ACKNOWLEDGED AND AGREED TO BY. BARCLAYS BANK DELAWARE, for itself, as Servicer and as a Repurchase Party By: _____________________ Name: Title: BARCLAYS DRYROCK FUNDING LLC, as Transferor and as a Repurchase Party, By: _____________________ Name: Title: [Signature Page to Series [•] Indenture Supplement] EXHIBIT A-1 FORM OF CLASS A SERIES [•] [FLOATING][FIXED] RATE ASSET BACKED NOTE UNLESS THIS NOTE IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY, A NEW YORK CORPORATION (“DTC”), TO THE ISSUER OR ITS AGENT FOR REGISTRATION OF TRANSFER, EXCHANGE OR PAYMENT, AND ANY NOTE ISSUED IS REGISTERED IN THE NAME OF CEDE & CO. OR IN SUCH OTHER NAME AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC (AND ANY PAYMENT IS MADE TO CEDE & CO. OR TO SUCH OTHER ENTITY AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC) – ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL INASMUCH AS THE REGISTERED OWNER HEREOF, CEDE & CO., HAS AN INTEREST HEREIN. THE HOLDER OF THIS CLASS A NOTE BY ITS ACCEPTANCE HEREOF COVENANTS AND AGREES THAT IT WILL NOT AT ANY TIME INSTITUTE AGAINST THE ISSUER OR THE TRANSFEROR, OR JOIN IN INSTITUTING AGAINST THE ISSUER OR THE TRANSFEROR, ANY BANKRUPTCY, REORGANIZATION, ARRANGEMENT, INSOLVENCY OR LIQUIDATION PROCEEDINGS, OR OTHER PROCEEDINGS UNDER ANY UNITED STATES FEDERAL OR STATE BANKRUPTCY OR SIMILAR LAW. THE HOLDER OF THIS CLASS A NOTE, BY ACCEPTANCE OF THIS NOTE, AND EACH HOLDER OF A BENEFICIAL INTEREST THEREIN, AGREE TO TREAT THE CLASS A NOTES AS INDEBTEDNESS OF THE ISSUER FOR APPLICABLE FEDERAL, STATE, AND LOCAL INCOME AND FRANCHISE TAX LAW AND FOR PURPOSES OF ANY OTHER TAX IMPOSED ON, OR MEASURED BY, INCOME. BY ITS ACQUISITION OF THIS CLASS A NOTE (OR ANY INTEREST THEREIN), EACH HOLDER SHALL BE DEEMED TO REPRESENT, WARRANT AND COVENANT (ON THE DATE OF ACQUISITION OF THIS CLASS A NOTE (OR ANY INTEREST HEREIN) AND THROUGHOUT THE PERIOD OF HOLDING THIS CLASS A NOTE (OR ANY INTEREST HEREIN) THAT EITHER (I) IT IS NOT ACQUIRING THIS CLASS A NOTE (OR INTEREST HEREIN) WITH THE ASSETS OF AN “EMPLOYEE BENEFIT PLAN” AS DEFINED IN SECTION 3(3) OF THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (“ERISA”) THAT IS SUBJECT TO THE PROVISIONS OF TITLE I OF ERISA, (II) A “PLAN” DESCRIBED IN AND SUBJECT TO SECTION 4975 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE “CODE”), OR (III) AN ENTITY WHOSE UNDERLYING ASSETS INCLUDE “PLAN ASSETS” BY REASON OF AN EMPLOYEE BENEFIT PLAN’S OR PLAN’S INVESTMEN...
ACKNOWLEDGED AND AGREED TO BY. CITY OF NORTH BEND CITY OF SNOQUALMIE Xxxx Xxxxxx, Mayor Xxxxxxxxx Xxxx, Mayor Signed: Signed: ATTEST/AUTHENTICATED: By: By _ North Bend City Clerk Snoqualmie City Clerk APPROVED AS TO FORM: By: By: Xxxxxx X. Xxxxxxxxx Xxxxx X. Xxxxxxx North Bend City Attorney Snoqualmie City Attorney
ACKNOWLEDGED AND AGREED TO BY. THE REGISTERED HOLDER: (Registered Holder) By: Name: Title: Address: Email: Exhibit D JOINDER , 20 This Joinder Agreement (the “Joinder Agreement”) to the [Third] Amended and Restated Investors’ Rights Agreement, dated [the date of the most updated XXX in force to be included], by and among Global-e Online Ltd. (the “Company”) and the persons and entities identified therein (the “XXX”), is made and entered into as of the date first written above, by and between the Company and [Shopify International Limited] (“Registered Holder”). Capitalized terms used but not defined herein shall have the meaning ascribed to them in the XXX.
