Acknowledgement Agreement Sample Contracts

Lender Acknowledgement Agreement (October 23rd, 2018)

THIS LENDER ACKNOWLEDGEMENT AGREEMENT dated as of October 18, 2018 (this "Agreement") is by and among LGI Homes, Inc., a Delaware corporation (the "Borrower"), Wells Fargo Bank, National Association, as an Increasing Lender (as defined below) and as Administrative Agent (the "Administrative Agent"), Fifth Third Bank, U.S. Bank National Association d/b/a Housing Capital Company, Bank of America, N.A., BMO Harris Bank N.A., Compass Bank, Flagstar Bank, FSB, Deutsche Bank AG New York Branch, ZB, N.A. dba Amegy Bank, Associated Bank, National Association, Academy Bank, N.A., and Sunflower Bank, N.A. (individually, and collectively, as the context may suggest or require, the "Increasing Lender"). Capitalized terms used herein but not otherwise defined herein shall have the meanings provided in the Credit Agreement referenced herein.

Lender Acknowledgement Agreement (March 3rd, 2017)

THIS LENDER ACKNOWLEDGEMENT AGREEMENT dated as of February 28, 2017 (this "Agreement") is by and among LGI Homes, Inc., a Delaware corporation (the "Borrower"), Wells Fargo Bank, National Association, as Administrative Agent (the "Administrative Agent"), and Flagstar Bank, FSB (the "Increasing Lender"). Capitalized terms used herein but not otherwise defined herein shall have the meanings provided in the Credit Agreement referenced herein.

Lender Addition and Acknowledgement Agreement (January 4th, 2017)

THIS LENDER ADDITION AND ACKNOWLEDGEMENT AGREEMENT dated as of December 28, 2016 (this "Agreement") is by and among LGI Homes, Inc., a Delaware corporation (the "Borrower"), Wells Fargo Bank, National Association, as Administrative Agent (the "Administrative Agent"), and Texas Capital Bank, National Association (the "Additional Lender"). Capitalized terms used herein but not otherwise defined herein shall have the meanings provided in the Credit Agreement referenced herein.

REVENUE.COM Corp – Acknowledgement Agreement by and Among World Media Group LLC, Virurl, Inc. And Revenue.com Corporation (January 16th, 2015)

This Acknowledgement Agreement by and among World Media Group LLC (World), Virurl, Inc (VirURL) and Revenue.com Corporation (Revenue) is entered into as of April 29, 2014. Unless otherwise defined herein, capitalized words used herein shall have the same meaning as ascribed to them in the Domain Contribution Agreement between World and VirURL dated September 19, 2013 (the Domain Contribution Agreement). World, VirURL and Revenue are collectively referred to as the Parties and individually a Party.

California Resources Corp – Bonus Acknowledgement Agreement (September 22nd, 2014)

This Bonus Acknowledgement Agreement (this Agreement) is made and entered into this 17th day of September, 2014 (the Effective Date), by and between Occidental Petroleum Corporation, a Delaware corporation (Occidental), and William E. Albrecht (the Executive). Occidental and the Executive are individually referred to as a Party and collectively as the Parties.

Big Lots Executive Severance Plan and Summary Plan Description Acknowledgement & Agreement (September 4th, 2014)

The undersigned employee (the "Employee") of a subsidiary or an affiliate of Big Lots, Inc. (the "Employer"), in consideration for being offered eligibility to participate in the Big Lots Executive Severance Plan (the "Plan") and Summary Plan Description, hereby acknowledges and agrees that:

Lender Addition and Acknowledgement Agreement (August 18th, 2014)

LENDER ADDITION AND ACKNOWLEDGEMENT AGREEMENT, dated as of August 12, 2014 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, this Agreement), is entered into by and among the Incremental Term Lender party hereto (the Incremental Term 1 Lender), ACI WORLDWIDE, INC. (the Borrower), the other Credit Parties party hereto, WELLS FARGO BANK, NATIONAL ASSOCIATION (Wells Fargo), as Administrative Agent (in such capacity, the Administrative Agent) with BANK OF AMERICA, N.A. as Lead Arranger (in such capacity, the Incremental Term 1 Lead Arranger).

