IN WITNESS HEREOF the parties hereto have caused this Supplemental Indenture to be duly executed and attested, all as of the date first above written. ON BEHALF OF THE GUARANTEEING SUBSIDIARIES LISTED ON SCHEDULE I By: /s/ XXXX XXXXXXXX Name: Xxxx Xxxxxxxx Title: Vice President ON BEHALF OF THE GUARANTEEING SUBSIDIARY LISTED ON SCHEDULE II By: /s/ XXXXXX XXXXXXXX-XXXXX Name: Xxxxxx Xxxxxxxx-Xxxxx Title: Vice President ON BEHALF OF THE EXISTING GUARANTORS LISTED ON SCHEDULE III By: /s/ XXXXXX XXXXXXXX-XXXXX Name: Xxxxxx Xxxxxxxx-Xxxxx Title: Vice President ON BEHALF OF THE EXISTING GUARANTORS LISTED ON SCHEDULE IV By: /s/ W. XXXXXXXX XXXXXX Name: W. Xxxxxxxx Xxxxxx Title: Corporate Secretary and Chief Legal Officer CALPINE CORPORATION By: /s/ XXXXX XXXX Name: Xxxxx Xxxx Title: Chief Financial Officer WILMINGTON TRUST COMPANY, as Trustee By: /s/ XXXXXX XXXXX Authorized Signatory SCHEDULE I Name of Guarantor Calpine Bethlehem, LLC Calpine Mid-Atlantic Energy, LLC Calpine Mid-Atlantic Generation, LLC Calpine Mid-Atlantic Marketing, LLC Calpine New Jersey Generation, LLC Calpine Solar, LLC Calpine Vineland Solar, LLC New Development Holdings, LLC SCHEDULE II Name of Guarantor Calpine Mid-Atlantic Operating, LLC SCHEDULE III Name of Guarantor Calpine Construction Management Company, Inc. Calpine Operating Services Company, Inc. Calpine Power Services, Inc. Xxxxxxxxx Turbine Systems America, Inc. SCHEDULE IV Name of Guarantor Anacapa Land Company, LLC Xxxxxxxx Springs Energy Company Auburndale Peaker Energy Center, LLC Aviation Funding Corp. Baytown Energy Center, LLC Bellingham Cogen, Inc. CalGen Expansion Company, LLC CalGen Finance Corp. CalGen Project Equipment Finance Company Three, LLC Calpine Administrative Services Company, Inc. Calpine Auburndale Holdings, LLC Calpine c*Power, Inc. Calpine CalGen Holdings, Inc. Calpine California Holdings, Inc. Calpine Calistoga Holdings, LLC Calpine CCFC Holdings, Inc. Calpine Central Texas GP, Inc. Calpine Central, Inc. Calpine Central, L.P. Calpine Central-Texas, Inc. Calpine Cogeneration Corporation Calpine Eastern Corporation Calpine Edinburg, Inc. Calpine Energy Management, L.P. Calpine Energy Services Holdings, Inc. Calpine Energy Services, L.P. Calpine Fuels Corporation Calpine Generating Company, LLC Name of Guarantor Calpine Geysers Company, L.P. Calpine Gilroy 1, Inc. Calpine Gilroy 2, Inc. Calpine Global Services Company, Inc. Calpine Xxxxxxx Energy Center, L.P. Calpine Xxxxxxx Holdings, Inc. Calpine Xxxxxxx, Inc. Calpine Jupi...
