Signature Pages. MIP shall promptly provide all required --------------- signature pages to Trust for inclusion in any SEC Filings of Trust, provided Trust is in material compliance with its covenants and other obligations under this Agreement at the time such signature pages are provided and included in the SEC Filing. Trust and Distributor acknowledge and agree that the provision of such signature pages does not constitute a representation by MIP, its Trustees or Officers, that such SEC Filing complies with the requirements of the applicable Securities Laws, or that such SEC Filing does not contain any untrue statement of a material fact or does not omit to the state any material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading, except with respect to information provided by MIP for inclusion in such SEC Filing or for use by Trust in preparing such filing, which shall in any event include any written information obtained from MIP's current registration statement on Form N-1A.
Signature Pages. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be one and the same instrument. The exchange of copies of this Agreement and of signature pages by facsimile transmission shall constitute effective execution and delivery of this Agreement as to the Parties and may be used in lieu of the original Agreement for all purposes. Signatures of the Parties transmitted by facsimile shall be deemed to be their original signatures for all purposes.
Signature Pages. IN WITNESS WHEREOF this Supplemental Agreement has been entered into the day and year first above written.Signed by Chua Joo Hock ) Director ) For and on behalf of ) VERTEX ASIA FUND (SINGAPORE) ) /s/ Chua Joo Hock PTE. LTD. ) in the presence of:- ) Execution page of Merger Agreement Supplemental Agreement
Signature Pages. Intending to be bound by the terms of this Agreement each Limited Partner has signed and dated a Limited Partner Signature Page and Power of Attorney (“Signature Page”) setting forth the amount of cash or other property contributed by each. The name, address, and contribution of each of the Partners appear on Schedule A, which is attached to this Agreement and incorporated herein by reference.
Signature Pages. The Administrative Agent shall have received counterparts of this Agreement, duly executed and delivered by the Credit Parties, the Administrative Agent and Required Forbearing Lenders.
Signature Pages. Pursuant to the Confirmation Order, each Lender party to this Agreement as of the date hereof, by virtue of (a) its affirmative vote to approve the Plan of Reorganization or (b) if such Lender shall have failed to vote with respect to, or shall have voted to reject, the Plan of Reorganization, its affirmative acceptance of the offer to participate in the Revolving Facility (as defined in the Series A Credit Agreement) and Term Loan, as the case may be, shall be deemed to have consented to the terms and provisions of the Credit Documents and shall be bound by the terms thereof as if it executed signature pages to those Credit Documents to which it is a party as of the date hereof.
Signature Pages. A facsimile or Portable Document Format copy of a signature shall have the same force and effect as an original signature. [SIGNATURE FOLLOWS IMMEDIATELY HEREAFTER]Exh. 1.01(c)-2 IN WITNESS WHEREOF, the party hereto has caused this Joinder Agreement to be duly executed and delivered by its proper and duly authorized officers as of this [___] day of [_______], 2008. [CDS Counterparty/Portfolio Trust] By: Name: Title: [Notice Information] Exh. 1.01(c)-3EXHIBIT 1.01(d) FORM OF EXCESS OF LOSS COMMUTATION AGREEMENTExhibit 1.01(d)COMMUTATION AND RELEASE AGREEMENT This Commutation and Release Agreement (the “Agreement”) dated as of _____, 2008, is made by and between XL Financial Assurance Ltd, a company domiciled in Bermuda (the “Company”) and XL Insurance (Bermuda) Ltd, formerly known as XL Insurance Ltd, a company also domiciled in Bermuda ( the “Reinsurer”). The Reinsurer and the Company are hereinafter referred to collectively as the “Parties.” RECITALSWHEREAS, the Parties previously entered into a reinsurance agreement entitled the Excess of Loss Reinsurance Agreement executed on October 3, 2001, as amended, pursuant to which the Reinsurer agreed to reinsure certain liabilities of the Company (the “Reinsurance Agreement”); and WHEREAS, the vast majority of the Reinsurer’s exposure under the Reinsurance Agreement is attributable to a Facultative Quota Share Reinsurance Treaty dated as of October 6, 1999 as amended and restated by an Amended and Restated Facultative Quota Share Reinsurance Treaty dated as of June 22, 2001, as further amended and restated by a Second Amended and Restated Facultative Quota Share Reinsurance Treaty dated as of May 1, 2004, and as further amended and restated by a Third Amended and Restated Facultative Quota Share Reinsurance Treaty dated as of June 29, 2006 (the “Quota Share”) pursuant to which the Company reinsures certain liabilities of XL Capital Assurance Inc. (“XLCA”); and WHEREAS, the Parties and XLCA are parties to that certain Master Commutation, Release and Restructuring Agreement, dated as of July __, 2008, by and among the Company, the Reinsurer, Security Capital Assurance Ltd and other parties thereto (the “Master Transaction Agreement”), pursuant to which (a) the Company and the Reinsurer have agreed to enter into this Agreement; and (b) XLCA and the Company have agreed to commute the Quota Share and fully and finally extinguish all of the parties’ rights and obligations under the Quota Share (the “Quota Share Commu...