1st Financial Services CORP – Amendment and Acknowledgement Agreement (October 15th, 2013)
1st Financial Services CORP – Amendment and Acknowledgement Agreement (October 15th, 2013)
1st Financial Services CORP – Amendment and Acknowledgement Agreement (October 15th, 2013)
1st Financial Services CORP – Amendment and Acknowledgement Agreement (October 15th, 2013)
Innovus Pharmaceuticals, Inc. – Acknowledgement Agreement (March 19th, 2013)

THIS ACKNOWLEDGEMENT AGREEMENT is made and entered into as of March 11, 2013, by and between Vivian Liu (the "Executive") and Innovus Pharmaceuticals, Inc., a Nevada corporation (the "Company"), (the "Agreement"). The Company and Executive may each be referred to herein as a "Party" or together as the "Parties."

Commonwealth Biotechnologies, Inc. – First Modification, Waiver and Acknowledgement Agreement (September 2nd, 2009)

This First Modification, Waiver and Acknowledgement Agreement (Agreement) dated as of August 29, 2009 is entered into by and among Commonwealth Biotechnologies Inc., a Virginia corporation (the Company) and Fornova Pharmaworld, Ltd (Fornova) the Note Holder identified on the signature page.

Commonwealth Biotechnologies, Inc. – Second Modification, Waiver and Acknowledgement Agreement (July 14th, 2009)

This Second Modification, Waiver and Acknowledgement Agreement (Agreement) dated as of June 30, 2009 is entered into by and among Commonwealth Biotechnologies Inc., a Virginia corporation (the Company) and the subscribers identified on the signature page hereto (each herein a Subscriber and collectively Subscribers or the Parties).

First Sentry Bancshares, Inc. – Acknowledgement Agreement (February 3rd, 2009)

I, Marshall E. Cartwright ("Executive"), am a party to an employment agreement with Guaranty Bank & Trust Co. ("Guaranty Bank") dated as of December 31, 2003 (the "Employment Agreement"). Guaranty Financial Services, Inc. ("Guaranty Financial"), the holding company of Guaranty Bank, has entered into a merger agreement with First Sentry Bancshares, Inc. ("First Sentry Bancshares") dated as of August 22, 2008 (the "Merger Agreement"), pursuant to which Guaranty Financial will be merged into First Sentry Bancshares, and thereafter the separate corporate existence of Guaranty Financial will cease. Under Section 4(e) of the Employment Agreement, following a change in control of Guaranty Financial or Guaranty Bank, I am entitled to receive a continuation of salary and benefits for the longer of the remaining term of the Employment Agreement, or 3 years, provided, however, that pursuant to Section 7.8.2 of the Merger Agreement, such amount is subject to reduction in order to avoid an excess

First Sentry Bancshares, Inc. – Acknowledgement Agreement (February 3rd, 2009)

I, Victoria Ballengee ("Executive"), am a party to an employment agreement with Guaranty Bank & Trust Co. ("Guaranty Bank") dated as of December 31, 2006 (the "Employment Agreement"). Guaranty Financial Services, Inc. ("Guaranty Financial"), the holding company of Guaranty Bank, has entered into a merger agreement with First Sentry Bancshares, Inc. ("First Sentry Bancshares") dated as of August 22, 2008 (the "Merger Agreement"), pursuant to which Guaranty Financial will be merged into First Sentry Bancshares, and thereafter the separate corporate existence of Guaranty Financial will cease. Under Section 4(e) of the Employment Agreement, following a change in control of Guaranty Financial or Guaranty Bank, I am entitled to receive a continuation of salary and benefits for the longer of the remaining term of the Employment Agreement, or 3 years, provided, however, that pursuant to Section 7.8.2 of the Merger Agreement, such amount is subject to reduction in order to avoid an excess par

