STANDSTILL AGREEMENTStandstill Agreement • July 2nd, 2009 • Cascade Investment LLC • Electric services • Minnesota
AGREEMENT, dated July 1, 2009, by and between Otter Tail Corporation, a Minnesota corporation (the “Company”), and Cascade Investment, L.L.C. (“Cascade”).
AMENDMENT NO. 2 DATED AS OF JUNE 30, 2009 to NOTE PURCHASE AGREEMENT Dated as of February 23, 2007Note Purchase Agreement • July 2nd, 2009 • Cascade Investment LLC • Electric services • New York
THIS AMENDMENT dated as of June 30, 2009 (the or this “Amendment”) to the Note Purchase Agreement dated as of February 23, 2007 is between Otter Tail Corporation, a Minnesota corporation (the “Company”), and Cascade Investment, L.L.C. (“Cascade”).
VOTING AGREEMENTVoting Agreement • February 14th, 2007 • Cascade Investment LLC • Hotels & motels • Ontario
THIS VOTING AGREEMENT (this “Agreement”), dated as of February 9, 2007, is made and entered into by and among FS Acquisition Corp., a British Columbia corporation (“Purchaser”), Kingdom Hotels International, a Cayman Islands company (“Kingdom”), Cascade Investment, L.L.C., a Washington limited liability company (“Cascade”), Triples Holdings Limited, an Ontario corporation (“Triples”), and, other than for purposes of Section 3(b) hereof, Four Seasons Hotels Inc., an Ontario corporation (the “Company”). Kingdom, Cascade and Triples are referred to herein collectively as the “Shareholders” and each individually as a “Shareholder.”
STANDSTILL AGREEMENTStandstill Agreement • November 5th, 2010 • Cascade Investment LLC • Refuse systems • Delaware
STANDSTILL AGREEMENT (the “Agreement”), dated November 3, 2010, by and among Republic Services, Inc., a Delaware corporation (the “Company”), Cascade Investment, L.L.C. (“Cascade”) and the Bill & Melinda Gates Foundation Trust (the “Trust”).
FUNDING AND COOPERATION AGREEMENTFunding and Cooperation Agreement • November 6th, 2006 • Cascade Investment LLC • Hotels & motels • New York
FUNDING AND COOPERATION AGREEMENT (this “Agreement”), dated as of November 3, 2006, by and among Kingdom Hotels International, a Cayman Islands company (“Kingdom”), Cascade Investment, L.L.C., a Washington limited liability company (“Cascade” and, together with Kingdom, the “Lead Investors”), Triples Holdings Limited, an Ontario corporation (“Triples” and, together with the Lead Investors, the “Investors”), and Isadore Sharp (“Sharp” and, together with Triples, the “Sharp Parties” the Sharp Parties and the Lead Investors are referred to herein as the “Parties”).
STOCKHOLDER AGREEMENTStockholder Agreement • May 7th, 2012 • Cascade Investment LLC • Soap, detergents, cleang preparations, perfumes, cosmetics • Delaware
This Stockholder Agreement, dated as of May 4, 2012 (this “Agreement”), is entered into by and among Cascade Investment, L.L.C., an entity wholly owned by William H. Gates III (“Cascade”), Bill & Melinda Gates Foundation Trust, of which William H. Gates III (“Gates”) and Melinda French Gates are co-trustees (the “Trust” and together with Cascade, the “Cascade Parties” and each, a “Cascade Party”), and Ecolab Inc., a Delaware corporation (the “Company”). This Agreement is intended to establish a means for a long-term investment in the Company by Gates, through Cascade, and the Trust, for the mutual benefit of the parties hereto.
