Exhibit 10.11 FIRST MODIFICATION AGREEMENT This FIRST MODIFICATION AGREEMENT (hereinafter the "Modification") dated as of May 28, 2004, by and between FIVE STAR GROUP, INC., a corporation of the State of Delaware with its principal corporate place of...First Modification Agreement • March 31st, 2005 • Five Star Products Inc • Wholesale-hardware & plumbing & heating equipment & supplies
Contract Type FiledMarch 31st, 2005 Company Industry
AMENDED AND RESTATED FIRST MODIFICATION AGREEMENTFirst Modification Agreement • July 1st, 2010 • Hudson Pacific Properties, Inc. • Real estate • California
Contract Type FiledJuly 1st, 2010 Company Industry JurisdictionThis AMENDED AND RESTATED FIRST MODIFICATION AGREEMENT (this “First Modification Agreement”) is dated as of June 29,2010, to become effective as of the Modification Closing Date (as defined below), by and between SUNSET BRONSON ENTERTAINMENT PROPERTIES, LLC, a Delaware limited liability company (“Borrower”) and WELLS FARGO BANK, N.A., successor-in-interest to Wachovia Bank, N.A., a national banking association, as administrative agent for the Lenders (in such capacity, “Agent”), and WELLS FARGO BANK, N.A., successor-in-interest to Wachovia Bank, N.A., a national banking association, as a Lender (in such capacity, “WFB”), under the Loan Agreement referred to below, and with reference to the following facts:
FIRST MODIFICATION AGREEMENT (LIVERMORE/PARCEL 6)First Modification Agreement • August 28th, 2008 • Lam Research Corp • Special industry machinery, nec • Illinois
Contract Type FiledAugust 28th, 2008 Company Industry JurisdictionThis FIRST MODIFICATION AGREEMENT (LIVERMORE/PARCEL 6) (this “Amendment”), dated as of April 3, 2008 (the “Amendment Date”), is made by and between BNP PARIBAS LEASING CORPORATION (“BNPPLC”), a Delaware corporation, and LAM RESEARCH CORPORATION (“LRC”), a Delaware corporation.
FIRST MODIFICATION AGREEMENTFirst Modification Agreement • March 17th, 2004 • Tampa Electric Co • Electric services
Contract Type FiledMarch 17th, 2004 Company IndustryThis FIRST MODIFICATION AGREEMENT (the “First Modification”), dated as of March 12, 2004, by and among STATE STREET BANK AND TRUST COMPANY OF CONNECTICUT, NATIONAL ASSOCIATION, a national banking association, solely as Trustee of GTC CONNECTICUT STATUTORY TRUST, a Connecticut statutory trust (the “Shipowner”), FLEET CAPITAL CORPORATION, a Rhode Island corporation (the “Owner Participant”), TECO OCEAN SHIPPING, INC., formerly Gulfcoast Transit Company, a Florida corporation (as demise charterer of the Vessels, the “Charterer”), and TECO ENERGY, INC (“TECO Energy”). and TECO TRANSPORT CORPORATION (“TECO Transport”), each a Florida corporation (the “Guarantors”; the Charterer and the Guarantors being hereinafter sometimes collectively referred to as the “Obligors”).
FIRST MODIFICATION AGREEMENTFirst Modification Agreement • March 17th, 2004 • Tampa Electric Co • Electric services
Contract Type FiledMarch 17th, 2004 Company IndustryThis FIRST MODIFICATION AGREEMENT (the “First Modification”), dated as of March 28, 2003, by and among STATE STREET BANK AND TRUST COMPANY OF CONNECTICUT, NATIONAL ASSOCIATION, a national banking association, solely as Trustee of TTC TRUST, LTD., a Connecticut statutory trust (the “Shipowner”), GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (the “Initial Owner Participant”), TECO OCEAN SHIPPING, INC. and TECO BARGE LINE, INC., each a Florida corporation (as demise charterers of the Vessels, the “Charterer” or “Charterers”), TECO ENERGY, INC. and TECO TRANSPORT CORPORATION, each a Florida corporation (each a “Guarantor” and collectively the “Guarantors”; the Charterers and the Guarantors being hereinafter sometimes collectively referred to as the “Obligors”).
