EXHIBIT 10.04 MUTUAL RELEASE AND COVENANT NOT TO SUE -------------------------------------- This Mutual Release and Covenant Not to Sue (the "Release") is made as of the 2nd day of July, 2007 by and between THE SAGEMARK COMPANIES LTD., a New York...Sagemark Companies LTD • July 10th, 2007 • Services-specialty outpatient facilities, nec • New York
Company FiledJuly 10th, 2007 Industry Jurisdiction
BEAR, STEARNS & CO. INC. 383 Madison Avenue New York, NY 10179 Tel (212) 272-2000 www.bearstearns.com September 8, 2006 Trian Fund Management, L.P. 280 Park Avenue New York, NY 10017 Attention: Edward P. Garden Portfolio Manager Sandell Asset...Trian Fund Management, L.P. • September 15th, 2006 • Canned, frozen & preservd fruit, veg & food specialties • New York
Company FiledSeptember 15th, 2006 Industry Jurisdiction
EXHIBIT 1.1 [FORM OF EXCHANGE AGENT AGREEMENT] EXCHANGE AGENT AGREEMENTBank Bradesco • August 5th, 2005 • State commercial banks • New York
Company FiledAugust 5th, 2005 Industry Jurisdiction
221 EAST FOURTH STREET, SUITE 300 CINCINNATI, OH 45202 800.638.8194Touchstone Tax Free Trust • November 1st, 2004 • Ohio
Company FiledNovember 1st, 2004 Jurisdiction
THIS NOTE HAS BEEN ACQUIRED FOR INVESTMENT AND HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 OR THE SECURITIES LAWS OF ANY STATE. THIS NOTE MAY NOT BE SOLD OR TRANSFERRED IN THE ABSENCE OF SUCH REGISTRATION OR AN OPINION OF COUNSEL...Orthometrix Inc • July 29th, 2004 • Laboratory analytical instruments
Company FiledJuly 29th, 2004 Industry
THIS NOTE HAS BEEN ACQUIRED FOR INVESTMENT AND HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 OR THE SECURITIES LAWS OF ANY STATE. THIS NOTE MAY NOT BE SOLD OR TRANSFERRED IN THE ABSENCE OF SUCH REGISTRATION OR AN OPINION OF COUNSEL...Orthometrix Inc • May 17th, 2004 • Laboratory analytical instruments
Company FiledMay 17th, 2004 Industry
THIS NOTE HAS BEEN ACQUIRED FOR INVESTMENT AND HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 OR THE SECURITIES LAWS OF ANY STATE. THIS NOTE MAY NOT BE SOLD OR TRANSFERRED IN THE ABSENCE OF SUCH REGISTRATION OR AN OPINION OF COUNSEL...Orthometrix Inc • March 25th, 2004 • Laboratory analytical instruments
Company FiledMarch 25th, 2004 Industry
221 EAST FOURTH STREET, SUITE 300 CINCINNATI, OH 45202 800.638.8194Touchstone Strategic Trust • March 5th, 2004 • Ohio
Company FiledMarch 5th, 2004 Jurisdiction
AMENDMENT NO. 18 TO FINANCING AGREEMENTSPny Technologies Inc • February 4th, 2004 • Computer peripheral equipment, nec • New York
Company FiledFebruary 4th, 2004 Industry Jurisdiction
EXHIBIT 10.7.1 THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY APPLICABLE STATE SECURITIES LAWS AND ACCORDINGLY MAY NOT BE SOLD, TRANSFERRED OR OTHERWISE DISPOSED OF IN THE ABSENCE OF AN EFFECTIVE REGISTRATION...Bakers Footwear Group Inc • December 4th, 2003 • Retail-shoe stores • Missouri
Company FiledDecember 4th, 2003 Industry Jurisdiction
PROMISSORY NOTE (MEZZANINE LOAN)Skilled Healthcare Group Inc • November 14th, 2003 • Services-skilled nursing care facilities
Company FiledNovember 14th, 2003 Industry
RAKO CAPITAL CORPORATION TWO NORTH COLLEGE AVENUE FAYETTEVILLE, ARKANSAS 72701 December 30, 2002 Osprey Investments II, Inc. 1050 Riverside Avenue Jacksonville, FL 32204 Attn. D. Robert Murphy, Jr., President Re: Contribution of Shares Gentlemen: By...Osprey Investments Ii Inc • January 8th, 2003 • Blank checks • Nevada
Company FiledJanuary 8th, 2003 Industry Jurisdiction
Exhibit 10.1 As of February 19, 2002 Ultralife Batteries, Inc. 2000 Technology Parkway Newark, NY 14513 Ultralife Batteries (UK) Ltd. 18 Nuffield Way Abingdon, Oxfordshire, OX 14 1TG England Re: Fourth Amendment to Financing Agreements ("Amendment")...Ultralife Batteries Inc • May 14th, 2002 • Miscellaneous electrical machinery, equipment & supplies
Company FiledMay 14th, 2002 Industry
November 16, 2001 Richard L. Mauro 346 Lands Mill Marietta, GA 30067 Re: Separation from Telemate.Net, Inc. Dear Rich: In accordance with our recent discussions, the following shall constitute our agreement ("Agreement") regarding your termination of...Verso Technologies Inc • April 1st, 2002 • Services-computer integrated systems design
Company FiledApril 1st, 2002 IndustryIn accordance with our recent discussions, the following shall constitute our agreement ("Agreement") regarding your termination of employment from Telemate.Net, Inc., effective November 23, 2001 (the "Effective Date").
