FIFTH. The Corporation is to have perpetual existence.
FIFTH. The following provisions are inserted for the management of the business and the conduct of the affairs of the Corporation, and for further definition, limitation and regulation of the powers of the Corporation and of its directors and stockholders:
FIFTH. The Funds shall bear:
Examples of FIFTH in a sentence
Xxxxxxx Title: President & CEO FIFTH AMENDMENT TO EMPLOYMENT AGREEMENT This FIFTH AMENDMENT TO EMPLOYMENT AGREEMENT (this “Amendment”) is entered into as of the 3rd day of September, 2019 (the “Effective Date”), by and between Actuate Therapeutics, Inc., a Delaware corporation (the “Company”), and Dxxxxx Xxxxxxx, an individual currently residing at [***] (the “Executive” and together with the Company, the “Parties” and each individually, a “Party”).
Xxxxxxxx Title: Vice President, Commercial Banking FIFTH THIRD BANK, NATIONAL ASSOCIATION, as a 2024 Revolving Credit Lender By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Vice President BANK OF AMERICA, N.A., as a 2024 Revolving Credit Lender By: /s/ Xxxxx X.
More Definitions of FIFTH
FIFTH. The name and address of the Corporation’s current resident agent are as set forth in Article IV of the foregoing amendment and restatement of the charter.
FIFTH. The Distributor shall act as an agent of the Fund in connection with the sale and redemption of Shares. Except with respect to such sales and redemptions, the Distributor shall act as principal in all matters relating to the promotion of the sale of Shares and shall enter into all of its own engagements, agreements and contracts as principal on its own account. The Distributor shall enter into agreements with investment dealers and financial institutions selected by the Distributor, authorizing such investment dealers and financial institutions to offer and sell the Shares to the public upon the terms and conditions set forth therein, which shall not be inconsistent with the provisions of this Agreement. Each agreement shall provide that the investment dealer or financial institution shall act as a principal, and not as an agent, of the Fund.
FIFTH of Section 3.3 hereof; and
FIFTH. The Distributor shall act as agent of the Company on behalf of the Portfolios in connection with the sale and repurchase of shares of the Portfolios. Except with respect to such sales and repurchases, the Distributor shall act as principal in all matters relating to the promotion of the sale of shares of the Portfolios and shall enter into all of its own engagements, agreements and contracts as principal on its own account. The Distributor shall enter into agreements with investment dealers and financial institutions selected by the Distributor, authorizing such investment dealers and financial institutions to offer and sell shares of the Portfolios to the public upon the terms and conditions set forth therein, which shall not be inconsistent with the provisions of this Agreement. Each agreement shall provide that the investment dealer and financial institution shall act as a principal, and not as an agent, of the Company on behalf of the Portfolios.
FIFTH. Upon a receipt by the Fund at its principal place of business or other place designated by the Fund of an order from the Distributor, together with delivery instructions, the Fund shall, as promptly as practicable, cause the shareholder's account or certificates for the shares called for in such order to be credited or delivered in such amount and in such names as shall be specified by the Distributor, against payment therefor in such manner as may be acceptable to the Fund.
FIFTH. To pay Second Party or Surety as collateral upon demand, the penal amount of Bail Bond whenever Second Party or Surety, as a result of Information concealed or misrepresented by the First Party or Principal or other reasonable cause, any one of which was material to hazard assumed, deems payment necessary to protect the Second Party or Surety hereunder. Where, as a result of judicial action, bail has been increased, and no collateral or insufficient collateral, in the sole discretion of Second Party or Surety, is furnished to indemnify against such increase in the bail. Second Party or Surety may demand such collateral as will indemnify them against such increased bail.