FIRST MODIFICATION AGREEMENTFirst Modification Agreement • July 10th, 2020 • Franklin Covey Co • Services-management services • Utah
Contract Type FiledJuly 10th, 2020 Company Industry JurisdictionThis FIRST MODIFICATION AGREEMENT (the “Agreement”) is made effective as of July 8, 2020, by and among FRANKLIN COVEY CO., a Utah corporation (“Borrower”), each undersigned Guarantor (together with Borrower, each a “Loan Party” and collectively, the “Loan Parties”), and JPMORGAN CHASE BANK, N.A., a national banking association (“Lender”).
FIRST MODIFICATION AGREEMENTFirst Modification Agreement • October 1st, 2008 • Behringer Harvard Short Term Opportunity Fund I Lp • Operators of nonresidential buildings • Texas
Contract Type FiledOctober 1st, 2008 Company Industry JurisdictionTHIS FIRST MODIFICATION AGREEMENT (this “Agreement”) is entered into as of this day of September, 2008 (the “Effective Date”), by and between Credit Union Liquidity Services, LLC, a Texas limited liability company (formerly known as Texans Commercial Capital, LLC, a Texas limited liability company) (“Lender”), and Behringer Harvard Mountain Village, LLC (“Borrower”), a Colorado limited liability company. Behringer Harvard Short-Term Opportunity Fund I LP, a Texas limited partnership (“Guarantor”), as a guarantor, executes this Agreement to evidence its consent to and agreement with the terms and provisions contained herein.
FIRST MODIFICATION AGREEMENTFirst Modification Agreement • September 26th, 2011 • Utah Medical Products Inc • Surgical & medical instruments & apparatus • Utah
Contract Type FiledSeptember 26th, 2011 Company Industry JurisdictionFor good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Borrower and Lender agree as follows:
FIRST MODIFICATION AGREEMENT (1299 ORLEANS)First Modification Agreement • June 24th, 2008 • NetApp, Inc. • Computer storage devices
Contract Type FiledJune 24th, 2008 Company IndustryThis FIRST MODIFICATION AGREEMENT (1299 ORLEANS) (this “Amendment”), dated as of April 9, 2008 (the “Amendment Date”), is made by and between BNP PARIBAS LEASING CORPORATION (“BNPPLC”), a Delaware corporation, and NETAPP, INC. (“NAI”), a Delaware corporation which is a successor by merger to Network Appliance, Inc.
FIRST MODIFICATION AGREEMENTFirst Modification Agreement • November 14th, 2001 • E Loan Inc • Mortgage bankers & loan correspondents • Delaware
Contract Type FiledNovember 14th, 2001 Company Industry JurisdictionTHIS FIRST MODIFICATION AGREEMENT (the "Agreement") is made as of the 1st day of November, 2001, by and among E-LOAN, INC. (the "Borrower"), and GMAC Bank, a federal saving bank (the "Lender").
FIRST MODIFICATION AGREEMENT OF NOTE AND SECURITY DEEDFirst Modification Agreement • January 20th, 2015 • Roberts Realty Investors Inc • Real estate investment trusts • Georgia
Contract Type FiledJanuary 20th, 2015 Company Industry JurisdictionTHIS FIRST MODIFICATION AGREEMENT is entered into as of this 15th day of January, 2015, by and between Roberts Properties Residential, L.P., a Georgia limited partnership (hereinafter referred to as “Borrower”) and North Springs Financial, LLC, a Georgia limited liability company (hereinafter referred to as “Lender”).
FIRST MODIFICATION AGREEMENTFirst Modification Agreement • April 18th, 2011 • Peak Resorts Inc • Missouri
Contract Type FiledApril 18th, 2011 Company JurisdictionThis FIRST MODIFICATION AGREEMENT (the “Agreement”) is made and entered into as of the 30th day of June, 2009 (the “Effective Date”), by and between PEAK RESORTS, INC., a Missouri corporation (“Peak”), MOUNT SNOW, LTD., a Vermont corporation (“Mount Snow”, and together with Peak, collectively, the “Borrower”) and EPT MOUNT SNOW, INC., a Delaware corporation (“Lender”).