Manpower Inc. 5301 North Ironwood Road Milwaukee, Wisconsin 53217Manpower Inc /Wi/ • April 1st, 2002 • Services-help supply services
Company FiledApril 1st, 2002 Industry
AMENDED AND RESTATED PROMISSORY NOTE (Term Loan)United American Healthcare Corp • February 14th, 2002 • Insurance agents, brokers & service
Company FiledFebruary 14th, 2002 Industry
WESTERN DIGITAL LOGO] Western Digital Corporation 20511 Lake Forest Drive Lake Forest, CA 92630 Tel: 949.672.9619 July 5, 2001 Ms. Teresa A. Hopp 26711 Corsica Road Mission Viejo CA 92692 Dear Terry: This letter, when signed by you, constitutes the...Western Digital Corp • September 27th, 2001 • Computer storage devices • California
Company FiledSeptember 27th, 2001 Industry Jurisdiction
May 1, 2001 Xybernaut Corporation 12701 Fair Lakes Circle Fairfax, VA 22033 Dear Steve: The purpose of this letter is to confirm the understanding and agreement (this "Agreement") by and between Atlas Capital Services, Inc. ("Atlas Capital Services")...Xybernaut Corp • May 9th, 2001 • Computer communications equipment • New York
Company FiledMay 9th, 2001 Industry Jurisdiction
EXHIBIT 10.2 REVOLVING CREDIT NOTE --------------------- $__________________ Dallas, Texas February 27, 2001 FOR VALUE RECEIVED, the undersigned, CellStar Corporation, a Delaware corporation ("Maker"), hereby promises to pay to the order of...Cellstar Corp • April 12th, 2001 • Wholesale-electronic parts & equipment, nec • Texas
Company FiledApril 12th, 2001 Industry JurisdictionThis Note is given in amendment, restatement and modification (but not in extinguishment or novation) of the indebtedness evidenced by that certain Revolving Credit Note dated August 2, 1999, executed by Maker and payable to the order of Payee in the stated principal amount of $________, which Revolving Credit Note was given in amendment, restatement and modification (but not extinguishment or novation) of the indebtedness evidenced by that certain Revolving Credit Note dated October 15, 1997, executed by maker and payable to the order of Payee in the stated principal amount of $__________.
October 27, 2000 Mr. Robert A. Cornog Chairman, President and Chief Executive Officer Snap-on Incorporated 10801 Corporate Drive P. O. Box 1430 Kenosha, WI 53141-1430 Re: Retention and Recognition Agreement Dear Bob: You have indicated your desire to...Snap on Inc • March 19th, 2001 • Instruments for meas & testing of electricity & elec signals
Company FiledMarch 19th, 2001 Industry
DEED OF COVENANTCiba Specialty Chemicals Holding Inc /Fi/ • February 21st, 2001 • England
Company FiledFebruary 21st, 2001 Jurisdiction
ROBOCOM SYSTEMS INTERNATIONAL INC. EXHIBIT 10.19 PROMISSORY NOTERobocom Systems International Inc • September 26th, 2000 • Services-computer integrated systems design
Company FiledSeptember 26th, 2000 IndustryFOR VALUE RECEIVED, the undersigned maker, ROBOCOM SYSTEMS INTERNATIONAL INC., a New York corporation (the "Borrower"), hereby unconditionally promises to pay to order of Lawrence B. Klein, an individual residing at 2378 Aron Drive East, Seaford, New York 11783 (the "Lender"), at such account of the Lender as the Lender may designate in writing from time to time, the outstanding principal amount of (a) FIFTY THOUSAND DOLLARS ($50,000.00), or, if less (b) the aggregate unpaid principal amount of all loans made by the Lender to the Borrower pursuant to the letter agreement dated September 19, 2000 (the "Agreement") between the Lender and the Borrower, in same day funds in a single installment on September 19, 2001 (the "Maturity Date").