AMENDED AND RESTATED FUNDING AND COOPERATION AGREEMENTFunding and Cooperation Agreement • February 14th, 2007 • Cascade Investment LLC • Hotels & motels • New York
THIS AMENDED AND RESTATED FUNDING AND COOPERATION AGREEMENT (this “Agreement”) is dated as of February 8, 2007 by and among Kingdom Hotels International, a Cayman Islands company (“Kingdom”), Cascade Investment, L.L.C., a Washington limited liability company (“Cascade” and, together with Kingdom, the “Lead Investors”), Triples Holdings Limited, an Ontario corporation (“Triples” and, together with the Lead Investors, the “Investors”), and Isadore Sharp (“Sharp” and, together with Triples, the “Sharp Parties”; the Sharp Parties and the Lead Investors are referred to herein as the “Parties”) and amends and restates that certain Funding and Cooperation Agreement, dated as of November 3, 2006, by and among the Parties, as amended by that certain Amendment No. 1 to Funding and Cooperation Agreement, dated as of December 27, 2006, by that certain Amendment No. 2 to Funding and Cooperation Agreement, dated as of January 19, 2007, and by that certain Amendment No. 3 to Funding and Cooperation A
LIMITED GUARANTYLimited Guaranty • February 14th, 2007 • Cascade Investment LLC • Hotels & motels • Ontario
THIS LIMITED GUARANTY (this “Guaranty”) is made as of February 9, 2007, by each of Kingdom Hotels International, a Cayman Islands company (“Kingdom”), and Cascade Investment, L.L.C., a Washington limited liability company (“Cascade”), in favor of Four Seasons Hotels Inc., a corporation incorporated under the laws of the Province of Ontario (the “Company”). Each of Kingdom and Cascade shall be referred to herein individually as a “Guarantor,” and, together, as the “Guarantors.” With respect to each Guarantor, the other Guarantor hereunder shall be referred to as the “Other Guarantor.”
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • May 7th, 2012 • Cascade Investment LLC • Soap, detergents, cleang preparations, perfumes, cosmetics • Delaware
This REGISTRATION RIGHTS AGREEMENT, dated as of May 4, 2012 (this “Agreement”), is entered into by and among Ecolab Inc., a Delaware corporation (the “Company”), and Cascade Investment, L.L.C. and Bill & Melinda Gates Foundation Trust (each, a “Holder” and together, the “Holders”).
PLAN OF ARRANGEMENT UNDER SECTION 182 OF THE BUSINESS CORPORATIONS ACT (ONTARIO)Cascade Investment LLC • February 14th, 2007 • Hotels & motels
ACQUISITION AGREEMENTAcquisition Agreement • February 14th, 2007 • Cascade Investment LLC • Hotels & motels • Ontario
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • August 23rd, 2001 • Cascade Investment LLC • Security brokers, dealers & flotation companies • New York
This Registration Rights Agreement (this "Agreement") is made and entered into as of August 14, 2001 by and among Cascade Investment LLC, a Washington limited liability company (the "Investor"), and Gabelli Asset Management Inc., a New York corporation (the "Company").
LOCK-UP AGREEMENTLock-Up Agreement • April 21st, 2006 • Cascade Investment LLC • Industrial organic chemicals • Delaware
THIS LOCK-UP AGREEMENT (this “Agreement”), dated as of April 13, 2006, is by and among Pacific Ethanol, Inc., a Delaware corporation (the “Company”), Cascade Investment, L.L.C., a Washington limited liability company (the “Purchaser”), and each of the persons listed on Schedule I hereto (each a “Stockholder”, and, collectively, the “Stockholders”).
NOTE PURCHASE AGREEMENTExecution Copy Note Purchase Agreement • August 23rd, 2001 • Cascade Investment LLC • Security brokers, dealers & flotation companies • Washington
This NOTE PURCHASE AGREEMENT (the "Agreement") is made as of August 10, 2001, by and among Cascade Investment LLC, a Washington limited liability company ("Buyer"), Gabelli Asset Management Inc., a New York corporation ("Seller"), Mario J. Gabelli ("Gabelli"), Gabelli Group Capital Partners, Inc., a New York corporation ("Gabelli Group"), Rye Holdings, Inc., a New York corporation ("Rye Holdings"), and Rye Capital Partners, Inc., a Delaware corporation (collectively with Gabelli, the Gabelli Group and Rye Holdings, the "Gabelli Stockholders").
