FOLLOWS. 18 1. This Court has jurisdiction over the subject matter of the Action and over all 19 Parties to the Action, including all members of the Settlement Class.
FOLLOWS. EXECUTED by the undersigned to be effective as of the Effective Date. ASSIGNOR: 0000 XXXXXXXX XXXX, LLC, a Delaware limited liability company By: 0000 Xxxxxxxx Xxxx Holding, LLC, a Delaware limited liability company, its Managing Member By: /s/ S. Xxxxx Xxxx Name: S. Xxxxx Xxxx Title: SVP, Treasurer ASSIGNEE: WW DEERWOOD LLC, a Delaware limited liability company By: WW Deerwood Investors LLC, a Texas limited liability company its Member By: /s/ W. Xxxxxxxx Xxxxxxxx Name: W. Xxxxxxxx Xxxxxxxx Title: Manager Exhibit A - Property Description Exhibit B - List of Service Contracts EXHIBIT A to Assignment and Assumption Agreement PROPERTY DESCRIPTION ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING IN THE COUNTY OF XXXXX AND STATE OF FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF PARCELS “P” AND “Q” TOGETHER WITH A PART OF PARCELS “M”, “S”, “R” AND “T”, ALL IN DEERWOOD PARK NORTH REPLAT NUMBER ONE, AS RECORDED IN PLAT BOOK 51, PAGES 6 AND 6A THROUGH 6N OF THE PUBLIC RECORDS OF XXXXX COUNTY, FLORIDA, ALL MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF BEGINNING COMMENCE AT A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY LINE OF XXXXXXXX ROAD (A 100 FOOT RIGHT-OF-WAY AS NOW ESTABLISHED), SAID POINT BEING COMMON TO AFOREMENTIONED PARCELS “P” AND “S”; THENCE N. 58 DEGREES 33 MINUTES 53 SECONDS W. ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 404.45 FEET TO A POINT COMMON TO PARCELS “O” AND “P”; THENCE N. 31 DEGREES 26 MINUTES 07 SECONDS E., ALONG THE LINE DIVIDING SAID PARCELS “0” AND “P” AND ITS NORTHEASTERLY PROJECTION, A DISTANCE OF 652.89 FEET TO A POINT ON THE NORTH LINE OF AFORESAID PARCEL “M”; THENCE S. 78 DEGREES 34 MINUTES 33 SECONDS E. A DISTANCE OF 115.92 FEET; THENCE S. 80 DEGREES 55 MINUTES 05 SECONDS E., ALONG A NORTHERLY LINE OF PARCEL “P”, A DISTANCE OF 409.87 FEET TO THE SOUTHWEST CORNER OF AFORESAID PARCEL “Q”; THENCE N. 09 DEGREES 58 MINUTES 54 SECONDS W., ALONG A WESTERLY LINE OF SAID PARCEL “Q”, A DISTANCE OF 465.04 FEET TO AN ANGLE POINT IN SAID WESTERLY LINE; THENCE N. 00 DEGREES 28 MINUTES 10 SECONDS W., ALONG A WESTERLY LINE OF SAID PARCEL “Q” A DISTANCE OF 75.59 FEET TO THE NORTHWEST CORNER OF SAID PARCEL “Q”; THENCE N. 89 DEGREES 52 MINUTES 54 SECONDS E., ALONG THE NORTH LINE OF SAID PARCELS “Q” AND “P”, A DISTANCE OF 1383.74 FEET, THENCE N. 03 DEGREES 56 MINUTES 48 SECONDS W., A DISTANCE OF 18.31 FEET; THENCE N. 89 DEGREES 52 MINUTES 54 SECONDS E., A DISTANCE OF 63.45 FEET; THENCE DUE...
FOLLOWS. INGRXX XXXRO INC., a corporation INGRXX XXXRO INC., a corporation organized and existing under the organized and existing under the laws of laws of the State of Delaware, the Province of Ontario, Canada United States of America By By ------------------------------- -------------------------------------- Michxxx X. Xxxxxxxx, Xxecutive Vice Michxxx X. Xxxxxxxx, Xxthorized President & Worldwide Chief Representative Financial Officer INGRXX XXXRO SINGAPORE PTE LTD., INGRAM EUROPEAN COORDINATION CENTER N.V., a corporation organized and a company organized and existing under existing under the laws of the laws of The Kingdom of Belgium Singapore By By ------------------------------ ------------------------------------- Michxxx X. Xxxxxxxx, Xxtorney Michxxx X. Xxxxxxxx, Authorized Representative 151 EXHIBIT H MICRO GUARANTY Pursuant to THIS GUARANTY (this "GUARANTY"), dated as of October 28, 1997, INGRXX XXXRO INC., a Delaware corporation (the "GUARANTOR"), hereby unconditionally, absolutely and irrevocably guarantees as primary obligor and not as a surety merely, to each Lender Party (as defined below), without offset or deduction, (a) the full and punctual payment when due of all amounts payable by Ingram European Coordination Center N.V., a company organized and existing under the laws of The Kingdom of Belgium ("COORDINATION CENTER"), Ingrxx Xxxro Singapore Pte Ltd., a corporation organized and existing under the laws of Singapore ("MICRO SINGAPORE"), Ingrxx Xxxro Inc., a corporation organized and existing under the laws of the Province of Ontario, Canada ("MICRO CANADA"), and each Acceding Borrower (as defined in the Credit Agreement described below) that shall become a party to the Credit Agreement described below pursuant to an Accession Request and Acknowledgment (as defined in the Credit Agreement described below) duly acknowledged on behalf of the Guarantor (Coordination Center, Micro Singapore, and Micro Canada being, collectively with any such Acceding Borrower, the "OTHER BORROWERS"), under or in connection with the European Credit Agreement (together with all amendments and other modifications, if any, from time to time made to it, the "CREDIT AGREEMENT"; unless otherwise defined herein all capitalized terms used herein without definition have the meanings provided for in the Credit Agreement) dated as of October 28, 1997, among the Guarantor and Coordination Center as the Primary Borrowers, certain financial institutions (together with their respec...