FIRST MODIFICATION AGREEMENTFirst Modification Agreement • October 20th, 2014 • Peak Resorts Inc • Hotels & motels • Missouri
Contract Type FiledOctober 20th, 2014 Company Industry JurisdictionThis FIRST MODIFICATION AGREEMENT (the “Agreement”) is made and entered into as of the 30th day of June, 2009 (the “Effective Date”), by and between PEAK RESORTS, INC., a Missouri corporation (“Peak”), MOUNT SNOW, LTD., a Vermont corporation (“Mount Snow”, and together with Peak, collectively, the “Borrower”) and EPT MOUNT SNOW, INC., a Delaware corporation (“Lender”).
FIRST MODIFICATION AGREEMENTFirst Modification Agreement • September 16th, 2022 • Hudson Pacific Properties, L.P. • Real estate • New York
Contract Type FiledSeptember 16th, 2022 Company Industry JurisdictionTHIS FIRST MODIFICATION AGREEMENT (this “Agreement”) is dated as of September 15, 2022, by and among WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, in its capacity as administrative agent (in such capacity, collectively with its successors and assigns, “Administrative Agent”), for and on behalf of the lenders from time to time a party to that certain Fourth Amended and Restated Credit Agreement, dated as of December 21, 2021 (as heretofore amended and as the same may be further amended, restated, modified, supplemented or replaced from time to time, the “Existing Credit Agreement”), by and among Borrower, Administrative Agent, the aforementioned lenders (each, a “Lender” and, collectively, “Lenders”), and HUDSON PACIFIC PROPERTIES, L.P., a Maryland limited partnership (“Borrower”). Each capitalized term used and not otherwise defined herein shall have the meaning given to such term in the Existing Credit Agreement.
FIRST MODIFICATION AGREEMENT (FREMONT/BUILDINGS #1, #2, #3 AND #4)First Modification Agreement • August 28th, 2008 • Lam Research Corp • Special industry machinery, nec
Contract Type FiledAugust 28th, 2008 Company IndustryThis FIRST MODIFICATION AGREEMENT (FREMONT/BUILDINGS #1, #2, #3 AND #4) (this “Amendment”), dated as of April 3, 2008 (the “Amendment Date”), is made by and between BNP PARIBAS LEASING CORPORATION (“BNPPLC”), a Delaware corporation, and LAM RESEARCH CORPORATION (“LRC”), a Delaware corporation.
FIRST MODIFICATION AGREEMENT (MOFFETT BUSINESS CENTER)First Modification Agreement • June 24th, 2008 • NetApp, Inc. • Computer storage devices
Contract Type FiledJune 24th, 2008 Company IndustryThis FIRST MODIFICATION AGREEMENT (MOFFETT BUSINESS CENTER) (this “Amendment”), dated as of April 9, 2008 (the “Amendment Date”), is made by and between BNP PARIBAS LEASING CORPORATION (“BNPPLC”), a Delaware corporation, and NETAPP, INC. (“NAI”), a Delaware corporation which is a successor by merger to Network Appliance, Inc.
FIRST MODIFICATION AGREEMENT (BUILDING 9)First Modification Agreement • June 24th, 2008 • NetApp, Inc. • Computer storage devices
Contract Type FiledJune 24th, 2008 Company IndustryThis FIRST MODIFICATION AGREEMENT (BUILDING 9) (this “Amendment”), dated as of April 9, 2008 (the “Amendment Date”), is made by and between BNP PARIBAS LEASING CORPORATION (“BNPPLC”), a Delaware corporation, and NETAPP, INC. (“NAI”), a Delaware corporation which is a successor by merger to Network Appliance, Inc.