JOINT FILING AGREEMENTJoint Filing Agreement • August 25th, 2016 • Cascade Investment, L.L.C. • Security brokers, dealers & flotation companies
We, the signatories of the statement to which this Joint Filing Agreement is attached, hereby agree that such statement is filed, and any amendments thereto filed by either or both of us will be filed, on behalf of each of us.
ASSIGNMENT, ASSUMPTION AND RELEASE AGREEMENTAssignment, Assumption and Release Agreement • July 2nd, 2009 • Cascade Investment LLC • Electric services • New York
THIS ASSIGNMENT, ASSUMPTION AND RELEASE AGREEMENT (this “Agreement”), is made and entered into as of June 30, 2009, by and among Otter Tail Corporation, a Minnesota corporation (“Old Otter Tail”), Otter Tail Holding Company, a Minnesota corporation (“Otter Holding”) and Cascade Investment, L.L.C., a Washington limited liability company (“Cascade”). Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned to them in the Note Purchase Agreement defined below, unless the context shall otherwise require.
AMENDMENT NO. 3 TO FUNDING AND COOPERATION AGREEMENTFunding and Cooperation Agreement • February 5th, 2007 • Cascade Investment LLC • Hotels & motels
THIS AMENDMENT NO. 3 TO FUNDING AND COOPERATION AGREEMENT (this “Amendment No. 3”) is dated as of February 2, 2007 by and among Kingdom Hotels International, a Cayman Islands company (“Kingdom”), Cascade Investment, L.L.C., a Washington limited liability company (“Cascade” and, together with Kingdom, the “Lead Investors”), Triples Holdings Limited, an Ontario corporation (“Triples” and, together with the Lead Investors, the “Investors”), and Isadore Sharp (“Sharp” and, together with Triples, the “Sharp Parties” the Sharp Parties and the Lead Investors are referred to herein as the “Parties”) and amends that certain Funding and Cooperation Agreement, dated as of November 3, 2006, by and among the Parties, as amended by that certain Amendment No. 1 to the Funding and Cooperation Agreement, dated as of December 27, 2006, and as amended by that certain Amendment No. 2 to the Funding and Cooperation Agreement, dated as of January 19, 2007 (the “Funding and Cooperation Agreement”).
CONFIDENTIALITY LETTER AGREEMENT [CASCADE INVESTMENT L.L.C. LETTERHEAD]Confidentiality Letter Agreement • November 6th, 2006 • Cascade Investment LLC • Hotels & motels • Delaware
We have expressed to Four Seasons Hotels Inc. (“you” or the “Company”) an interest in exploring the possibility of pursuing a transaction acceptable to the Board of Directors of the Company (the “Transaction”) pursuant to which we, as well as a small number of other long-term investors, might acquire all of the outstanding Limited Voting Shares and Multiple Voting Shares of the Company to assist in the orderly transition of the long-term ownership of the Company and the realization by the shareholders of the Company of an appropriate value for their investments.
AMENDMENT NO. 1 AND JOINDER TO AMENDED AND RESTATED FUNDING AND COOPERATION AGREEMENTFunding and Cooperation Agreement • February 14th, 2007 • Cascade Investment LLC • Hotels & motels • New York
THIS AMENDMENT NO. 1 AND JOINDER TO AMENDED AND RESTATED FUNDING AND COOPERATION AGREEMENT ( this “Amendment No. 1 and Joinder”) is entered into as of February 9, 2007, by and among Kingdom Hotels International, a Cayman Islands company (“Kingdom”), Cascade Investment, L.L.C., a Washington limited liability company (“Cascade”), Triples Holdings Limited, an Ontario corporation (“Triples”), Isadore Sharp (“Sharp”, and together with Kingdom, Cascade, and Triples, the “Original Parties”), and FS Acquisition Corp., a British Columbia corporation (“Acquirer”), and amends that certain Amended and Restated Funding and Cooperation Agreement, dated as of February 8, 2007, by and among the Original Parties (the “Amended and Restated Funding and Cooperation Agreement”).
