if Xxxxxxxx Sample Clauses

if Xxxxxxxx xxx's Common Stock is not traded on a securities exchange or the Nasdaq Stock Market, the value of Xxxxxxxx.xxx Common Stock shall be determined in good faith jointly by the Board of Directors of Xxxxxxxx.xxx and the Stockholders' Representative; provided that if the Board of Directors of Xxxxxxxx.xxx and the Stockholders' Representative cannot agree on such value within 15 days of the Alive Claim Date, then such shares shall be valued at the "Appraised Fair Market Value" (as defined below). For purposes of --------------------------- this Agreement, "Fair Market Value" means the price that an unrelated third ----------------- party would pay if it were to acquire all outstanding shares of Xxxxxxxx.xxx Common Stock (on an as-converted basis) in an arm's-length transaction, assuming that such shares were being sold in a manner designed to attract all possible participants and without taking into consideration a control premium or minority discount. The "Appraised Fair Market Value" shall be determined in accordance --------------------------- with the following procedures: Xxxxxxxx.xxx and the Stockholder's Representative shall jointly select an investment banking firm of recognized national standing (the "Appraiser"), which shall appraise the Fair Market Value and deliver its --------- appraisal to Xxxxxxxx.xxx and the Stockholder's Representative, within 30 days of its engagement. If either party shall disagree with the Fair Market Value determined by such appraiser, then such party shall have the right to appoint an additional investment banking firm of recognized national standing (the "Second ------ Appraiser"). If such party does not engage a Second Appraiser within 30 days of --------- the First Appraiser's delivery of its appraisal, the First Appraiser's appraisal shall be the Appraised Fair Market Value. If a party engages a Second Appraiser, the Second Appraiser will appraise the Fair Market Value, and deliver its appraisal to Xxxxxxxx.xxx and the Stockholders' Representative, within 30 days of its engagement. If such difference between the two appraisals is less than 20% of the lower appraised value, then the Appraised Fair Market Value shall be the average of the two appraisals. If the difference is greater than or equal to 20% of the lower appraised value, unless Xxxxxxxx.xxx and the Stockholders' Representative agree otherwise, the two appraisers shall engage a third independent investment banking firm of recognized national standing (the "Thi...
Sample 1
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if Xxxxxxxx xxx's Common Stock is traded on a securities exchange or The Nasdaq Stock Market, the value of Xxxxxxxx.xxx Common Stock shall be deemed to be the average of the closing prices over a fifteen (15) trading day period beginning on the Alive Claim Date.
Sample 1
if Xxxxxxxx. Xxx reports a trouble on a Network Element or Other Service and no trouble actually exists on the BellSouth portion, BellSouth will charge Xxxxxxxx.Xxx for any dispatching and testing (both inside and outside the Central Office (CO)) required by BellSouth in order to confirm the working status.
Sample 1
if Xxxxxxxx. Xxx modifies an order (Order Modification Charge (OMC)) after being sent a Firm Order Confirmation (FOC) from BellSouth, any costs incurred by BellSouth to accommodate the modification will be paid by Xxxxxxxx.Xxx in accordance with XXX Xx. 0 Xxxxxx, Xxxxxxx 5.
Sample 1
if Xxxxxxxx. Xxx requests a UCSL and it is not available, Xxxxxxxx.Xxx may request the copper Sub-Loop facility be modified pursuant to the ULM process to remove load coils and/or excessive bridged taps. If load coils and/or excessive bridged taps are removed, the facility will be classified as a UCSL.
Sample 1
if Xxxxxxxx. Xxx reports a trouble on the High Frequency Spectrum of a Loop and no trouble actually exists on the BellSouth portion, BellSouth will charge Xxxxxxxx.Xxx for any dispatching and testing (both inside and outside the CO) required by BellSouth in order to confirm the working status. The rates charged for no trouble found (NTF) shall be as set forth in Exhibit A of this Attachment.
Sample 1
if Xxxxxxxx. Xxx is not the data provider, Xxxxxxxx.Xxx shall indemnify, defend and hold harmless BellSouth from and against any claims, losses, actions, causes of action, suits, demands, damages, injury, and costs including reasonable attorney fees, which arise out of actions related to the data provider.
Sample 1
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if Xxxxxxxx. Xxx queries the BellSouth CNAM SCP via a third party national SS7 transport provider, the third party SS7 provider shall interconnect with the XxxxXxxxx XXX0 network according to BellSouth's Common Channel Signaling Interconnection Guidelines and Telcordia’s CCS Network Interface Specification document, TR-TSV-000905. In addition, the third party provider shall establish SS7 interconnection at one or more of the BellSouth Gateway STPs. The payment of all costs associated with the transport of SS7 signals via a third party will be established by mutual agreement of the Parties and this Agreement shall be amended in accordance with modification of the General Terms and Conditions incorporated herein by this reference.
Sample 1

