Specified Adjustments. Except as has been disclosed by the Servicers to the Purchasers in the supplement to the Fee Letter delivered in connection with the First Amendment, the adjustments described in the definition of “Specified Adjustment” do not result from (and are not alleged by any Governmental Authority or Responsible Person to have resulted from) fraud, misconduct or similar circumstances; and the matters disclosed in the Press Releases and related matters will not have a Material Adverse Effect.
Specified Adjustments. Except with respect to clause (b)(ii) of the definition of “Specified Adjustment”, the adjustments described in such definition result primarily from SIRVA, Inc.’s insurance and European operations, and not the operations of a SIRVA Entity; except as disclosed by the Servicers to the Purchasers in the supplement to the Fee Letter delivered in connection with the First Amendment, such adjustments do not result from (and are not alleged by any Governmental Authority or Responsible Person to have resulted from) fraud, misconduct or similar circumstances; and the matters disclosed in the Press Releases and related matters will not have a Material Adverse Effect.
Specified Adjustments. Interest or actual investment earnings, gain or loss as specified on Exhibit A. The Employer hereby agrees to the provisions of this Plan, and in witness of its agreement, the Employer, by its duly authorized officers, has executed this Adoption Agreement. Name of Employer: SCP Distributors LLC EIN: 00-0000000 Signed: /s/ Xxxxxx X. Xxxxx de la Mesa President/Chief Executive Officer (Name/Title) Date: 3/1/05 The Employer hereby agrees to the provisions of this Plan, and in witness of its agreement, the Employer, by its duly authorized officers, has executed this Adoption Agreement. Name of Employer: Superior Pool Products LLC EIN: 00-0000000 Signed: /s/ Xxxxxx X. Xxxxx de la Mesa President/Chief Executive Officer (Name/Title) Date: 3/1/05 The Employer hereby agrees to the provisions of this Plan, and in witness of its agreement, the Employer, by its duly authorized officers, has executed this Adoption Agreement. Name of Employer: Cypress Inc. EIN: 00-0000000 Signed: /s/ Xxxxxx Xxxxxx President (Name/Title)
Specified Adjustments. Except as has been disclosed by the Servicers to the Purchasers in the supplement to the Fee Letter delivered in connection with the First Amendment dated as of March 31, 2005 to the Amended and Restated Receivable Sales Agreement dated as of December 23, 2004 (which was amended and restated by the Original Receivables Sale Agreement), the adjustments described in the definition of “Specified Adjustment” do not result from (and are not alleged by any Governmental Authority or Responsible Person to have resulted from) fraud, misconduct or similar circumstances; and the matters disclosed in the Press Releases and related matters will not have a Material Adverse Effect.
