XXXX XX XXXXXX. Lender agrees to make Xxxxxxes to Borrower from time to time from the date of this Agreement to the Expiration Date, provided the aggregate amount of such Advances outstanding at any time does not exceed the Borrowing Base. Within the foregoing limits, Borrower may borrow, partially or wholly prepay, and reborrow under this Agreement as follows: Conditions Precedent to Each Advance. Lender's obligation to xxxx any Advance to or for the account of Borrower under this Agreement is subject to the following conditions precedent, with all documents, instruments, opinions, reports, and other items required under this Agreement to be in form and substance satisfactory to Lender:
XXXX XX XXXXXX. This AGREEMENT is between (Sponsor) and the State of New Mexico, acting through the Department of Transportation Aviation Division (Division), for the purpose of carrying out the provisions of XXXX 0000, Section 64-1-13.1, of the Aviation Act ( “Act”) and the Municipal Airport Law of 1978 (NMSA 1978, Section 3-39-1 et seq.).
XXXX XX XXXXXX. In consideration for the benefits I will receive as a result of my employer’s participation in the United States Department of the Treasury’s TARP Capital Purchase Program, I hereby voluntarily waive any claim against the United States or any state or territory thereof or my employer or any of its directors, officers, employees and agents for any changes to my compensation or benefits that are required in order to comply with Section 111(b) of the Emergency Economic Stabilization Act of 2008, as amended (“EESA”), and rules, regulations, guidance or other requirements issued thereunder (collectively, the “EESA Restrictions”). I acknowledge that the EESA Restrictions may require modification of the employment, compensation, bonus, incentive, severance, retention and other benefit plans, arrangements, policies and agreements (including so-called “golden parachute” agreements), whether or not in writing, that I have with my employer or in which I participate as they relate to the period the United States holds any equity or debt securities of my employer acquired through the TARP Capital Purchase Program and I hereby consent to all such modifications. I further acknowledge and agree that if my employer notifies me in writing that I have received payments in violation of the EESA Restrictions, I shall repay the aggregate amount of such payments to my employer no later than fifteen business days following my receipt of such notice. This waiver includes all claims I may have under the laws of the United States or any other jurisdiction related to the requirements imposed by the EESA Restrictions (including without limitation, any claim for any compensation or other payments or benefits I would otherwise receive absent the EESA Restrictions, any challenge to the process by which the EESA Restrictions were adopted and any tort or constitutional claim about the effect of the foregoing on my employment relationship) and I hereby agree that I will not at any time initiate, or cause or permit to be initiated on my behalf, any such claim against the United States, my employer or its directors, officers, employees or agents in or before any local, state, federal or other agency, court or body. In witness whereof, I execute this waiver on my own behalf, thereby communicating my acceptance and acknowledgement to the provisions herein. Respectfully, Name: Title: Date: 504278 ANNEX D
XXXX XX XXXXXX. Brazilian, married, lawyer, domiciled in the City of São Paulo, State of São Paulo, at Xx. Xxxxxxx Xxxxxx No. 891, 22nd floor, bearer of identity card OAB/SP 71.184 and enrolled with the Individual Taxpayers Register of the Ministry of Finance under CPF/MF No. 000.000.000-00;
XXXX XX XXXXXX. XXXXXX agrees to indemnify and save LANDLORD harmless from all liability, loss or damage arising from any nuisance made or suffered on the premises by TENANT, visitors, agents, or from any carelessness, neglect, or improper conduct of any such persons. Subject to the provisions of applicable law, LANDLORD shall not be liable for damage to or loss of property of any kind while on the hired premises nor to any personal injury, unless caused by gross negligence of LANDLORD.