ACKNOWLEDGED AND AGREED TO BY. Xxxxxxx X. Xxxxxxxx Date: ______________________________ Fourth Amendment to Executive Employment Agreement Coil Tubing Technology, Inc. and Xxxxx Xxxxxxxx
ACKNOWLEDGED AND AGREED TO BY. THE REGISTERED HOLDER: (Registered Holder) By: Name: Title: Address: Email: Exhibit D ADOPTION AGREEMENT This Adoption Agreement (“Adoption Agreement”) is executed by the undersigned (the “Holder”) pursuant to the terms of that certain Amended and Restated Voting Agreement dated as of June 18, 2019 (the “Agreement”) by and among Affirm Holdings, Inc., a Delaware corporation (the “Company”) and certain of its stockholders. Capitalized terms used but not defined herein shall have the respective meanings ascribed to such terms in the Agreement. By the execution of this Adoption Agreement, the Holder agrees as follows:
ACKNOWLEDGED AND AGREED TO BY. AMERICAN TRAFFIC SOLUTIONS, INC. COUNTY OF XX, TEXAS By: By: Xxxx X. Xxxxx Executive Vice President Date Name/Title Date Active 14570867.2 ATTEST: By: Name/Title Date This Agreement is effective on the date of execution by the last signatory to this cover page (“Effective Date”). Active 14570867.2 I. DEFINITIONS 3 II. GENERAL TERMS AND CONDITIONS 4 1. ATS AGREES TO PROVIDE 4 2. CUSTOMER AGREES TO PROVIDE 4 3. TERM 4 4. ASSIGNMENT 4 5. FEES AND PAYMENT 4 6. SITE SELECTION ANALYSIS AND NOTICE TO PROCEED 4 7. COMMUNICATION OF INFORMATION 4 8. CONFIDENTIAL INFORMATION 5 9. OWNERSHIP 5 10. INDEMNIFICATION AND INSURANCE 5 11. STATE LAW TO APPLY 6 12. DISPUTE RESOLUTION 7 13. CHANGE ORDERS 7 14. TERMINATION 8 15. AMENDMENTS TO THE AGREEMENT 9 16. LEGAL CONSTRUCTION 9 17. PRIOR AGREEMENT SUSPENDED 9 18. NO AGENCY 9 19. FORCE MAJEURE 9 20. TAXES 9 21. NOTICES 9 22. EXCLUSIVITY 10 EXHIBIT A 11 SERVICE FEE SCHEDULE 11 EXHIBIT B 13 SCOPE OF WORK 13 1. ATS SCOPE OF WORK 13 2. CUSTOMER SCOPE OF WORK 14 EXHIBIT C 17 DMV SERVICES SUBSCRIBER AUTHORIZATION 17 EXHIBIT D 18 NOTICE TO PROCEED 18 EXHIBIT E 19 MAINTENANCE SCHEDULE 19
ACKNOWLEDGED AND AGREED TO BY. SUBORDINATED LENDERS: RNS FLEX, LLC By: RNS Management, LLC, its Manager By: Name: Title: ENERGY SPECIAL SITUATIONS FUND II, L.P., By: Energy Special Situations Fund Management II, LLC, its general partner By: Name: Title: ESS PARTICIPATION FUND II, L.P., By: Energy Special Situations Fund Management II, LLC, its general partner By: Name: Title: TRF PLATFORM HOLDINGS, LLC By: Intervale Capital Fund III, L.P., its manager By: Intervale Capital GP III, L.P., its general partner By: Intervale Capital Associates III LLC, its general partner By: Name: Title: [Signature Page to Joinder and Amendment to Subordination and Intercreditor Agreement] PARENT: FLEXENERGY POWER SOLUTIONS, LLC, a Delaware limited liability company By Name: Wxx Xxxxxx Title: Chief Financial Officer LOAN PARTIES: FLEX LEASING POWER & SERVICE LLC, a Delaware limited liability company By Name: Dxxxx Xxxxxx Title: Vice President–Finance FLEX POWER CO., a Delaware corporation By Name: Dxxxx Xxxxxx Title: Vice President–Finance [Signature Page to Joinder and Amendment to Subordination and Intercreditor Agreement] AGENT: TEXAS CAPITAL BANK, NATIONAL ASSOCIATION, as Agent By: Name: Title:
ACKNOWLEDGED AND AGREED TO BY. ADVANCED VOICE RECOGNITION SYSTEMS, INC. By: Xxxxxx Xxxxxxxxxx, President, Chief Executive Officer & Chief Financial Officer
ACKNOWLEDGED AND AGREED TO BY. OHIO STATE INNOVATION FOUNDATION By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: President
ACKNOWLEDGED AND AGREED TO BY. STORM CAT ENERGY (POWDER RIVER) LLC, a Colorado limited liability company By:/s/ J.