Related to if Xxxxxxxx

  • Xxxxxxxx Xxxxxxxx obligation to pay compensation to PaineWebber as agreed upon pursuant to this paragraph 4 is not contingent upon receipt by Xxxxxxxx Xxxxxxxx of any compensation from the Fund or Series. Xxxxxxxx Xxxxxxxx shall advise the Board of any agreements or revised agreements as to compensation to be paid by Xxxxxxxx Xxxxxxxx to PaineWebber at their first regular meeting held after such agreement but shall not be required to obtain prior approval for such agreements from the Board.

  • Xxxxxxx Xxxxxxxxx This Lot may contain Bundles which include Hardware and/or Software in combination with Cloud Services. All components of the Bundle must be within the overall scope of this Contract. The Hardware or Software Products included in the Bundle cannot be listed as stand-alone items for this Lot. Third Party Products are allowed as part of a Bundle only if they are required to facilitate the provision of the Cloud solution. PROTECTION OF DATA, INFRASTRUCTURE AND SOFTWARE Contractor is responsible for providing physical and logical security for all Data, infrastructure (e.g. hardware, networking components, physical devices), and software related to the services the Contractor is providing under the Authorized User Agreement. All Data security provisions agreed to by the Authorized User and Contractor within the Authorized User Agreement may not be diminished for the duration of the Authorized User Agreement. No reduction in these conditions in any fashion may occur at any time without prior written agreement by the parties amending the Authorized User Agreement.