FIRST MODIFICATION AGREEMENTFirst Modification Agreement • October 1st, 2014 • HII Technologies, Inc. • Oil & gas field exploration services • New York
Contract Type FiledOctober 1st, 2014 Company Industry JurisdictionThis First Modification Agreement (this “Amendment”) is dated effective as of September 15, 2014, by and between APACHE ENERGY SERVICES, LLC, a Nevada limited liability company (“Apache Energy Services”), AQUA HANDLING OF TEXAS, LLC, a Texas limited liability company (“Aqua Handling”), HAMILTON INVESTMENT GROUP, an Oklahoma corporation (“HIG”), KMHVC, INC., a Texas corporation (“KMHVC”; and with HII, Apache Energy Services, Aqua Handling and HIG, the “Borrower”), HEARTLAND BANK, an Arkansas state bank, as administrative agent (in such capacity, “Agent”) on behalf of the Lenders (as defined in the Credit Agreement).
FIRST MODIFICATION AGREEMENT OF EXHIBITION TOUR AGREEMENT EX 2006AFirst Modification Agreement • February 27th, 2013 • Premier Exhibitions, Inc. • Services-amusement & recreation services • Georgia
Contract Type FiledFebruary 27th, 2013 Company Industry JurisdictionWhereas, Premier Exhibitions, Inc. (“Premier”), Dr. Hongjin Sui (“Dr. Sui”) and Hoffen Global Ltd. (“Hoffen Global”) (collectively the “Parties”) entered into that certain Exhibition Tour Agreement on April 23, 2006 for the lease of human body specimens and human body parts known as EX2006A (hereafter the “2006A Contract”) and,
FIRST MODIFICATION AGREEMENTFirst Modification Agreement • October 1st, 2015 • Cole Credit Property Trust V, Inc. • Real estate investment trusts • New York
Contract Type FiledOctober 1st, 2015 Company Industry JurisdictionFor good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Borrower, Administrative Agent and the Lender agree as follows:
FIRST MODIFICATION AGREEMENTFirst Modification Agreement • August 14th, 2014 • Cole Office & Industrial REIT (CCIT II), Inc. • Real estate investment trusts • New York
Contract Type FiledAugust 14th, 2014 Company Industry JurisdictionFor good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Borrower, Administrative Agent and the Lenders agree as follows:
FIRST MODIFICATION AGREEMENT (Unsecured Loan)First Modification Agreement • July 5th, 2012 • Inland Real Estate Corp • Real estate investment trusts • Illinois
Contract Type FiledJuly 5th, 2012 Company Industry JurisdictionTHIS FIRST MODIFICATION AGREEMENT (the "Agreement") is entered into as of June 28, 2012, but effective as of the Effective Date (defined below), by and between WELLS FARGO BANK, NATIONAL ASSOCIATION (collectively with its successors or assigns, "Lender"), and INLAND REAL ESTATE CORPORATION, a Maryland corporation ("Borrower").
OFFICE LEASE FIRST MODIFICATION AGREEMENTFirst Modification Agreement • December 29th, 2009 • Xenith Bankshares, Inc. • State commercial banks
Contract Type FiledDecember 29th, 2009 Company IndustryThis First Modification Agreement (this “Agreement”), dated as of June 8, 2009, is made by and between Greensboro Drive Property LLC, a Delaware limited liability company (“Landlord”), and Xenith Corporation, a Virginia corporation formerly known as Xenith Bank [In Organization] (“Tenant”).
FIRST MODIFICATION AGREEMENTFirst Modification Agreement • February 15th, 2022 • Angel Oak Mortgage, Inc. • Real estate • Texas
Contract Type FiledFebruary 15th, 2022 Company Industry JurisdictionTHIS FIRST MODIFICATION AGREEMENT (this “Agreement”) is executed to be effective as of February 11, 2022 (the “Effective Date”), by and among ANGEL OAK MORTGAGE REIT TRS, LLC, a Delaware limited liability company (“REIT Borrower”), ANGEL OAK MORTGAGE FUND TRS, a Delaware statutory trust (“Trust Borrower”), and ANGEL OAK MORTGAGE OPERATING PARTNERSHIP, LP, a Delaware limited partnership (“Operating Borrower”, and together with REIT Borrower and Trust Borrower, individually, collectively, interchangeably and jointly and severally, the “Borrower”), ANGEL OAK MORTGAGE INC., a Delaware corporation (the “Guarantor”), and VERITEX COMMUNITY BANK, a Texas state bank (“Lender”).
