XXXRXXX prior to the effective date of the Merger, Smith's was a party to a Wxxxxxx Agreement dated May 23, 1996 (the "Warrant Agreement") between Smith's and the Consultant xxxxxxnt to which Smith's issued 1,842,555 wxxxxxxx to purchase an aggregate of 1,842,555 shares of Class C Common Stock, $.01 par value per share, of Smith's. Defined terms usex xxxxxn and not otherwise defined herein have the meanings set forth in the Warrant Agreement.
XXXRXXX the Assignor and the PHH Parties have entered into the Amended and Restated Mortgage Loan Flow Purchase, Sale & Servicing Agreement, dated as of December 1, 2005 (the "Sale and Servicing Agreement"), pursuant to which the PHH Parties sold to the Assignor certain mortgage loans listed on the mortgage loan schedule attached as an exhibit to the Sale and Servicing Agreement;
XXXRXXX. J. Xxxxxxx, S. Seibald, SDS, Xxxxxxx, S. Xxxxxxx, B. Spector and Duxxxxxxx xolxxxxxxxxx benexxxxxxxx own more than five (5%) percent of the issued and outstanding common stock, $.01 par value of DCAP Group, Inc., a Delaware corporation ("DCAP"); and
XXXRXXX the Company desires to retain the services of Employee as President and Chief Executive Officer and Employee desires to render services to the Company as President and Chief Executive Officer;
XXXRXXX. Corporate High Yield Fund VI, Inc. (including any successor by merger or otherwise, the "Fund") is a newly organized, diversified, closed-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"), and its shares of common stock, par value $.10 per share ("Common Stock") are registered under the Securities Act of 1933, as amended; and
XXXRXXX the Assignor and the Servicer have entered into the Comprehensive Amended and Restated Servicing Agreement, dated as of September 1, 2005 (the "Servicing Agreement") and the Comprehensive Amended and Restated Flow Mortgage Servicing Rights Purchase Agreement, dated as of July 1, 2004 (the "Rights Purchase Agreement");
XXXRXXX. Fred Meyer and Smith's Food & Drug Centers, Inc., a Delaware corporxxxxn (xxx "Comxxxx"), propose to enter into an Agreement and Plan of Reorganization and Merger dated as of the date hereof (as the same may be amended or supplemented in a manner not adverse to the Stockholder, the "Reorganization Agreement"; capitalized terms used but not defined herein shall have the meanings set forth in the Reorganization Agreement) providing for the formation of a new Delaware holding company, Meyer-Smith Holdco, Inc. ("Holdings"), the formation of two subsidixxxxx xxxxxy-owned by Holdings ("Fred Meyer Merger Sub, Inc." and "Smith's Merger Sub, Inc.") and thx xxmxxxxxeous merger of Fred Meyex Xxxxxr Sub, Inc. with and into Fred Meyer and Smith's Mexxxx Xxx, Inc. with and into the Company (xxx "Xxxxxr") sx xxxx each of Fred Meyer and the Company become wholly-owned subsidiaries of Holdxxxx, xxxx the terms and subject to the conditions set forth in the Reorganization Agreement;