IN WITNESS HEREOF the parties have executed and delivered this Amendment No. 14 as of the date first above set forth. EQ ADVISORS TRUST AXA ADVISORS, LLC By: /s/ Xxxxxx X. Xxxxx By: /s/ Xxxxxx XxXxxxx Name: Xxxxxx X. Xxxxx Name: Xxxxxx XxXxxxx Title: President and Chief Executive Officer Title: Chairman SCHEDULE A AMENDMENT NO. 14 AMENDED AND RESTATED DISTRIBUTION AGREEMENT CLASS IB SHARES AXA Balanced Strategy Portfolio EQ/Franklin Core Balanced Portfolio AXA Conservative Growth Strategy Portfolio EQ/Franklin Xxxxxxxxx Allocation Portfolio AXA Conservative Strategy Portfolio EQ/Global Bond PLUS Portfolio AXA Growth Strategy Portfolio EQ/Global Multi-Sector Equity Portfolio AXA Moderate Growth Strategy Portfolio EQ/Intermediate Government Bond Index Portfolio AXA Tactical Manager 2000 Portfolio-I, III EQ/International Core PLUS Portfolio ATM Small Cap Portfolio (formerly, AXA Tactical EQ/International ETF Portfolio Manager 2000 Portfolio-II) EQ/JPMorgan Value Opportunities Portfolio AXA Tactical Manager 400 Portfolio-I, III EQ/Large Cap Core PLUS Portfolio ATM Mid Cap Portfolio (formerly, AXA Tactical EQ/Large Cap Growth Index Portfolio Manager 400 Portfolio-II) EQ/Large Cap Growth PLUS Portfolio AXA Tactical Manager 500 Portfolio-I, III EQ/Large Cap Value Index Portfolio ATM Large Cap Portfolio (formerly, AXA Tactical EQ/Large Cap Value PLUS Portfolio Manager 500 Portfolio-II) EQ/Lord Xxxxxx Growth and Income Portfolio AXA Tactical Manager International Portfolio-I, III EQ/Lord Xxxxxx Large Cap Core Portfolio ATM International Portfolio (formerly, AXA Tactical EQ/Mid Cap Index Portfolio Manager International Portfolio-II) EQ/Mid Cap Value PLUS Portfolio ATM Core Bond Portfolio EQ/Money Market Portfolio ATM Government Bond Portfolio EQ/Xxxxxx Xxxxxxx Mid Cap Growth Portfolio EQ/AllianceBernstein International Portfolio (formerly, EQ/Xxx Xxxxxx Mid Cap Growth Portfolio) EQ/AllianceBernstein Small Cap Growth Portfolio EQ/Mutual Large Cap Equity Portfolio EQ/AXA Franklin Small Cap Value Core Portfolio EQ/Xxxxxxxxxxx Global Portfolio EQ/BlackRock Basic Value Equity Portfolio EQ/Quality Bond PLUS Portfolio EQ/BlackRock International Value Portfolio EQ/Small Company Index Portfolio EQ/Xxxxxxx Socially Responsible Portfolio EQ/Xxxxxxxxx Global Equity Portfolio EQ/Capital Guardian Growth Portfolio EQ/Xxx Xxxxxx Xxxxxxxx Portfolio EQ/Capital Guardian Research Portfolio EQ/Xxxxx Fargo Advantage Omega Growth Portfolio EQ/Common Stock Index Portfolio (formerly, EQ/Evergreen Omega Portf...
