Exhibit K. The Separation Agreement is hereby amended by adding Exhibit C of this Amendment to the Separation Agreement as Exhibit K thereto.
Exhibit K. SCHEDULE 4.1 ------------ ARTICLES OF INCORPORATION AND BYLAWS OF DIGITAL SCHEDULE 4.3(A) --------------- HOLDERS OF DIGITAL STOCK AND DIGITAL STOCK RIGHTS SCHEDULE 4.3(B) --------------- LIENS ON DIGITAL STOCK SCHEDULE 4.4 ------------ SUBSIDIARIES OF DIGITAL SCHEDULE 4.5 ------------ CONFLICTS, REQUIRED FILINGS AND CONSENTS OF DIGITAL SCHEDULE 4.7 ------------ EXCEPTIONS TO ABSENCE OF CHANGES OF DIGITAL SCHEDULE 4.8 ------------ UNDISCLOSED LIABILITIES OF DIGITAL SCHEDULE 4.9 ------------ EXCEPTIONS TO TITLE TO PROPERTIES OF DIGITAL SCHEDULE 4.10 ------------- BAD EQUIPMENT OF DIGITAL SCHEDULE 4.11 ------------- INFRINGEMENT UPON INTELLECTUAL PROPERTY OF DIGITAL SCHEDULE 4.12 ------------- LIENS ON REAL PROPERTY OF DIGITAL SCHEDULE 4.13 ------------- LEASES OF DIGITAL SCHEDULE 4.14 ------------- CONTRACTS OF DIGITAL SCHEDULE 4.15 ------------- DIRECTORS AND OFFICERS OF DIGITAL SCHEDULE 4.17 ------------- LITIGATION OF DIGITAL SCHEDULE 4.18 ------------- EMPLOYEE BENEFIT PLANS OF DIGITAL SCHEDULE 4.19 ------------- ERISA ISSUES OF DIGITAL SCHEDULE 4.21 ------------- PERMITS OF DIGITAL (INCLUDING EXCEPTIONS TO THEIR ASSIGNABILITY) SCHEDULE 4.23 ------------- BROKERS OF DIGITAL SCHEDULE 4.25 ------------- INTEREST IN CUSTOMERS, SUPPLIERS & COMPETITORS OF DIGITAL SCHEDULE 4.26 ------------- EXCEPTIONS TO COLLECTIBILITY OF ACCOUNTS RECEIVABLE OF DIGITAL SCHEDULE 4.27 ------------- DEFAULT/PAST DUE STATUS OF ACCOUNTS PAYABLE OF DIGITAL SCHEDULE 4.28 ------------- INSURANCE OF DIGITAL SCHEDULE 4.31 ------------- CLASSIFICATION OF EACH DIGITAL SHAREHOLDER AS EITHER AN ACCREDITED INVESTOR OR NOT AN ACCREDITED INVESTOR SCHEDULE 5.1 ------------ CERTIFICATE OF INCORPORATION AND BYLAWS OF PARENT AND SUB SCHEDULE 5.3 ------------ CONFLICTS, REQUIRED FILINGS AND CONSENTS OF PARENT AND SUB SCHEDULE 5.4 ------------ PARENT OR SUB LITIGATION SCHEDULE 5.5 ------------ PARENT AND SUB BROKERS SCHEDULE 5.6 ------------ CAPITALIZATION OF PARENT (INCLUDING PARENT STOCK RIGHTS) SCHEDULE 5.7 ------------ SUBSIDIARIES OF PARENT SCHEDULE 5.9 ------------ PARENT AND SUB UNDISCLOSED LIABILITIES SCHEDULE 5.13 ------------- EXCEPTIONS TO ABSENCE OF CHANGES OF PARENT SCHEDULE 6.3(B) --------------- OPTIONS AND WARRANTS RECEIVED BY HOLDERS OF DIGITAL STOCK RIGHTS SCHEDULE 7.1(B) --------------- PARENT CONSENTS SCHEDULE 7.2(B) --------------- CONSENTS OF DIGITAL SCHEDULE 9.12 ------------- PERMITTED LIENS OF DIGITAL
Exhibit K. Preliminary Construction Documents To be provided by Design-Builder no later than the date specified in section 3.2.1 of the Agreement. EXHIBIT L Design-Builder’s Subcontractors Performing any Portion of the Work in Excess of $500,000 ICM, Inc. Xxxxx Engineering, LLC Note: Design-Builder will supplement this Exhibit with the consent of Owner in accordance with Section 3.5.1 of the Agreement. EXHIBIT M Phase I and Phase II Engineering Services Agreement THIS PHASE I AND PHASE II ENGINEERING SERVICES AGREEMENT (the “Agreement”) is made as of __________, 2006, (the “Effective Date”) by and between ______________, a Delaware limited liability company (the “Client”) and Xxxxx Engineering, LLC a Minnesota Limited Liability Company (the “Engineer”). Each of the Client and Engineer are referred to herein individually as a “Party” and collectively as the “Parties.”
Exhibit K. Owner’s Affidavit
Exhibit K. Additional Material Information; Statutory Limitations on Payment of Dividends; Developments as to Non-Invasive Hematocrit Project; and Risk Factors..........................................
Exhibit K. 6. The representations and warranties of the Borrower and each other Loan Party contained in Article V of the Credit Agreement or any other Loan Document are true and correct in all material respects on and as of the date of hereof, except that (i) to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, (ii) the representations and warranties contained in subsections (a) and (b) of Section 5.05 of the Credit Agreement are deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01 of the Credit Agreement and (iii) such representations and warranties are subject to any additional items that will be disclosed on updated Schedules delivered on the next scheduled delivery date.
Exhibit K. Section 2.1 Clinical Facility agrees to indemnify Gannon against any liability, loss or damage Gannon may suffer as a result of claims, demands, costs or judgments against it arising out of damage or injury, including death, to persons or property caused by or sustained in connection with Gannon students performing the clinical field activities contemplated hereunder or by conditions created thereby, to the extent the same (a) do not arise from any fact, event or circumstance which would constitute a default or breach of any agreement or obligation of Xxxxxx or Gannon students under this Agreement, including, but not limited to, Xxxxxx’x failure to adequately and properly direct, supervise or instruct Gannon students in clinical field activities or (b) are not attributable to the fault, neglect or breach of statutory duty of Xxxxxx, Xxxxxx students or persons under their direction or control, in which case Clinical Facility shall be responsible for its proportion of fault. In case any claim should be brought or an action filed with respect to the subject of the indemnity herein, Gannon shall promptly notify Clinical Facility of such claim..
Exhibit K. Exhibit K to the Credit Agreement is hereby amended and restated as set forth on Exhibit K attached hereto.
Exhibit K. Agenda for Second Board Meeting -------------------------------
Exhibit K. LIST OF COMPETITORS