First Sentry Bancshares, Inc. – Acknowledgement Agreement (February 3rd, 2009)

I, Larry E. Plantz ("Executive"), am a party to an employment agreement with Guaranty Bank & Trust Co. ("Guaranty Bank") dated as of December 31, 2003 (the "Employment Agreement"). Guaranty Financial Services, Inc. ("Guaranty Financial"), the holding company of Guaranty Bank, has entered into a merger agreement with First Sentry Bancshares, Inc. ("First Sentry Bancshares") dated as of August 22, 2008 (the "Merger Agreement"), pursuant to which Guaranty Financial will be merged into First Sentry Bancshares, and thereafter the separate corporate existence of Guaranty Financial will cease. Under Section 4(e) of the Employment Agreement, following a change in control of Guaranty Financial or Guaranty Bank, I am entitled to receive a continuation of salary and benefits for the longer of the remaining term of the Employment Agreement, or 3 years, provided, however, that pursuant to Section 7.8.2 of the Merger Agreement, such amount is subject to reduction in order to avoid an excess parach

First Sentry Bancshares, Inc. – Acknowledgement Agreement (February 3rd, 2009)

I, Marc A. Sprouse ("Executive"), am a party to an employment agreement with Guaranty Bank & Trust Co. ("Guaranty Bank") dated as of December 31, 2003 (the "Employment Agreement"). Guaranty Financial Services, Inc. ("Guaranty Financial"), the holding company of Guaranty Bank, has entered into a merger agreement with First Sentry Bancshares, Inc. ("First Sentry Bancshares") dated as of August 21, 2008 (the "Merger Agreement"), pursuant to which Guaranty Financial will be merged into First Sentry Bancshares, and thereafter the separate corporate existence of Guaranty Financial will cease. Under Section 4(f) of the Employment Agreement, following a change in control of Guaranty Financial or Guaranty Bank, I am entitled to receive a continuation of salary and benefits for the longer of the remaining term of the Employment Agreement, or 3 years, provided, however, that pursuant to Section 7.8.2 of the Merger Agreement, such amount is subject to reduction in order to avoid an excess parach

Commonwealth Biotechnologies, Inc. – Modification, Waiver and Acknowledgement Agreement (September 24th, 2008)

This Modification, Waiver and Acknowledgement Agreement (Agreement) dated as of September 18, 2008 is entered into by and among Commonwealth Biotechnologies Inc., a Virginia corporation (the Company) and the subscribers identified on the signature page hereto (each herein a Subscriber and collectively Subscribers or the Parties).

Liberty Star Uranium & Metals Corp. – Third Modification, Waiver and Acknowledgement Agreement (September 3rd, 2008)

This Third Modification, Waiver and Acknowledgement Agreement (Agreement) dated as of August 27, 2008 is entered into by and among Liberty Star Uranium & Metals Corp., a Nevada corporation (the Company) and the subscribers identified on the signature page hereto (each herein a Subscriber and collectively Subscribers or the Parties).

Master Assignment, Assumption and Acknowledgement Agreement (July 1st, 2008)

This MASTER ASSIGNMENT, ASSUMPTION AND ACKNOWLEDGEMENT AGREEMENT (this Agreement), dated as of the 30th day of June, 2008, by and between Equitable Resources, Inc., a Pennsylvania corporation formed in 1926 (Assignor) and Equitable Resources, Inc., a Pennsylvania corporation formed in 2008 to effect a holding company reorganization of Assignor, (Assignee).

First Amendment to Credit Agreement and Lender Addition and Acknowledgement Agreement (June 26th, 2008)

THIS FIRST AMENDMENT TO CREDIT AGREEMENT AND LENDER ADDITION AND ACKNOWLEDGEMENT AGREEMENT (this Agreement) is made and entered into as of this 23rd day of June, 2008 by and among BLACKBAUD, INC., a Delaware corporation (the Borrower), the Subsidiaries thereof party hereto, as guarantors (the Guarantors), the banks and other financial institutions party hereto, as lenders (the Increasing Revolving Lenders) and WACHOVIA BANK, NATIONAL ASSOCIATION, as Administrative Agent on behalf of the Lenders (the Administrative Agent).