FIRST MODIFICATION AGREEMENTFirst Modification Agreement • August 4th, 2015 • Century Communities, Inc. • Operative builders • Texas
Contract Type FiledAugust 4th, 2015 Company Industry JurisdictionThis FIRST MODIFICATION AGREEMENT (this “Agreement”) is made as of July 31, 2015, by and among (i) CENTURY COMMUNITIES, INC., a Delaware corporation (“Borrower”), (ii) the undersigned Guarantors, (iii) the undersigned Lenders, and (iv) TEXAS CAPITAL BANK, NATIONAL ASSOCIATION, a national banking association, as Administrative Agent (“Administrative Agent”).
FIRST MODIFICATION AGREEMENTFirst Modification Agreement • February 20th, 2018 • Widepoint Corp • Services-computer integrated systems design • Virginia
Contract Type FiledFebruary 20th, 2018 Company Industry JurisdictionTHIS FIRST MODIFICATION AGREEMENT (this "Agreement"), effective as of the 29th day of January 2018, is by and between ACCESS NATIONAL BANK, a national banking association (the "Bank"); and WIDEPOINT CORPORATION, a Delaware corporation, WIDEPOINT INTEGRATED SOLUTIONS CORP., a Virginia corporation, WIDEPOINT CYBERSECURITY SOLUTIONS CORPORATION, a Virginia corporation, WIDEPOINT SOLUTIONS CORP., a Delaware corporation, and WIDEPOINT IL, INC., an Illinois corporation (hereinafter individually and collectively called the "Borrower").
FIRST MODIFICATION AGREEMENTFirst Modification Agreement • December 12th, 2006 • Enterprise Financial Services Corp • State commercial banks • Missouri
Contract Type FiledDecember 12th, 2006 Company Industry JurisdictionThis FIRST MODIFICATION AGREEMENT (this “Agreement”) is made and entered into as of the 6th day of December, 2006, by and between ENTERPRISE FINANCIAL SERVICES CORP., a Delaware corporation (the “Borrower”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association (the “Lender”).
FIRST MODIFICATION AGREEMENT (Short Form – Domain Gateway)First Modification Agreement • November 12th, 2015 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • Texas
Contract Type FiledNovember 12th, 2015 Company Industry JurisdictionThis FIRST MODIFICATION AGREEMENT (Short Form –Domain Gateway) (this "Agreement") is dated as of June 19, 2015, by and among KBSIII DOMAIN GATEWAY, LLC, a Delaware limited liability company ("Grantor"), and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as administrative agent (in such capacity, "Agent") for the lenders from time to time party to the Loan Agreement described below, the "Lenders"). This Agreement is made with reference to the following facts:
FIRST MODIFICATION AGREEMENTFirst Modification Agreement • March 9th, 2015 • KBS Real Estate Investment Trust II, Inc. • Real estate investment trusts • California
Contract Type FiledMarch 9th, 2015 Company Industry JurisdictionTHIS FIRST MODIFICATION AGREEMENT (this “Agreement”), dated November 15, 2014, is made and entered into by and among KBSII HORIZON TECH CENTER, LLC, a Delaware limited liability company (“Horizon Tech Borrower”), KBSII CRESCENT VIII, LLC, a Delaware limited liability company (“Crescent Borrower”), KBSII NATIONAL CITY TOWER, LLC, a Delaware limited liability company (“National City Borrower”), KBSII GRANITE TOWER, LLC, a Delaware limited liability company (“Granite Tower Borrower”), KBSII GATEWAY CORPORATE CENTER, LLC, a Delaware limited liability company (“Gateway Borrower”), KBSII I-81 INDUSTRIAL PORTFOLIO TRUST, a Delaware statutory trust (“I-81 Borrower” and together with Horizon Tech Borrower, Crescent Borrower, National City Borrower, Granite Tower Borrower and Gateway Tower Borrower, each individually, “Borrower” and together, “Borrowers”), the “Lenders” from time to time a party to the Loan Agreement referenced below (“Lenders”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (“Well
FIRST MODIFICATION AGREEMENTFirst Modification Agreement • March 29th, 2006 • Neighborhoods V, LLC • Operative builders
Contract Type FiledMarch 29th, 2006 Company IndustryTHIS FIRST MODIFICATION AGREEMENT (this “Modification”), dated as of this 11th day of July, 2005, by and among NEIGHBORHOODS CAPITAL, LLC, a Virginia limited liability company, the limited liability companies identified above their executions hereof as Borrowers or Guarantors (Capital and each of the Borrowers and Guarantors, individually, an “Obligor”, and collectively, the “Obligors”); the parties identified above their executions hereof as Lenders and other Lenders who may become a party to the Agreement (as hereinafter defined) (each, a “Lender” and, collectively, the “Lenders”) and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, as a Lender, as Agent for the Lenders and as Issuing Lender.
