. CENTRAL CONCRETE SUPPLY CO., INC. CENTRAL PRECAST CONCRETE, INC. XXXXXX CONCRETE, LLC XXXXX GRAVEL COMPANY LOCAL CONCRETE SUPPLY & EQUIPMENT, LLC MASTER MIX CONCRETE, LLC MASTER MIX, LLC MG, LLC NYC CONCRETE MATERIALS, LLC PEBBLE LANE ASSOCIATES, LLC RIVERSIDE MATERIALS, LLC SAN DIEGO PRECAST CONCRETE, INC. SIERRA PRECAST, INC. XXXXX PRE-CAST, INC. SUPERIOR CONCRETE MATERIALS, INC. TITAN CONCRETE INDUSTRIES, INC. USC ATLANTIC, INC. By: __/s/ Xxxxx X. Kohutek_____________ Name: Xxxxx X. Xxxxxxx Title: Vice President CONCRETE ACQUISITION IV, LLC CONCRETE ACQUISITION V, LLC CONCRETE ACQUISITION VI, LLC CONCRETE XXXIV ACQUISITION, INC. CONCRETE XXXV ACQUISITION, INC. CONCRETE XXXVI ACQUISITION, INC. U.S. CONCRETE TEXAS HOLDINGS, INC. USC MANAGEMENT CO., LLC USC TECHNOLOGIES, INC. By: __/s/ Xxxxx X. Kohutek_____________ Name: Xxxxx X. Xxxxxxx Title: Treasurer
