Amended and Restated. INVESTMENT ADVISORY AGREEMENT The Trust shall pay the Adviser, at the end of each calendar month, compensation computed daily at an annual rate equal to the following: (as a percentage of average daily net assets) Index Portfolios First $2 Billion Next $4 Billion Thereafter 1290 VT Natural Resources 0.500 % 0.450 % 0.425 % 1290 VT Real Estate 0.500 % 0.450 % 0.425 % 1290 VT Socially Responsible 0.500 % 0.450 % 0.425 % EQ/Common Stock Index 0.350 % 0.300 % 0.275 % EQ/Core Bond Index 0.350 % 0.300 % 0.275 % EQ/Equity 500 Index 0.250 % 0.200 % 0.175 % EQ/Intermediate Government Bond 0.350 % 0.300 % 0.275 % EQ/International Equity Index 0.400 % 0.350 % 0.325 % EQ/Large Cap Growth Index 0.350 % 0.300 % 0.275 % EQ/Large Cap Value Index 0.350 % 0.300 % 0.275 % EQ/Mid Cap Index 0.350 % 0.300 % 0.275 % EQ/Small Company Index 0.250 % 0.200 % 0.175 % (as a percentage of average daily net assets) ETF Portfolios First $2 Billion Next $4 Billion Thereafter 1290 VT Energy 0.500 % 0.450 % 0.425 % 1290 VT Low Volatility Global Equity 0.500 % 0.450 % 0.425 % 1290 VT Multi-Alternative Strategies 0.500 % 0.450 % 0.425 % (as a percentage of average daily net assets) Money Market Portfolio First $750 Million Next $750 Million Next $1 Billion Next $2.5 Billion Thereafter EQ/Money Market 0.350 % 0.325 % 0.280 % 0.270 % 0.250 % (as a percentage of average daily net assets) Equity Portfolios First $750 Million Next $750 Million Next $1 Billion Next $2.5 Billion Thereafter 1290 VT Equity Income 0.750 % 0.700 % 0.675 % 0.650 % 0.625 % 1290 VT GAMCO Mergers & Acquisitions 0.900 % 0.850 % 0.825 % 0.800 % 0.775 % 1290 VT GAMCO Small Company Value 0.750 % 0.700 % 0.675 % 0.650 % 0.625 % 1290 VT SmartBeta Equity 0.700 % 0.650 % 0.625 % 0.600 % 0.575 % EQ/American Century Mid Cap Value 0.900 % 0.850 % 0.825 % 0.800 % 0.775 % EQ/Capital Group Research 0.650 % 0.600 % 0.575 % 0.550 % 0.525 % EQ/ClearBridge Large Cap Growth 0.650 % 0.600 % 0.575 % 0.550 % 0.525 % EQ/Fidelity Institutional AM® Large Cap 0.540 % 0.500 % 0.475 % 0.450 % 0.425 % (as a percentage of average daily net assets) Equity Portfolios First $750 Million Next $750 Million Next $1 Billion Next $2.5 Billion Thereafter EQ/Franklin Rising Dividends 0.600 % 0.550 % 0.510 % 0.490 % 0.475 % EQ/Xxxxxxx Xxxxx Mid Cap Value 0.770 % 0.750 % 0.725 % 0.680 % 0.670 % EQ/Invesco Xxxxxxxx 0.650 % 0.600 % 0.575 % 0.550 % 0.525 % EQ/Invesco Global Real Assets (formerly EQ/Invesco Global Real Estate)**** 0.735 % 0.700 % 0.675 % 0.650 % 0.625 ...
Amended and Restated. Section 3(a). Section 3(a) is hereby amended and restated to read as follows:
Amended and Restated. RESIDUAL RIGHTS AGREEMENT This Amended and Restated Residual Rights Agreement (“Agreement”) is entered into on the 17th day of July, 2005, by and between Savient Pharmaceuticals, Inc., a public company duly organized under the laws of the State of Delaware (“Savient”) and Bio-Technology General (Israel) Ltd., a private company duly organized under the laws of the State of Israel (“BTG”), to replace and supersede the Residual Rights Agreement previously signed and dated 20 June, 2005. (Savient and BTG shall be referred to jointly as the “Parties” and individually as a “Party”).
Amended and Restated. Stockholders Agreement, dated as of January 30, 2015, among Xxxx Xxxxx Xxxxxxxx Holding Corporation, Explorer Coinvest LLC and certain stockholders, together with any waivers obtained thereunder as of the date hereof. EXHIBIT A-2 NEGATIVE ASSURANCE LETTER OF DEBEVOISE & XXXXXXXX LLP December 6, 2016 Barclays Capital Inc. 000 Xxxxxxx Xxxxxx New York, New York 10019 Booz Xxxxx Xxxxxxxx Holding Corporation Ladies and Gentlemen: We have acted as special counsel to Xxxx Xxxxx Xxxxxxxx Holding Corporation, a Delaware corporation (the “Company”), in connection with the sale today by Explorer Coinvest LLC (the “Selling Stockholder”) of 16,660,000 shares (the “Securities”) of the Company’s Class A Common Stock, par value $0.01 per share (the “Common Stock”), to you (the “Underwriter”) pursuant to the Underwriting Agreement, dated December 1, 2016, (the “Underwriting Agreement”), among the Company, the Selling Stockholder and the Underwriter. We are delivering this letter to you pursuant to Section 6(c) of the Underwriting Agreement.