FIRST MODIFICATION AGREEMENT (Short Form –Lake Carolyn)First Modification Agreement • November 12th, 2015 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • Texas
Contract Type FiledNovember 12th, 2015 Company Industry JurisdictionThis FIRST MODIFICATION AGREEMENT (Short Form –Lake Carolyn) (this "Agreement") is dated as of June 19, 2015, by and among KBSIII TOWER AT LAKE CAROLYN, LLC, a Delaware limited liability company ("Grantor"), and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as administrative agent (in such capacity, "Agent") for the lenders from time to time party to the Loan Agreement described below, the "Lenders"). This Agreement is made with reference to the following facts:
FIRST MODIFICATION AGREEMENTFirst Modification Agreement • April 2nd, 2007 • Evans & Sutherland Computer Corp • Miscellaneous electrical machinery, equipment & supplies
Contract Type FiledApril 2nd, 2007 Company IndustryTHIS FIRST MODIFICATION AGREEMENT (the “Agreement”) is made and entered into this 30 th day of March, 2007, by and between First Keystone Bank (the “Bank”), chartered under the Laws of the United States of America, having its principal office at 22 West State Street, Media, Pennsylvania, 19063, Spitz, Inc., a Delaware corporation (the “Borrower”), with an address of P.O. Box 198, Route 1, Chadds Ford, Pennsylvania, 19317, and Evans & Sutherland Computer Corporation, a Utah corporation (the “Guarantor”). The Bank, Borrower and Guarantor are sometimes herein referred to as a “Party” and collectively as the “Parties”.
FIRST MODIFICATION AGREEMENTFirst Modification Agreement • March 4th, 2005 • Tessco Technologies Inc • Wholesale-electronic parts & equipment, nec • Maryland
Contract Type FiledMarch 4th, 2005 Company Industry JurisdictionTHIS FIRST MODIFICATION AGREEMENT (this “Agreement”) is made as of February 28, 2005, by and among (a) TESSCO TECHNOLOGIES INCORPORATED, a Delaware corporation (“TESSCO”), CARTWRIGHT COMMUNICATIONS COMPANY a Delaware corporation, TESSCO SERVICE SOLUTIONS, INC., a Delaware corporation, TESSCO INCORPORATED, a Delaware corporation, TESSCO COMMUNICATIONS INCORPORATED, a Delaware corporation, WIRELESS SOLUTIONS INCORPORATED, a Maryland corporation, and TESSCO BUSINESS SERVICES, LLC, a Delaware limited liability company, (all of the aforementioned entities, including TESSCO, being hereinafter called collectively the “Borrowers”); (b) the Lenders who are or may become a party to this Agreement; (c) WACHOVIA BANK, NATIONAL ASSOCIATION, as Administrative Agent for the Lenders, (d) SUNTRUST BANK, as Arrangement Agent.
FIRST MODIFICATION AGREEMENTFirst Modification Agreement • September 26th, 2019 • Cole Office & Industrial REIT (CCIT III), Inc. • Real estate investment trusts • New York
Contract Type FiledSeptember 26th, 2019 Company Industry JurisdictionFor good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Borrower, Administrative Agent and the Lenders agree as follows:
FIRST MODIFICATION AGREEMENTFirst Modification Agreement • August 15th, 2008 • Global Water Resources, Inc. • Water supply • Arizona
Contract Type FiledAugust 15th, 2008 Company Industry Jurisdictionincreased working capital and other financing needs. Bank is willing to so modify the Line of Credit and the Loan Documents, subject to the terms and conditions herein.