Nonetheless to the extent that, pursuant to the exercise effected hereby, the Holder would have more shares than permitted under said Section, this notice should be amended and revised, ab initio, to refer to the exercise which would result in the issuance of shares consistent with such provision. Any exercise above such amount is hereby deemed void and revoked. As contemplated by the Warrant, this Notice of Conversion is being sent by facsimile to the telecopier number and officer indicated above. If this Notice of Exercise represents the full exercise of the outstanding balance of the Warrant, the Holder either (1) has previously surrendered the Warrant to the Company or (2) will surrender (or cause to be surrendered) the Warrant to the Company at the address indicated above by express courier within five (5) Trading Days after delivery or facsimile transmission of this Notice of Exercise. The certificates representing the Warrant Shares should be transmitted by the Company to the Holder via express courier, or by electronic transfer after receipt of this Notice of Exercise (by facsimile transmission or otherwise) to: Dated: ______________________ _____________________________ [Name of Holder] By: _________________________ NOTICE OF EXERCISE OF WARRANT WORKSHEET SCHEDULE
Nonetheless to the extent that, pursuant to the exercise effected hereby, the Holder would have more shares than permitted under said Section, this notice should be amended and revised, ab initio, to refer to the exercise that would result in the issuance of shares consistent with such provision. Any exercise above such amount is hereby deemed void and revoked. Please deliver the stock certificate to: Dated: [Name of Holder] By: NOTICE OF EXERCISE OF WARRANT WORKSHEET SCHEDULE
Nonetheless. Minatom officials acquiesced to the matched-sales arrangement, not least because one company partially owned by Xxxxxxx was well positioned to reap hard-currency profits from the matched sales.71
Nonetheless the provisions of Articles 5 and 6 related to Proprietary Information and Non-circumvention shall survive termination of this agreement and continue for such terms as provided therein.
Nonetheless the hiring parties agree that the administrative expenses of the joint venture can not exceed Five percent (5%) of the production direct costs. Equally, it is also stated that the marketing commission and the realization costs can not exceed' as a whole, Two percent (2%) of the Net Smelter's Return.
Nonetheless in December 2020 and December 2020, the then prevailing rent may be reviewed either upwards or downwards to adjust it to market rents, as the case may be. Said adjustment will be made with both parties' agreement. Should such an agreement not be reached, each party shall appoint a renowned independent real estate expert or a qualified Real Property Agent (Agente de la Propiedad Inmobiliaria) belonging to a professional college. These experts should come to a mutual agreement on the market rent. For the purposes of this agreement, Xxxxxxx Xxxxxx, XX Xxxxxxx Xxxxx, Colliers Auguste Thouard, Forum Inmobiliario, FPD Savills, Xxxxx & Xxxxx, Xxxxx Xxxx Lasalle and Xxxxxx Xxxxx are hereby deemed to be renowned independent real estate experts. Should the experts named above not reach agreement, the President of the Official College of Real Property Agents of Seville (Colegio Oficial de Agentes de la Propiedad xx Xxxxxxx) shall definitively set the new market rent for the leased surface area, without remedy of appeal. The rent thus set will prevail in 2010 and 2020 respectively, and it shall also be subject to annual rent reviews pursuant to the provisions set forth in paragraph 5 of this clause. The rent review procedure should be initiated at one of the parties' request at least four (4) months before the date in which it should take effect. Notice of the new rent should be given to both parties at least two (2) months before the agreement's renewal deadline. The fees of the experts appointed by each party shall be incurred by the party that appointed them, and the fees of the President of the Official College of Real Property Agents of Seville shall be incurred by the party whose market rent valuation was further from the value determined by the said President.
Nonetheless. (a) this Agreement is intended to be and hereby is a security agreement within the meaning of Articles 8 and 9 of the New York Uniform Commercial Code and the Uniform Commercial Code of any other applicable jurisdiction; (b) the conveyance provided for in Section 2.01 shall be deemed to be, and hereby is, a grant by the Company to the Trustee of a security interest in all of the Company's right (including the power to convey title thereto), title and interest, whether now owned or hereafter acquired, in and to any and all general intangibles, payment intangibles, accounts, chattel paper, instruments, documents, money, deposit accounts, certificates of deposit, goods, letters of credit, advices of credit and investment property and other property of whatever kind or description now existing or hereafter acquired consisting of, arising from or relating to any of the following: (A) Underlying Certificates, (B) all amounts payable pursuant to the holders of the Underlying Certificates in accordance with the terms thereof of the Pooling and Servicing Agreement, and (C) all proceeds of the conversion, voluntary or involuntary, of the foregoing into cash, instruments, securities or other property, including without limitation all amounts from time to time held or invested in the Trust Certificate Account, whether in the form of cash, instruments, securities or other property; (c) the possession by the Trustee or any agent of the Trustee of the Underlying Certificates or such other items of property as constitute instruments, money, payment intangibles, negotiable documents, goods, deposit accounts, letters of credit, advices of credit, investment property, certificated securities or chattel paper shall be deemed to be "possession by the secured party," or possession by a purchaser or a person designated by such secured party, for purposes of perfecting the security interest pursuant to the Minnesota Uniform Commercial Code and the Uniform Commercial Code of any other applicable jurisdiction as in effect (including, without limitation, Sections 8-106, 9-313 and 9-106 thereof); and (d) notifications to persons holding such property, and acknowledgments, receipts or confirmations from persons holding such property, shall be deemed notifications to, or acknowledgments, receipts or confirmations from, securities intermediaries, bailees or agents of, or persons holding for (as applicable) the Trustee for the purpose of perfecting such security interest under applicable...
Nonetheless a) THE LESSEE may subrogate its position to any company belonging to it or to any company belonging to its business Group, and it shall be construed to have been expressly authorized to do so by THE LESSOR by means of this clause and without THE LESSOR being entitled to raise the rent. Furthermore, any change that may come about to THE LESSEE’S legal personality as a result of a THE LESSEE being merged, restructured or spun off shall not be construed as assignment.
Nonetheless in its interim judgment Rotterdam District Court held as follows about the fact that Nationale-Nederlanden had not sent the policyholder a summary or full overview of the actual and/or absolute costs and their composition: Although Nationale-Nederlanden fulfilled the requirements referred to in Article 2(2)(q) and (r) of the 1998 Regulation regarding the provision of information to policyholders, it nonetheless infringed the open rules (including, in this legal action, the general and/or special duty of care owed by Nationale-Nederlanden to Xxx Xxxxxxx in the context of their contractual relations, pre-contractual good faith and/or requirements of reasonableness and fairness) by confining the information it furnished to information about the effect of costs and risk premiums on the return.16 Nationale-Nederlanden argued that it could not be required to furnish additional information on the basis of open and/or unwritten rules.