IN WITNESS HEREOF the parties hereto have executed the Amendment as of this 1st day of December, 2001. By: /s/ Donald C. Burke ----------------------- Name: Donald C. Bxxxx Xxxxx: Xxxasurer FINANCIAL DATA SERVICES, INC. Xx: /x/ Xxxxxx L. Hockersmith ------------------------- Sharon X. Xxxxxxxxxxx Xice President XXXXXXX XXX RESTATED SCHEDULE OF FEES MERRILL LYNCH MUTUAL FUNDS Transfer Agency and Record-keeping Fexx: Xxe Xxxx shall pay monthly the following transfer agency and record-keeping fees to FDS, unless otherwise noted: ------------------------------------------------------------------------------- Distribution Channel Annual Account Fee(6) Class A & D Class B & C ------------------------------------------------------------------------------- Proprietary Retail(1) $16 $19 ------------------------------------------------------------------------------- Third Party(2) $16 $19 ------------------------------------------------------------------------------- Direct Account $20 $23 ------------------------------------------------------------------------------- MFA ERISA(3) 0.10% 0.10% ------------------------------------------------------------------------------- RG Recordkept Plans(4) $16 $19 ------------------------------------------------------------------------------- ML Connect Network Plans(5) $16 $19 ------------------------------------------------------------------------------- NOTES:
IN WITNESS HEREOF the undersigned has duly executed and delivered this Monthly Servicer’s Certificate as of the date first above written. SERVICER: PACIFIC GAS AND ELECTRIC COMPANY, a California corporation By: Name: Xxxxxxxx X. Xxxxxx
IN WITNESS HEREOF the undersigned have caused this Settlement Agreement to be executed as of the dates set forth below. ______________ XXXXXXX XXXX, individually and as Class Representative Signature: Date: 4/11/2022 ___________________ XXXXX XXXXX, individually and as Class Representative Signature: Date: 4/11/2022 VOLUSION, LLC By: Print Name: Title: Date: AS TO FORM AND CONTENT ONLY _________________ Xxxxx XXXXXXX, XXXXX & XXXXXXX, LLP, as Class Counsel By: _ Print Name: Title: Date: Partner 4/11/2022 xx Xxxxxx TYCKO & ZAVAREEI LLP, as Class Counsel __________________ ame: _____________ By: Print N Title: Date: Xxxxxx Xxxxxxxx Partner 4/12/2022 XXXXXXXXXX XXXXXX XXXXXXXX XXXXXXXXXX XXXXXXX, as Class Counsel ______________ By: _ Print Name: Title: Date: Xxxxxxxx Xxxxxxxxxx Xxxxxxxx Xxxxxxxxxx 4/12/2022 RDS LAW GROUP, __________________ Xxxxxxx S EDWA as Class Counsel By: Print Name: Title: Date: Partner 4/12/2022 xxxxxx XXXXX XXXXXXXX XXXXXXXX & XXXXX, LLP, as Defense Counsel By: Print Name: Title: Date: xxxxxxxxxx@xxxxxxxxx.xxx IN WITNESS HEREOF, the undersigned have caused this Settlement Agreement to be executed as of the dates set forth below. XXXXXXX XXXX, individually and as Class Representative Signature: Date: XXXXX XXXXX, individually and as Class Representative Signature: Date: LC. _____________ VOLUSION, L By: Print Name: Title: Date: Xxxx Xxxx CEO 4/12/2022 AS TO FORM AND CONTENT ONLY XXXXXXX, XXXXX & XXXXXXX, LLP, as Class Counsel By: Print Name: Title: Date: TYCKO & ZAVAREEI LLP, as Class Counsel By: Print Name: Title: Date: XXXXXXXXXX XXXXXX XXXXXXXX XXXXXXXXXX XXXXXXX, as Class Counsel By: Print Name: Title: Date: XXXXXXX LAW GROUP, as Class Counsel By: Print Name: Title: Date: XXXXX XXXXXXXX XXXXXXXX & XXXXX, LLP, as Defense Counsel By: Print Name: Title: Date: EXHIBIT A CLAIM FORM Deadline: Your claim must be either submitted online or postmarked and mailed by: Month Day, Year VOLUSION, LLC SETTLEMENT c/x Xxxxx Settlement Administration XX Xxx 0000 Xxx Xxxx, XX 00000-0000 Toll-Free: 000-000-0000 xxx.XxxxxxxxXxxxxxxXxxxxXxxxxx.xxx If you are a person to whom Volusion sent its Notice of Data Incident dated on or about April 21, 2020, advising that on or about October 8, 2019, Volusion learned that personal information of some customers of Volusion’s merchant clients may have been improperly exposed as a result of malware placed on Volusion’s e-commerce platform, you may be eligible for benefits from a class action settlement. CLAIMS DEADLINE: Claims, along...
