Sixty (60) days shall have expired after the commencement of an action by or against Borrower seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, without such action being dismissed or all orders or proceedings thereunder affecting the operations or the business of Borrower being stayed; or a stay of any such order or proceedings shall thereafter be set aside and the action setting it aside shall not be timely appealed; or Borrower shall file any answer admitting or not contesting the material allegations of a petition filed against Borrower in any such proceedings; or the court in which such proceedings are pending shall enter a decree or order granting the relief sought in any such proceedings; or
EIGHT You and the Company represent and acknowledge that in executing this Agreement, neither is relying upon any representation or statement not set forth in this Agreement or the Severance Agreement. NINE:
million Notwithstanding the foregoing: (i) a transfer of assets by the Company to a Restricted Subsidiary or by a Restricted Subsidiary to the Company or to another Restricted Subsidiary, (ii) an issuance of Equity Interests by a Restricted Subsidiary to the Company or to another Restricted Subsidiary, (iii) a Restricted Payment that is permitted by the covenant contained in Section 4.07 and (iv) a disposition of Cash Equivalents in the ordinary course of business shall not be deemed to be an Asset Sale.
billion ----------------------------------------------------------------------------------------------------------------------------- EQUITY, BALANCED AND ASSET ALLOCATION EFFECTIVE DATE OF INVESTMENT ADVISORY FEE FUNDS AGREEMENT AND ANY AMENDMENTS ENTERED INTO PRIOR TO MAY 1, 2004 ----------------------------------------------------------------------------------------------------------------------------- Xxxxxx Xxxxxxx Total Market Index Fund 07/21/ 99, as amended on 0.12% of the daily net assets. 05/01/04 The Investment Adviser has agreed to cap the Fund's operating expenses (except for brokerage and 12b-1 fees) by assuming the Fund's "other expenses" and/or waiving its fees under this Agreement and the Administration Agreement to the extent such operating expenses exceed on an annualized basis 0.40% of the average daily net assets of the Fund, which may reduce the fees under this Agreement and the Administration Agreement below 0.20% of the Fund's average daily net assets. ----------------------------------------------------------------------------------------------------------------------------- Xxxxxx Xxxxxxx Total Return Trust 06/28/99, as amended on 0.67% of the portion of daily net assets not 05/01/00, 05/01/01 exceeding $500 million; 0.645% of the portion of daily net assets exceeding $500 million but not exceeding $1 billion; and 0.62% of the portion of daily net assets exceeding $1 billion. ----------------------------------------------------------------------------------------------------------------------------- Xxxxxx Xxxxxxx Utilities Fund 05/31/97, as amended on 0.57% of the portion of daily net assets not 04/30/98 exceeding $500 million; 0.47% of the portion of daily net assets exceeding $500 million but not exceeding $1 billion; 0.445% of the portion of daily net assets exceeding $1 billion but not exceeding $1.5 billion; 0.42% of the portion of daily net assets exceeding $1.5 billion but not exceeding $2.5 billion; 0.395% of the portion of daily net assets exceeding $2.5 billion but not exceeding $3.5 billion; 0.37% of the portion of daily net assets exceeding $3.5 billion but not exceeding $5 billion; and 0.345% of the portion of daily net assets exceeding $5 billion. ----------------------------------------------------------------------------------------------------------------------- Xxxxxx Xxxxxxx Value-Added Market 05/31/97, as amended on 0.12% of the daily net assets. Series 05/01/98 ----------------------------------------------------------------------------------------------------------------------- Xxxxxx Xxxxxxx Value Fund 07/22/98, as amended on 0.42% of the portion of daily net assets not 05/01/02, 05/01/04 exceeding $1 billion; 0.37% of the portion of daily net assets exceeding $1 billion but not exceeding $2 billion; 0.32% of the portion of daily net assets exceeding $2 billion but not exceeding $3 billion; and 0.27% of the portion of daily net assets exceeding $3 billion. ----------------------------------------------------------------------------------------------------------------------- Xxxxxx Xxxxxxx Variable Investment Series- ----------------------------------------------------------------------------------------------------------------------- - Aggressive Equity Portfolio 05/31/97, as amended on 0.67% of the portion of daily net assets not 05/01/98, 05/01/99, exceeding $500 million; 0.645% of the portion of 05/01/00 daily net assets exceeding $500 million but not exceeding $2 billion; 0.62% of the portion of daily net assets exceeding $2 billion but not exceeding $3 billion; and 0.595% of the portion of daily net assets exceeding $3 billion. ----------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------- EQUITY, BALANCED AND ASSET ALLOCATION EFFECTIVE DATE OF INVESTMENT ADVISORY FEE FUNDS AGREEMENT AND ANY AMENDMENTS ENTERED INTO PRIOR TO MAY 1, 2004 -----------------------------------------------------------------------------------------------------------------------------
pounds For the right to have pet(s) on the Premises the Landlord shall charge a fee of $[PET FEE] that is ☐ non-refundable ☐ refundable unless there are damages related to the pet. The Tenant is responsible for all damage that any pet causes, regardless of ownership of said pet and agrees to restore the Premises to its original condition at their expense. ☐ - Shall not have the right to have pets on the Premises or in the common areas.
Dollars The term “
Five (5%) percent of the total fee upon 100% completion of Phase IV.
SEVEN (a) This Agreement shall not in any way be construed as an admission by the Company that it has acted wrongfully with respect to you or any other person, or that you have any rights whatsoever against the Company, and the Company specifically disclaims any liability to or wrongful acts against you or any other person, on the part of itself, its employees or its agents. This Agreement shall not in any way be construed as an admission by you that you have acted wrongfully with respect to the Company, or that you failed to perform your duties or negligently performed or breached your duties, or that the Company had good cause to terminate your employment.
U.S. Dollars The 2017-3 Lease Agreement is payable solely in Dollars in the United States. Documents Lease Documents
Canadian Dollars All references herein to dollar amounts are to lawful money of Canada.