American Color Graphics Inc – Acknowledgement Agreement (March 7th, 2008)

This ACKNOWLEDGEMENT AGREEMENT (Agreement), dated as of March 3, 2008 is entered into by and among BANK OF AMERICA, N.A., as Senior Agent (as defined below), SPECIAL SITUATIONS INVESTING GROUP, INC., as administrative agent and collateral agent under the Bridge Facility Agreement (as defined below), THE BANK OF NEW YORK TRUST COMPANY, N.A., as trustee and collateral agent under the Indenture referred to below, and AMERICAN COLOR GRAPHICS, INC., a New York corporation (the Borrower).

Dpac Technologies – Acknowledgement Agreement (February 5th, 2008)

This ACKNOWLEDGEMENT AGREEMENT (herein called the Agreement) is entered into as of January 31, 2008, by and between CANAL MEZZANINE PARTNERS, L.P., 1737 Georgetown Road, Suite A, Hudson, Ohio 44236 (herein called the Purchaser) and DEVELOPMENT CAPITAL VENTURE, L.P., Virginia Gateway Professional Building, 7500 Iron Bar Lane, Suite 209, Gainesville, VA with mailing address of P.O. Box 399, Catharpin, VA 20143-0399 (herein called DCV).

Dpac Technologies – Acknowledgement Agreement (February 5th, 2008)

This ACKNOWLEDGEMENT AGREEMENT (herein called the Agreement) is entered into as of January 30, 2008, by and between FIFTH THIRD BANK, 121 South Main Street, Akron, Ohio 44308 (herein called Bank) and DEVELOPMENT CAPITAL VENTURE, L. P., Virginia Gateway Professional Building, 7500 Iron Bar Lane, Suite 209 ,Gainesville, VA with mailing address of PO Box 399, Catharpin, VA 20143-0399 (herein called DCV).

Acknowledgement Agreement (December 10th, 2007)

This Acknowledgement Agreement (Agreement) is entered into by and between Alfred Chuang and BEA Systems, Inc., a Delaware corporation (BEA) (collectively, Parties):

Thornburg Mortgage Securities Trust 2007-5 – Sub-Servicing Acknowledgement Agreement (November 14th, 2007)

THIS SUB-SERVICING ACKNOWLEDGEMENT AGREEMENT, dated as of March 1, 2002 (the "Agreement"), is between THORNBURG MORTGAGE HOME LOANS, INC., a Delaware corporation ("TMHL") as servicer ("the Servicer") and CENLAR FSB, a federal savings bank ("Cenlar"), as sub-servicer (the "Sub-Servicer"):

Deep Well Oil & Gas – Farmout Acknowledgement Agreement (February 23rd, 2007)

WHEREAS Deep Well Oil and Gas, Inc. (herein "Deep Well"), Northern Alberta Oil Ltd. (herein "Northern") (herein Deep Well and Northern collectively referred to as the "Farmors"), Surge Global Energy, Inc. ("Surge U.S.") and Surge Global Energy (Canada), Ltd. (the "Farmee") have entered into a farmout agreement dated February 25, 2005, as amended effective November 1, 2005 (the "Farmout Agreement") with respect to those leases and lands described in Schedule "A" to the Farmout Agreement (known as the Sawn Lake oil sands property);

Moventis Capital Inc – Acknowledgement Agreement (February 20th, 2007)

This ACKNOWLEDGEMENT AGREEMENT (Acknowledgement Agreement) is entered into as of December 18, 2006 by and among MOVENTIS CAPITAL, INC., a corporation formed under the laws of the State of Delaware (Moventis), and STEVE PASQUAN Lender)

Moventis Capital Inc – Acknowledgement Agreement (November 29th, 2006)