IN WITNESS HEREOF the parties have executed and delivered this Amendment No. 1 as of the date first above set forth. EQ ADVISORS TRUST AXA DISTRIBUTORS, LLC By: By: Name: Xxxxxx X. Xxxxx Name: Xxxxxxxx X. Xxxx Title: President and Chief Executive Officer Title: Chairman, President and Chief Executive Officer SCHEDULE A AMENDMENT NO. 1 DISTRIBUTION AGREEMENT CLASS K SHARES
IN WITNESS HEREOF the parties hereto have caused this Amendment to be duly executed by their duly authorized officers, all as of the date and year first above written. Signed Sealed and Delivered ) for and on behalf of ) XXXXXX XXXXXXXX ) HOLDINGS COMPANY III, ) LIMITED in the presence of: ) Witness XXXXXX XXXXXXXX COMPANY, INC. By: Name: Title: XXXXXX XXXXXXXX CORPORATION By: Name: Title: GUARANTORS: XXXXXX XXXXXXXX INTERMEDIATE (LUXEMBOURG) S.A.R.L By: Name: Title: XXXXXX XXXXXXXX (US), INC. By: Name: Title: EXECUTED as a DEED by XXXXXX XXXXXXXX ACQUISITION LIMITED Director Director EXECUTED as a DEED by XXXXXX XXXXXXXX UK LIMITED Director Director PRESENT when the Common Seal of XXXXXX XXXXXXXX INTERMEDIATE (IRELAND) LIMITED was affixed hereto: WITNESS: Director ADDRESS: Director DESCRIPTION: PRESENT when the Common Seal of XXXXX (CHEMICALS) LIMITED was affixed hereto: WITNESS: Director ADDRESS: Director DESCRIPTION: PRESENT when the Common Seal of XXXXXX XXXXXXXX LIMITED was affixed hereto: WITNESS: Director ADDRESS: Director DESCRIPTION: PRESENT when the Common Seal of XXXXXX XXXXXXXX LABORATORIES IRELAND LIMITED was affixed hereto: WITNESS: Director ADDRESS: Director DESCRIPTION: CREDIT SUISSE, CAYMAN ISLANDS BRANCH, individually and as Administrative Agent By: Name: Title: By: Name: Title: SIGNATURE PAGE TO AMENDMENT NO.3 DATED AS OF JANUARY 29, 2007, TO THE XXXXXX XXXXXXXX HOLDINGS COMPANY III, LIMITED/XXXXXX XXXXXXXX CORPORATION/XXXXXX XXXXXXXX COMPANY, INC. CREDIT AGREEMENT DATED AS OF JANUARY 18, 2005. NAME OF LENDER: By: Name: Title: By: Name:
IN WITNESS HEREOF the parties hereto have caused this Agreement to be duly executed, as of the day and year first above written. “Company” GRAYMARK HEALTHCARE, INC. By: Xxxxxxx Xxxxxx Chief Executive Officer Date: January __, 2010 “Option Holder” MIRADOR CONSULTING, INC. By: Xxxxx X. Xxxx, President Date: January __, 2010 EXHIBIT “A” FORM OF SUBSCRIPTION (CASH EXERCISE) (To be signed only upon exercise of Option) TO: Graymark Healthcare, Inc. 000 Xxxx Xxxxxx, Xxxxx 0000 Xxxxxxxx Xxxx, Xxxxxxxx 00000 The undersigned, the Option Holder, hereby irrevocably elects to exercise the purchase right provided by the Option Agreement for, and to purchase thereunder, Shares of Graymark Healthcare, Inc. (the “Company”), and herewith makes payment of $ therefor, and requests that the certificates for such securities be issued in the name of, and delivered to, whose address is , all in accordance with the Option Agreement. Dated: (Signature must conform in all respects to name of Holder as specified on the face of the Option Agreement) (Address) (Social Security Number or Tax Identification Number) EXHIBIT “B” FORM OF ASSIGNMENT (To be exercised by the Option Holder if the Option Holder desires to transfer the Option Agreement.) FOR VALUE RECEIVED hereby sells, assigns and transfers unto (Print name and address of transferee) the Option Agreement, together with all right, title and interest therein, and does hereby irrevocably constitute and appoint Attorney, to transfer the Option Agreement on the books of Graymark Healthcare, Inc., with full power of substitution. Dated: (Signature must conform in all respects to name of Holder as specified on the face of the Option Agreement) Address of Assignee: (Social Security Number or Tax Identification Number of Assignee)
