Exh. XXXXXXX X-0 to Facility Lease -------------- ADDITIONAL FACILITY SITE All that parcel of land situate in the Town of Newburgh, County of Orange and State of New York bounded and described as follows: Beginning at a point within the bounds of a 107.08 acre parcel conveyed by Niagara Mohawk Power Corporation, Consolidated Edison Company of New York, Inc. and Central Xxxxxx Gas and Electric Corporation to Dynegy Roseton, L.L.C. by deed dated January 30, 2001 and recorded February 2, 2001 in the Orange County Clerk's Office in Liber 5454 of Deeds at Page 250, said point of beginning being distant North 34" - 34' - 59" East 580.46 feet from the southwesterly corner of the aforementioned 107.08 acre parcel, then through the aforementioned 107.08 acre parcel of land of Dynegy Roseton, L.L.C. the following nine (9) courses and distances:
Exh. A-1 This 2020 SERIES B INDENTURE, dated as of December 1, 2020, between the Colorado Housing and Finance Authority, a body corporate and political subdivision of the State of Colorado (the “Authority”), and Xxxxx Fargo Bank, National Association, a national banking association, duly organized, existing and authorized to accept and execute trusts of the character herein set out under and by virtue of the laws of the United States of America, with a designated office located in Denver, Colorado, as trustee (the “Trustee”).
Exh. A-1 The Company has caused this Consent and Delivery Instruction to be executed and delivered on its behalf by their respective officers thereunto duly authorized as of the date set forth above. BEIGENE, LTD. By: Name: Title: Cc: [Pledgee Name] Exh. A-2 Schedule I Designated Shares Designated Restricted ADSs Name and Address of Beneficial Owner of Designated Restricted ADSs Shares RADSs Exh. A-3 EXHIBIT B to Letter Agreement, dated as of [ ], 20 (the “Letter Agreement”), by and among BeiGene, Ltd., Citibank, N.A., as Depositary, and [ ], as Pledgee TRANSFER CERTIFICATION , Citibank, N.A., as Depositary ADR Department 000 Xxxxxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Account Management BeiGene, Ltd. (Cusip #[·]) Dear Sirs: Reference is hereby made to (i) the Deposit Agreement, dated as of February 5, 2016, as amended and supplemented from time to time (the “Deposit Agreement”), by and among BeiGene, Ltd. (the “Company”), Citibank, N.A., as Depositary (the “Depositary”), and the Holders and Beneficial Owners of American Depositary Shares (the “ADSs”) issued thereunder, and (ii) the Restricted ADS Letter Agreement, dated as of [ ], 20 , as amended and supplemented from time to time (the “Restricted ADS Letter Agreement”), by and among the Company, the Depositary, and [ ], as Pledgee (the “Pledgee”). Capitalized terms used but not defined herein shall have the meanings given to them in the Deposit Agreement, or, in the event so noted herein, in the Restricted ADS Letter Agreement. In connection with the transfer of the Restricted ADSs surrendered herewith (the “Surrendered Restricted ADSs”) to the person(s) specified in Schedule I hereto, the undersigned Holder certifies that: (CHECK ONE)
Exh. B-1 EXHIBIT C to Site Sublease Agreement ----------------------- DESCRIPTION OF RETAINED POWER AND CONTROL LINES SITE ---------------------------------------------------- That portion of the Retained Sites consisting of Parcels 2 and 1C upon and/or under which the Retained Power and Control Lines are located, specifically (1) over which the two overhead 345 kV power lines cross, (2) upon which the four 345 kV electric transmission structures used to support such power lines are located and (3) under which the underground cables, conduit and duct systems containing control signal and power services cables cross.
Exh. A-1 SCHEDULES:
Exh. Date: ------------------------------------ By: ------------------------------------ Name: Title: EXHIBIT B-1 SERVICING CRITERIA TO BE ADDRESSED IN ASSESSMENT OF COMPLIANCE The assessment of compliance to be delivered by [the Company] [Name of Subservicer] shall address, at a minimum, the criteria identified as below as "Applicable Servicing Criteria"; -------------------------------------------------------------------------------- Servicing Criteria Applicable Servicing Criteria -------------------------------------------------------------------------------- Reference Criteria -------------------------------------------------------------------------------- General Servicing Considerations -------------------------------------------------------------------------------- Policies and procedures are instituted to monitor any performance or other triggers and events of default in X 1122(d)(1)(i) accordance with the transaction agreements. -------------------------------------------------------------------------------- If any material servicing activities are outsourced to third parties, policies and procedures are instituted to monitor the third X party's performance and compliance with such 1122(d)(1)(ii) servicing activities. -------------------------------------------------------------------------------- Any requirements in the transaction agreements to maintain a back-up servicer for the mortgage 1122(d)(1)(iii) loans are maintained. -------------------------------------------------------------------------------- A fidelity bond and errors and omissions policy is in effect on the party participating in the servicing function throughout the reporting period in the amount X of coverage required by and otherwise in accordance 1122(d)(1)(iv) with the terms of the transaction agreements. -------------------------------------------------------------------------------- Cash Collection and Administration -------------------------------------------------------------------------------- Payments on mortgage loans are deposited into the appropriate custodial bank accounts and related bank clearing accounts no more than two business days X following receipt, or such other number of days 1122(d)(2)(i) specified in the transaction agreements. -------------------------------------------------------------------------------- Disbursements made via wire transfer on behalf of an obligor or to an investor are made only by X 1122(d)(2)(ii) authorized personnel. -----------------...