AMENDMENT NO. 1 TO FUNDING AND COOPERATION AGREEMENTFunding and Cooperation Agreement • December 29th, 2006 • Cascade Investment LLC • Hotels & motels
THIS AMENDMENT NO. 1 TO FUNDING AND COOPERATION AGREEMENT (this “Amendment No. 1”) is dated as of December 27, 2006 by and among Kingdom Hotels International, a Cayman Islands company (“Kingdom”), Cascade Investment, L.L.C., a Washington limited liability company (“Cascade” and, together with Kingdom, the “Lead Investors”), Triples Holdings Limited, an Ontario corporation (“Triples” and, together with the Lead Investors, the “Investors”), and Isadore Sharp (“Sharp” and, together with Triples, the “Sharp Parties” the Sharp Parties and the Lead Investors are referred to herein as the “Parties”) and amends that certain Funding and Cooperation Agreement, dated as of November 3, 2006, by and among the Parties (the “Funding and Cooperation Agreement”).
AMENDMENT NO. 2 TO FUNDING AND COOPERATION AGREEMENTFunding and Cooperation Agreement • January 22nd, 2007 • Cascade Investment LLC • Hotels & motels
THIS AMENDMENT NO. 2 TO FUNDING AND COOPERATION AGREEMENT (this “Amendment No. 2”) is dated as of January 19, 2007 by and among Kingdom Hotels International, a Cayman Islands company (“Kingdom”), Cascade Investment, L.L.C., a Washington limited liability company (“Cascade” and, together with Kingdom, the “Lead Investors”), Triples Holdings Limited, an Ontario corporation (“Triples” and, together with the Lead Investors, the “Investors”), and Isadore Sharp (“Sharp” and, together with Triples, the “Sharp Parties” the Sharp Parties and the Lead Investors are referred to herein as the “Parties”) and amends that certain Funding and Cooperation Agreement, dated as of November 3, 2006, by and among the Parties, as amended by that certain Amendment No. 1 to Funding and Cooperation Agreement, dated as of December 27, 2006 (the “Funding and Cooperation Agreement”).
SHARE ACQUISITION AGREEMENTShare Acquisition Agreement • February 14th, 2007 • Cascade Investment LLC • Hotels & motels • Ontario
WHEREAS as of the date hereof, the Holder is the beneficial owner of 1,984,150 limited voting shares in the capital of the Issuer (each an “Acquired Share” and collectively the “Acquired Shares”);
CONVERTIBLE PROMISSORY NOTECascade Investment LLC • August 23rd, 2001 • Security brokers, dealers & flotation companies
FOR VALUE RECEIVED, the undersigned, GABELLI ASSET MANAGEMENT INC., a New York corporation. ("Gabelli"), promises to pay to the order of CASCADE INVESTMENT LLC, a Washington limited liability company ("Cascade"), or its permitted registered assigns or at such other place or places as the Holder (as defined below) may designate in writing, on August 14, 2011, the principal sum of ONE HUNDRED MILLION and NO/100 DOLLARS ($100,000,000) minus the principal amount converted or sold pursuant to the Put Option (as defined below) or the Change of Control Put Option (as defined below) (such amount, as of any determination date, the "Unpaid Principal Amount") on or before August 14, 2011, and to pay interest thereon from and including August 14, 2001 (the "Issue Date") or from the most recent Interest Payment Date (as defined below) to which interest has been paid or duly provided for, semi-annually on February 14 and August 14 in each year, commencing February 14, 2002, and at Maturity (each, an