IN WITNESS HEREOF the parties have executed and delivered this Amendment No. 4 as of the date first above set forth. EQ ADVISORS TRUST AXA DISTRIBUTORS, LLC By: By: Name: Xxxxxx X. Xxxxx Name: Xxxxxxxx X. Xxxx Title: President Title: Chairman, President and Chief Executive Officer SCHEDULE A REVISED FORM OF AMENDMENT NO. 4 TO AMENDED AND RESTATED DISTRIBUTION AGREEMENT CLASS IA SHARES All Asset Aggressive – Alt 25 Portfolio All Asset Aggressive – Alt 50 Portfolio All Asset Aggressive – Alt 75 Portfolio All Asset Growth – Alt 20 Portfolio All Asset Moderate Growth – Alt 15 Portfolio ATM International Managed Volatility Portfolio ATM Large Cap Managed Volatility Portfolio ATM Mid Cap Managed Volatility Portfolio ATM Small Cap Managed Volatility Portfolio AXA 2000 Managed Volatility Portfolio AXA 400 Managed Volatility Portfolio AXA 500 Managed Volatility Portfolio AXA Aggressive Strategy Portfolio AXA Balanced Strategy Portfolio AXA Conservative Growth Strategy Portfolio AXA Conservative Strategy Portfolio AXA Global Equity Managed Volatility Portfolio AXA Growth Strategy Portfolio AXA International Core Managed Volatility Portfolio AXA International Managed Volatility Portfolio AXA International Value Managed Volatility Portfolio AXA Large Cap Core Managed Volatility Portfolio AXA Large Cap Growth Managed Volatility Portfolio AXA Large Cap Value Managed Volatility Portfolio AXA Mid Cap Value Managed Volatility Portfolio AXA Moderate Growth Strategy Portfolio AXA SmartBeta™ Equity Portfolio AXA/Xxxxxxxxx Global Equity Managed Volatility Portfolio AXA Ultra Conservative Strategy Portfolio AXA/Franklin Balanced Managed Volatility Portfolio AXA/Franklin Small Cap Value Managed Volatility Portfolio AXA/Franklin Xxxxxxxxx Allocation Managed Volatility Portfolio AXA/Mutual Large Cap Equity Managed Volatility Portfolio EQ/AllianceBernstein Dynamic Wealth Strategies Portfolio EQ/AllianceBernstein Short Duration Government Bond Portfolio EQ/AllianceBernstein Short-Term Bond Portfolio EQ/AllianceBernstein Small Cap Growth Portfolio EQ/BlackRock Basic Value Equity Portfolio EQ/Boston Advisors Equity Income Portfolio EQ/Xxxxxxx Socially Responsible Portfolio EQ/Capital Guardian Research Portfolio EQ/Common Stock Index Portfolio EQ/Convertible Securities Portfolio EQ/Core Bond Index Portfolio EQ/Xxxxx New York Venture Portfolio EQ/Emerging Markets Equity PLUS Portfolio EQ/Energy ETF Portfolio EQ/Equity 500 Index Portfolio EQ/Equity Growth PLUS Portfolio EQ/GAMCO Mergers and Acquisitions P...
IN WITNESS HEREOF. Subcontractor has executed this Assignment as of this day of , 20 . Subcontractor By: Title: EXHIBIT “I” FORM POP 2 CERTIFICATION OF COMPLIANCE WITH PAY OR PLAY PROGRAM Available at xxxx://xxx.xxxxxxxxx.xxx/obo/popforms.html EXHIBIT “J” CERTIFICATION OF AGREEMENT TO COMPLY WITH STANDARD DOT TITLE VI ASSURANCES APPENDIX A LANGUAGE During the performance of this Contract, the Engineer, for itself, its assignees and successors in interest (hereinafter referred to as the “Contractor”) agrees as follows:
