Section 5.5 Fees and Expenses 47 Section 5.6 GEI Asset Acquisition 47 Section 5.7 Public Announcements 47 Section 5.8 Investor Representations and Information 47 Section 5.9 Public Information 48 Section 5.10 Transition Services 48 Article VI Indemnification 48 Section 6.1 Indemnification of Green Plains 48 Section 6.2 Indemnification of Global Ethanol Members 50 Section 6.3 Notice and Resolution of Claims 50 Section 6.4 Survival of Covenants, Representations and Warranties 53 Section 6.5 Payment of Claims/ Escrow Account 53 Section 6.6 Exclusive Remedy 54 Article VII Tax Matters 54 Section 7. (October 22nd, 2010)
This Merger Agreement (this Agreement) is entered into on September 28, 2010 by and among Green Plains Renewable Energy, Inc., an Iowa corporation (Green Plains), GPMS, Inc., a Delaware corporation and a wholly-owned subsidiary of Green Plains (Merger Sub), Global Ethanol, LLC, a Delaware limited liability company (Global Ethanol), and Global Ethanol, Inc., a Delaware corporation ( GEI). Each of Green Plains, Merger Sub, Global Ethanol and GEI are referred to herein as a Party and collectively as the Parties.
Zila, Inc. – Third Amendment Agreement (September 16th, 2008)
THIS THIRD AMENDMENT AGREEMENT, dated September 11, 2008 (this Agreement), is among Zila, Inc., a Delaware corporation (the Company), Visium Balanced Offshore Fund, Ltd., Visium Balanced Fund, LP, Visium Long Bias Offshore Fund, Ltd. and Visium Long Bias Fund, LP (the Visium Entities), and Atlas Master Fund, Ltd. (Atlas and, collectively with the Visium Entities, the Investors).