GUARANTY --------Espos Inc • April 12th, 2000 • California
Company FiledApril 12th, 2000 JurisdictionFor value received, the undersigned ("Guarantor") hereby enters into this Guaranty ("Guaranty") and unconditionally endorses, guarantees and promises to pay to Excellon Automation Co. ("Excellon") the amounts set forth in tat certain Excellon Lease Agreement (the "Agreement") dated May 15, 1998 by and between Excellon and Performance Interconnect, Inc. ("Obligor") and all extensions and renewals of the Agreement and all expenses, including reasonable attorneys' fees, incurred in collecting the Agreement or enforcing this Guaranty, or both.
RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO Name Berg & Berg Enterprises, LLC Street 10050 Bandley Drive Address City,State, Zip Cupertino, CA 95014 Order No. --------------------------------------------------------------------- ----------- DEED...Mission West Properties Inc • March 30th, 2000 • Operators of nonresidential buildings
Company FiledMarch 30th, 2000 Industry
1 The undersigned, John J. Perrotti (the "Stockholder"), hereby acknowledges that, concurrently with the execution and delivery of this agreement, James S. Gleason, certain other members of the management of Gleason Corporation (the "Company") and...Gleason Reporting Group • December 9th, 1999 • Machine tools, metal cutting types
Company FiledDecember 9th, 1999 Industry
1 EXHIBIT 10.3 REVOLVING CREDIT NOTEGolden Pharmaceuticals Inc • April 30th, 1999 • In vitro & in vivo diagnostic substances
Company FiledApril 30th, 1999 Industry
PROMISSORY NOTE B]Schlotzskys Inc • April 1st, 1999 • Retail-eating places
Company FiledApril 1st, 1999 Industry
May 18, 1998National Energy Group Inc • March 31st, 1999 • Crude petroleum & natural gas • Texas
Company FiledMarch 31st, 1999 Industry Jurisdiction
RECITALSBrookdale Living Communities Inc • January 6th, 1999 • Services-nursing & personal care facilities
Company FiledJanuary 6th, 1999 Industry
DEALER SELLING AGREEMENT FOR SHARES OF THE PRINCIPAL FAMILY OF MUTUAL FUNDSPrincipal Utilities Fund Inc /Md/ • December 30th, 1998 • Iowa
Company FiledDecember 30th, 1998 Jurisdiction
1 EXHIBIT 4.05 COMMERCIAL REVOLVING NOTE (SECURED) People's BankMarine Management Systems Inc • April 15th, 1998 • Services-computer programming services
Company FiledApril 15th, 1998 Industry
AMENDMENT NO. 4Plastic Specialties & Technologies Inc • November 19th, 1997 • Tires & inner tubes • New York
Company FiledNovember 19th, 1997 Industry Jurisdiction
UNSECURED NOTE NO.2 $29,681,000.00 Atlanta, Georgia August 13, 1997 PPN 36241# FOR VALUE RECEIVED, the undersigned, GABLES REALTY LIMITED PARTNERSHIP, a Delaware limited partnership (herein, together with its successors and assigns, "GRLP'), and...Gables Residential Trust • November 14th, 1997 • Real estate investment trusts
Company FiledNovember 14th, 1997 Industry
GUARANTYCaterair International Inc /Ii/ • October 9th, 1997 • Retail-eating places • New York
Company FiledOctober 9th, 1997 Industry Jurisdiction
LOGO OF THE EASTWIND GROUP, INC.] PERSONAL AND CONFIDENTIAL ------------------------- June 20, 1997 Mr. John R. Thach 122 Lenape Drive Berwyn, PA 19312 Dear John: The purpose of this letter is to reach an agreement between you and Eastwind, whereby...Eastwind Group Inc • August 18th, 1997 • Plastics products, nec
Company FiledAugust 18th, 1997 Industry