FOLLOWS. Purchase and Sale Agreement C-1 EXHIBIT D to Contract for Purchase and Sale ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (this "Assignment") is made and entered into as of __________, 20___, by and between AP WP LAKE REIT LLC, a Delaware limited liability company ("Assignor") and _______________, a _______________ ("Assignee").
FOLLOWS. SELLER: AP WP SERAMONT REIT LLC, a Delaware limited liability company By: AP WP Texas MF LLC, a Delaware limited liability company, its Manager By: ____________________ Name: Xxxxxx Xxxxx Title: Vice President Date signed: _______ ___, 2015 SWORN TO AND SUBSCRIBED before me under the penalties of perjury, this ___ day of _____, 2015. ___________________________________ Notary Public in and for the State of Georgia ____________________________________ Printed/Typed Name of Notary Public My Commission Expires: _____________________ EXHIBIT A PROPERTY DESCRIPTION (Attached) EXHIBIT B RENT ROLL Mineral Rights Deed SCHEDULE 1 to Contract for Purchase and Sale List of Personal Property [INTENTIONALLY OMITTED] Personal Property- Schedule 1 -1 SCHEDULE 2 to Contract for Purchase and Sale Service Contracts [INTENTIONALLY OMITTED] Service Contracts- Schedule 2 -1 SCHEDULE 3 to Contract for Purchase and Sale Notice of Violations NONE Notice of Violations- Schedule 3 -1 SCHEDULE 4 to Contract for Purchase and Sale Rent Roll June 29, 2015
FOLLOWS. EXECUTED on the dates set forth below to be effective as of the Effective Date. SELLER: 00000 XXXXXX XXXXX FEE OWNER, LLC, a Delaware limited liability company By: 15250 Sonoma Drive, LLC, a Delaware limited liability company, its Sole Member By: Behringer Harvard Palms of Monterrey, LLC, a Delaware limited liability company, its Managing Member By: /s/ Xxxxx X. Xxxx Name: Title: Date signed: November 21, 2011 Address: c/o Behringer Harvard 00000 Xxxxxx Xxxxxxx, Xxxxx 000 Xxxxxxx, Xxxxx 00000-0000 Attn: Xxxxx X. Xxxx Facsimile: 000-000-0000 Telephone: 000-000-0000 Email: xxxxx@xxxxxxxxxxxxxxxx.xxx with a copy to: Xxxxx Day 0000 X. Xxxxxxx Street Dallas, Texas 75201 Attention: Xxxxxxxx X. Xxxxx Facsimile: 000-000-0000 Telephone: 000-000-0000 Email: xxxxxx@xxxxxxxx.xxx BUYER: XXXXXXXXX FORGE, INC., a Massachusetts corporation By: /s/ Xxxxx X. Xxxxxx Name: Title: Date signed: November 21, 2011 Address: 0 Xxxxx Xxxxxx, Suite 14 Newton, Massachusetts 02459 Telephone: 000-000-0000 Email: xxxxxxx@xxxxxxxxxxxxxx.xxx with a copy to: Xxxxxxx X. Xxxxxxxxxx, Esq. Xxxxxx & Xxxxx LLP 000 X. Xxxxxx Xxxxxx, Xxxxx 0000 Xxxxxxx, Xxxxxxx 00000 Telephone: 000-000-0000 Facsimile: 000-000-0000 Email: xxxxxxxxxxx@xxxxxx.xxx
FOLLOWS. (a) Borrower and each Subsidiary shall at all times keep accurate and complete books, records and accounts with respect to all of Borrower's and its Subsidiaries' respective business activities, in accordance with sound accounting practices and generally accepted accounting principles consistently applied, and shall keep such books, records and accounts, and any copies thereof, only at the addresses indicated for such purpose on Exhibit A;
FOLLOWS. The minimum Scalo of Wages for the various employes shall be as Store Manager................... per woek Assistant Manager............... il it Frni t, Man....................... ti n Xx xxxxx......................... it ti Stock-room Man.................. 11 it Clerk........................... 1 ti 1 1 Apprentice, first 6 months...... it 1 Apprentice, 6 mos. to 18 mos.... thereafter.......... m n until such time as the employe has qualified himself for a higher class
FOLLOWS. EXECUTED by the undersigned to be effective for all purposes as of the Amendment Date. TRIPLE NET PROPERTIES, LLC By: /s/ Xxxxxxx X. Xxxxxxxx ------------------------------------- Name: Xxxxxxx X. Xxxxxxxx Title: President "Buyer" EBS BUILDING, L.L.C. By: FTI Consulting, Inc., its Manager By: /s/ Xxxxx X. Xxxxxx ------------------------------------- Name: Xxxxx X. Xxxxxx Title: Senior Managing Director "Seller"