  • Xxxxxx Xxxxxxxxxx s/ X. Xxxxxx Xxxxxxxxxx X. Xxxxxx Xxxxxxxxxx SECOND AMENDMENT TO THIRD A&R INVESTORS’ RIGHTS AGREEMENT AND WAIVER OF REGISTRATION RIGHTS This Amendment has been executed by the undersigned, effective as of the date first written above. Norwest Venture Partners XI, LP By: Genesis VC Partners XI, LLC, General Partner By: NVP Associates, LLC, Managing Member By: /s/ Xxxx Xxxxx Xxxx Xxxxx Norwest Venture Partners VII-A, LP By: Itasca VC Partners VII-A, LLC, General Partner By: NVP Associates, LLC, Managing Member By: /s/ Xxxx Xxxxx Xxxx Xxxxx Norwest Venture Partners VI-A, LP By: Itasca VC Partners VI-A, LLC, General Partner By: NVP Associates, LLC, Managing Member By: /s/ Xxxx Xxxxx Xxxx Xxxxx Address: 000 Xxxxxxxxxx Xxx., Xxxxx 000 Xxxx Xxxx, XX 00000-0000 Attn: Xxxx Xxxxxxx, CFO With a copy to: Norwest Venture Partners XI, LP 000 Xxxxxxxxxx Xxx., Xxxxx 000 Xxxx Xxxx, XX 00000-0000 Attn: Xxxx Xxxxx SECOND AMENDMENT TO THIRD A&R INVESTORS’ RIGHTS AGREEMENT AND WAIVER OF REGISTRATION RIGHTS This Amendment has been executed by the undersigned, effective as of the date first written above. XXXXX STREET 2010 DIRECT FUND, L.P. By: ASP 2010 Direct Management, LLC, its General Partner By: Xxxxx Street Partners, LLC, its Managing Member By: /s/ Xxxxx Xxxxxx Partner XXXXX STREET 2009 DIRECT FUND, L.P. By: ASP 2009 Direct Management, LLC, its General Partner By: Xxxxx Street Partners, LLC, its Managing Member By: /s/ Xxxxx Xxxxxx Partner XXXXX STREET 2008 DIRECT FUND, L.P. By: ASP 2008 Direct Management, LLC, its General Partner By: Xxxxx Street Partners, LLC, its Managing Member By: /s/ Xxxxx Xxxxxx Partner Address: x/x Xxxxx Xxxxxx Partners, LLC Xxx Xxxxx Xxxxxx Xxxxx, Suite 2200 Chicago, IL 60606-2823 Attn: Xxxxx Xxxx SECOND AMENDMENT TO THIRD A&R INVESTORS’ RIGHTS AGREEMENT AND WAIVER OF REGISTRATION RIGHTS This Amendment has been executed by the undersigned, effective as of the date first written above. GOOGLE VENTURES 2011, L.P. By: Google Ventures 2011 GP, L.L.C., its general partner By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Member Address: 0000 Xxxxxxxxxxxx Xxxxxxx Xxxxxxxx Xxxx, XX 00000 Attn: Xxxxx Xxxxx With a copy to: Google Ventures 2011, L.P. Attn: General Counsel, Google Ventures Email: xx-xxxxxx@xxxxxx.xxx SECOND AMENDMENT TO THIRD A&R INVESTORS’ RIGHTS AGREEMENT AND WAIVER OF REGISTRATION RIGHTS This Amendment has been executed by the undersigned, effective as of the date first written above. /s/ Xxxxxx Xxxxxxxx Xxxxxx Xxxxxxxx /s/ Xxx Xxxxxxxx Xxx Xxxxxxxx /s/ Xxxxxxx Xxxxxxx Xxxxxxx Xxxxxxx /s/ Xxxxxxx Argiolas Antonio Argiolas /s/ Xxxxxx Xxxxx Xxxxxx Xxxxx /s/ Xxxx-Xxxx Xxxxx Xxxx-Xxxx Jones SECOND AMENDMENT TO THIRD A&R INVESTORS’ RIGHTS AGREEMENT AND WAIVER OF REGISTRATION RIGHTS This Amendment has been executed by the undersigned, effective as of the date first written above. INSTITUTIONAL VENTURE PARTNERS XIII L.P. By: Institutional Venture Management XIII LLC Its: General Partner By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Authorized Signatory SECOND AMENDMENT TO THIRD A&R INVESTORS’ RIGHTS AGREEMENT AND WAIVER OF REGISTRATION RIGHTS This Amendment has been executed by the undersigned, effective as of the date first written above. XX XXXXXX DIGITAL GROWTH FUND L.P. By: X.X. Xxxxxx Investment Management Inc. Its: Investment Advisor By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Managing Director SECOND AMENDMENT TO THIRD A&R INVESTORS’ RIGHTS AGREEMENT AND WAIVER OF REGISTRATION RIGHTS This Amendment has been executed by the undersigned, effective as of the date first written above. 000 XXXXX XXXXXX FUND, L.P. By: X.X. Xxxxxx Investment Management Inc. Its: Investment Advisor By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Managing Director SECOND AMENDMENT TO THIRD A&R INVESTORS’ RIGHTS AGREEMENT AND WAIVER OF REGISTRATION RIGHTS This Amendment has been executed by the undersigned, effective as of the date first written above.

  • Xxxxxxxx Xxxxxxxxx Xx xxxvided for in the Agreement and Declaration of Trust of the various Funds, under which the Funds are organized as unincorporated trusts, the shareholders, trustees, officers, employees and other agents of the Fund shall not personally be found by or liable for the matters set forth hereto, nor shall resort be had to their private property for the satisfaction of any obligation or claim hereunder.

  • Xxxxxxxx Xxxxxxx Purchase Order and Sales Contact Email Please enter a valid email address that will definitely reach the Purchase Order and Sales Contact. 2 xxxxxxx@xxxxxxxxxxxxxxxxxxxxx.xxx Purchase Order and Sales Contact Phone Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477). 2 3 8473704468 Company Website Company Website (Format - xxx.xxxxxxx.xxx) 4 xxx.xxxxxxxxxxxxxxxxxxxxx.xxx Entity D/B/A's and Assumed Names You must confirm that you are responding to this solicitation under your legal entity name. Go now to your Supplier Profile in this eBid System and confirm that your profile reflects your "Legal Name" as it is listed on your W9. In this question, please identify all of your entity's assumed names and D/B/A's. Please note that you will be identified publicly by the Legal Name under which you respond to this solicitation unless you organize otherwise with TIPS after award. 5 No response Primary Address Primary Address 2 6 000 Xxxxx Xxx Primary Address City Primary Address City Elk Grove Village Primary Address State Primary Address State (2 Digit Abbreviation) 2 8 IL Primary Address Zip Primary Address Zip 9 60007 Search Words Identifying Vendor Please list all search words and phrases to be included in the TIPS database related to your entity. Do not list words which are not associated with the bid category/scope (See bid title for general scope). This will help users find you through the TIPS website search function. You may include product names, manufacturers, specialized services, and other words associated with the scope of this solicitation. Athletic Field Construction, Athletic Field Maintenance, Athletic Field Consulting Certification of Vendor Residency (Required by the State of Texas) Does Vendor's parent company or majority owner:

  • Xxxxxx Xxxxxxxxx Purchase Order and Sales Contact Email Please enter a valid email address that will definitely reach the Purchase Order and Sales Contact. 2 2 xxxxxx@xxxxxxxxxxxxxxx.xxx Purchase Order and Sales Contact Phone Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477). 2 3 8324187951 Company Website Company Website (Format - xxx.xxxxxxx.xxx) 4 No response Entity D/B/A's and Assumed Names You must confirm that you are responding to this solicitation under your legal entity name. Go now to your Supplier Profile in this eBid System and confirm that your profile reflects your "Legal Name" as it is listed on your W9. In this question, please identify all of your entity's assumed names and D/B/A's. Please note that you will be identified publicly by the Legal Name under which you respond to this solicitation unless you organize otherwise with TIPS after award. 5 No response Primary Address Primary Address 2 6 00000 Xxxxxxxxxx 00 X, Xxxxx 000 Primary Address City Primary Address City 7 Spring Primary Address State Primary Address State (2 Digit Abbreviation) 2 8 TX Primary Address Zip Primary Address Zip 9 77380 Search Words Identifying Vendor Please list all search words and phrases to be included in the TIPS database related to your entity. Do not list words which are not associated with the bid category/scope (See bid title for general scope). This will help users find you through the TIPS website search function. You may include product names, manufacturers, specialized services, and other words associated with the scope of this solicitation.

  • Xxxxxxx Xxxxxxxx Purchase Order and Sales Contact Email Please enter a valid email address that will definitely reach the Purchase Order and Sales Contact. 2 xxx@xxxxxxxxxxxxxxx.xxx Purchase Order and Sales Contact Phone Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477). 2 3 6785605336 Company Website Company Website (Format - xxx.xxxxxxx.xxx) 4 xxx.xxxxxxxxxxxxxxx.xxx Entity D/B/A's and Assumed Names You must confirm that you are responding to this solicitation under your legal entity name. Go now to your Supplier Profile in this eBid System and confirm that your profile reflects your "Legal Name" as it is listed on your W9. In this question, please identify all of your entity's assumed names and D/B/A's. Please note that you will be identified publicly by the Legal Name under which you respond to this solicitation unless you organize otherwise with TIPS after award. Deluxe Athletics, LLC Primary Address Primary Address 00 Xxxxx Xxxxx Primary Address City Primary Address City 7 Marietta Primary Address State Primary Address State (2 Digit Abbreviation) 2 8 GA Primary Address Zip Primary Address Zip 9 30067 Search Words Identifying Vendor Please list all search words and phrases to be included in the TIPS database related to your entity. Do not list words which are not associated with the bid category/scope (See bid title for general scope). This will help users find you through the TIPS website search function. You may include product names, manufacturers, specialized services, and other words associated with the scope of this solicitation. Synthetic turf, artificial turf, turf, FieldTurf, Field Turf, AstroTurf, Astro Turf, Sprinturf, Field, Artificial Field, Synthetic Field, Soccer Field, Football Field, Lacrosse Field, Field Hockey Field, Baseball Field, Softball Field Certification of Vendor Residency (Required by the State of Texas) Does Vendor's parent company or majority owner:

  • Xxxxxxxxx Xxxxxx i. An employer shall provide an employee at the time of his hiring with an inventory form on which the employee shall list his tools and which shall be submitted by the employee to the employer who may, at any time, check the accuracy of such inventory.

  • Xxxxx Xxxxxxxxxx (2) Xxxxx Xxxxx

  • Xxxxxxxxxx Xxxxx Xxx xxxx xxx xxxxxxx xx the registered agent of the LLC for service of process on the LLC in the State of Delaware is National Registered Agents, Inc., 9 East Loockerman Street, Suite 1B, Dover, Delaware 19901.

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