Amended and Restated. TRANSFER AGENCY AND SERVICE AGREEMENT This AGREEMENT, effective the 1st day of July, 2006, is made by and between the undersigned entities (hereinafter each referred to as the “Fund” and collectively referred to as the “Phoenix Funds”) and PHOENIX EQUITY PLANNING CORPORATION (hereinafter referred to as the “Transfer Agent”). This Agreement supercedes any previous Transfer Agency and Service Agreement entered into between the above-referenced parties.
Amended and Restated. A-1 Bodman_17772003_9 EXHIBIT A To Master Repurchase Agreement FORM OF REQUEST/CONFIRMATION To: From: Comerica Bank, Agent Pulte Mortgage LLC Comerica Bank Tower 0000 Xxxx Xxxxxx 0xx Xxxxx Xxxxxx, Xxxxx 00000 Attention: Xxxx Xxxxxx Attention: Phone: (000) 000-0000 Phone: Fax: (000) 000-0000 Fax: Email: email@example.com Email: And Comerica Bank, Agent 000 X. Xxxxxxxxx Xxxxxxx, XX 00000 Attention: Xxxxx Xxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 Email: firstname.lastname@example.org Please refer to the Third Amended and Restated Master Repurchase Agreement dated as of July 29, 2021 among Pulte Mortgage LLC (the “Seller”), the buyers from time to time party thereto (the “Buyers”) and Comerica Bank, as agent to the Buyers (in such capacity, the “Agent”) (as it may have been or may hereafter be supplemented, amended, restated or otherwise modified from time to time, the “Current Repurchase Agreement”). Any term defined in the Current Repurchase Agreement and used in this request shall have the meaning given to it in the Current Repurchase Agreement. The Seller currently qualifies under the Current Repurchase Agreement for, and hereby requests, purchases of Eligible Loans as set forth below (the “Requested Purchases”) to be made on the following Purchase Date: ____________________, 202_____ (which must be a Business Day). Regular Transaction Swing Line Transaction Previous Day Aggregate Outstanding Purchase Price Purchase Price Advanced (Eligible Loans) A-2 Bodman_17772003_9 Repurchase Price Paid Aggregate Outstanding Purchase Price After giving effect to the Requested Purchases, the Aggregate Outstanding Purchase Price will not exceed the Maximum Aggregate Commitment. The Seller has delivered to the Custodian today multiple Mortgage Loan Transmission Files. All Mortgage Loans listed in such Mortgage Loan Transmission Files and included in the foregoing calculations (the “Purchased Loans”) are Eligible Loans. For each of the Purchased Loans the representations set forth in Section 15.3 and 15.4 of the Current Repurchase Agreement are true and correct. Pursuant to the terms of the Custody Agreement and the Current Repurchase Agreement and acknowledging and agreeing that new value, as that term is used in the Michigan Uniform Commercial Code, has been given in reliance thereon, the Seller hereby sells, negotiates and transfers to the Buyers the Mortgage Loans listed on the attached Schedule of Mortgage Loans. The Seller acknowledges that the Agent and the...
Amended and Restated. STOCKHOLDERS AGREEMENT This Amended and Restated Stockholders Agreement, which is entered into as of August 9, 2017, by and among Invitation Homes Inc. (the “Company”), each of the other parties from time to time party hereto (collectively, the “Stockholders”) and, solely for the purposes of Section 4.1, Blackstone Real Estate Advisors L.P. (the “Advisor”), effective upon, and only upon, the effective time of the Mergers, amends and restates the existing Stockholders Agreement in its entirety (the “Existing Stockholders Agreement”), dated as of January 31, 2017, between the Company and the Stockholders.
Amended and Restated. This Guaranty amends, restates and supersedes in its entirety that certain Amended and Restated Guaranty of Payment dated as of December 20, 2007, executed by Borrower in favor of Lender (“Prior Guaranty”) Any inconsistency between the terms of this Guaranty and the Prior Guaranty shall be controlled by the terms hereof. Notwithstanding any provision herein to the contrary, this Guaranty shall not be effective until such time as Lender has received the “Principal Paydown” (as defined in the Modification Agreement) in the amount of Sixteen Million Four Hundred Eighteen Thousand Twenty-Seven and 99/100 Dollars ($16,418,027.99). The term “Guaranty” as used in the Loan Agreement and the other Loan Documents shall mean and refer to this Guaranty.