This ACKNOWLEDGEMENT AGREEMENT (Acknowledgement Agreement) is entered into as of November ____, 2006 by and among MOVENTIS CAPITAL, INC., a corporation formed under the laws of the State of Delaware (the Parent), PTL ACQUISITION CORP., a wholly-owned subsidiary of the Parent organized under the laws of the Province of British Columbia (the Buyer), PTL ELECTRONICS LTD., a corporation organized under the laws of the Province of British Columbia (PTL), and ALBION SERVICES LTD., DR GRATIO TSANG in trust for THE TSANG FAMILY TRUST, CENTURY I HOLDINGS INC., DAVID MCALPINE, PAUL HEATHCOTE, GUNDYCO ITF MARILYN LEE/ANTHONY LEE and MARILYN LEE (collectively, the Securityholders). The Parent, the Buyer, PTL and the Securityholders are referred to collectively herein as the Parties.

Partial Release and Acknowledgement Agreement (November 14th, 2006)

This Partial Release and Acknowledgment Agreement (the Agreement) is entered into as of September 27, 2006, by and among (i) SILICON VALLEY BANK, a California chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (SVB), (ii) ASPEN TECHNOLOGY, INC., a Delaware corporation with offices at Ten Canal Park, Cambridge, Massachusetts 02141, for itself and as successor by merger to ASPENTECH, INC., formerly a Texas corporation with offices at Ten Canal Park, Cambridge, Massachusetts 02141( Borrower), and the parties who have executed this Agreement, as evidenced by their signature below (each a Party, and collectively, the Parties).

Sirion Holdings, Inc. – Termination and Acknowledgement Agreement (September 18th, 2006)

By their respective signatures, the undersigned hereby agree and acknowledge that the notes set forth below, any modifications or amendments or renewals thereof, and any and all rights and interests of each of the undersigned with respect thereto, shall be terminated and shall have no further effect as of the Closing (as defined in that certain Series A Stock Purchase Agreement, dated on or about the date hereof, by and among Tenby Pharma, Inc., a Delaware corporation (Tenby) and the purchasers signatory thereto):

Partial Release and Acknowledgement Agreement (June 20th, 2005)

This Partial Release and Acknowledgment Agreement (the Agreement) is entered into as of June 15, 2005, by and among (i) SILICON VALLEY BANK, a California chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (SVB), (ii) ASPEN TECHNOLOGY, INC., a Delaware corporation with offices at Ten Canal Park, Cambridge, Massachusetts 02141 and (iii) ASPENTECH, INC., a Texas corporation with offices at Ten Canal Park, Cambridge, Massachusetts 02141 (jointly and severally, individually and collectively, Borrower), and the parties who have executed this Agreement, as evidenced by their signature below (each a Party, and collectively, the Parties).

Acknowledgement Agreement (June 8th, 2005)

THIS ACKNOWLEDGEMENT AGREEMENT, dated as of June 7, 2005 (the Agreement), is made and entered into by COMPUCREDIT CORPORATION, a Georgia corporation (CCRT), in favor of MIDLAND FUNDING LLC, a Delaware limited liability company (the Buyer). Except as otherwise defined herein, capitalized terms used herein but not defined shall have the respective meanings given to them in that certain Asset Purchase and Forward Flow Agreement, dated June 2, 2005, between Jefferson Capital Systems, LLC (Seller) and Buyer (the Purchase Agreement).

Noteholder Acknowledgement Agreement (March 12th, 2004)

This ACKNOWLEDGEMENT AGREEMENT, dated as of February 15, 2004, by and among (i) BUTLER MANUFACTURING COMPANY (the Company), (ii) the undersigned holders of the 1994 Notes (as constituted from time to time, the 1994 Noteholders), (iii) the undersigned holders of the 1998 Notes (as constituted from time to time, the 1998 Noteholders), and (iv) the undersigned holders of the 2001 Notes (as constituted from time to time, the 2001 Noteholders, and together with the 1994 Noteholders and the 1998 Noteholders, the Noteholders).