Exh. A-1 The Clearing Account shall be an account of each Borrower but shall be under the sole dominion and control of the Lender and any servicer (a "SERVICER") or other designee of the Lender named below or in a subsequent written notice from the Lender. The Clearing Account shall be assigned the federal tax identification number of the Borrower, which number is 00-0000000. You shall hold amounts on deposit in the Clearing Account as agent for the Lender and shall not commingle such amounts with any other amounts held by you on behalf of the Lender, the Borrower or any other person or entity. If, in accordance with standard operating procedures, the Clearing Account may be established as a trust account for the benefit of the Lender, Borrower directs that the Clearing Account be maintained as such an account. The Borrower hereby notifies the Clearing Bank that, in accordance with the Deed of Trust, the Clearing Account and all amounts held therein from time to time, and all renewals, replacements and substitutions therefor, have been irrevocably pledged to the Lender as additional security for the loan evidenced by the Deed of Trust. In connection with such pledge, the Borrower hereby waives all right of withdrawal from the Clearing Account. The Borrower hereby irrevocably instructs and authorizes you, beginning on the first business day after the Sweep Commencement Date, to disburse on each business day of each week via the ACH System, if available, or otherwise by wire transfer, all amounts constituting available funds on deposit in the Clearing Account to the following account: [ ] [ ] [ ] [ ] If transferring such amounts by the ACH System and if required by Clearing Bank, each such transfer shall be initiated by the Lender or by the Servicer. If the Clearing Bank provides electronic data transfer services, the Clearing Bank shall provide the Lender and the Servicer access to the Clearing Bank's electronic data transfer system for purposes of effecting such transfers. At any time that funds may not be transferred as described above in this paragraph, the Clearing Bank shall transfer amounts by wire transfer of immediately available funds. The instructions set forth herein are irrevocable and are not subject to modification in any manner, except that the Lender or the Servicer may, by written notice to you, amend the instructions contained herein. In the event that the Clearing Bank fails to acknowledge that its procedures with respect to the Clearing Accou...
Exh. By its execution and delivery of this Acknowledgment and Conveyance Agreement, the Seller agrees that it shall service the Mortgage Loans on behalf of the Purchaser in accordance with the terms and conditions contained in the Agreement. This Acknowledgment and Conveyance Agreement may be executed simultaneously in any number of counterparts. Each counterpart shall be deemed an original, and all such counterparts shall constitute one and the same instrument. GREENPOINT MORTGAGE FUNDING INC., as Seller By:________________________________________ Name: Title: XXXXXX BROTHERS BANK, FSB, as Purchaser By:________________________________________ Name: Xxxx X. Xxxxxx Title: Vice President Annex 1 to Acknowledgment and Conveyance Agreement MORTGAGE LOAN SCHEDULE [Each Mortgage Loan Schedule shall provide the information required by Exhibit A-2 to the Agreement with respect to each Mortgage Loan as of the related Cut-Off Date.] Annex 2 to Acknowledgment and Conveyance Agreement POOL CHARACTERISTICS The Seller hereby represents and warrants to the Purchaser, as to each Mortgage Loan, that as of [DATE] or as of such other date specifically provided therein:
Exh. 1.1(a)(ii)-1 Demand, presentment, protest and notice of nonpayment and protest are hereby waived by Borrower to the fullest extent permitted by law. This Revolving Note shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Illinois, without regard to conflict of law provisions. WILSONS LEATHER HOLDINGS INC. By: ------------------------------------- Name: ----------------------------------- Title: ----------------------------------
Exh. C-1 The Borrower, for itself, its successors and assigns, hereby waives diligence, presentment, protest and demand and notice of protest, demand, dishonor and nonpayment of this Note. THIS NOTE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK. NORTH AMERICA CAPITAL HOLDING COMPANY By:______________________________________ Name: Title: Xxx. X-0 Xxxxxxx X-0 to Loan Agreement FORM OF LEVERAGE RATIO CERTIFICATION HSH Nordbank AG, New York Branch, as Administrative Agent 000 Xxxxxxx Xxxxxx Xxx Xxxx, XX 00000-0000 Attention: Xxxxxxxxx Xxxx/Xxxx Xxxxx This Certificate (this "Certificate") is delivered pursuant to Section 6.1(a)(iv) of that certain Loan Agreement, dated as of October [___], 2004 (as amended, supplemented, modified or replaced from time to time, the "Loan Agreement"), among North America Capital Holding Company, a Delaware corporation ("Borrower"), the Lenders party thereto from time to time, and HSH Nordbank AG, New York Branch, as the Administrative Agent (in such capacity, the "Administrative Agent"). All capitalized terms used but not defined herein shall have the meanings specified in the Loan Agreement. I hereby certify to the Administrative Agent on behalf of the Borrower as follows:
