WAIVER AND CONSENT AGREEMENT THIS WAIVER AND CONSENT AGREEMENT (this "Agreement") dated as of May 29, 2008, is by and among PHS Group Inc., a Pennsylvania corporation (the "Borrower"), Synergy Brands Inc., a Delaware corporation (the "Parent...Waiver and Consent Agreement • May 30th, 2008 • Synergy Brands Inc • Wholesale-groceries, general line • New York
THIRD MODIFICATION, WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • January 19th, 2012 • Attitude Drinks Inc. • Beverages • New York
This Third Modification, Waiver and Consent Agreement is made this 15th day of July, 2009 (“Agreement”) among Attitude Drinks Inc., a Delaware corporation (the “Company”), and the signators hereto who are Subscribers under certain Subscription Agreements with the Company dated October 23, 2007 (“Initial Closing”), January 8, 2008 (“Bridge Funding”), February 15, 2008 (“Second Closing”) as amended pursuant to the Modification, Waiver and Consent Agreement dated, September 9, 2008 (“Modification Agreement”), the Second Modification, Waiver and Consent Agreement dated January 27, 2009 ("Second Modification Agreement"), September 29, 2008 (“Alpha Funding”), and March 30, 2009 (“March 2009 Funding”) (collectively “Subscription Agreements”).
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • July 8th, 2014
The Redevelopment Agency of the City of Sparks, Nevada (the “Agency”), the City of Sparks, Nevada (the “City”), and Sparks Legends Development, Inc. (the “Developer”) have entered into that certain “City of Sparks, Disposition, Development and Financing Agreement, Legends at the Sparks Marina Project,” amended and restated as of April 2, 2008 (the “DDFA”). All capitalized terms set forth herein but not otherwise defined shall have the meanings set forth in the DDFA.
AMENDMENT, WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • February 27th, 2003 • Pg&e Corp • Electric & other services combined • New York
THIS AMENDMENT, WAIVER AND CONSENT AGREEMENT (this "Waiver Agreement") dated as of November 6, 2002, is entered into among LA PALOMA GENERATING COMPANY, LLC, a Delaware limited liability company (the "Company"); LA PALOMA GENERATING TRUST LTD., a Delaware business trust (the "Owner") acting through WILMINGTON TRUST COMPANY, as Trustee; the LENDERS, INVESTORS and INTEREST HEDGE PARTIES party hereto; CITIBANK, N.A., as administrative agent for the Lenders, the Tranche A Banks and the Investors (in such capacity, the "Administrative Agent"); and CITIBANK, N.A., as security agent for the Creditors (in such capacity, the "Security Agent").
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • April 21st, 2005 • Vincera, Inc. • Services-prepackaged software
FOR GOOD AND VALUABLE CONSIDERATION, including the opportunity to consider an initial public offering attempt for Smarte Solutions, Inc., a Delaware corporation (the “Company”), the receipt and sufficiency of which are hereby acknowledged, the undersigned, being holders of issued and outstanding shares of the Series A Convertible Preferred Stock, $0.001 par value per share (“Series A Preferred Stock”), of the Company hereby:
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • February 15th, 2022 • SmartMetric, Inc. • Miscellaneous manufacturing industries • New York
This waiver and consent agreement (this “Agreement”) is made and entered into as of November 3, 2021 (the “Effective Date”), by and between Smartmetric, Inc., a Nevada corporation (the “Company”), and AJB Capital Investments, LLC, a Delaware limited liability company (“AJB”).
AMENDMENT, WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • January 19th, 2012 • Attitude Drinks Inc. • Beverages • New York
This Amendment, Waiver and Consent Agreement is made this 17th day of February, 2009 (“Agreement”) among Attitude Drinks Inc., a Delaware corporation (the “Company”), and the signators hereto who are Subscribers under certain Subscription Agreements with the Company dated October 23, 2007 (“Initial Closing”), January 8, 2008 (“Bridge Funding”), February 15, 2008 (“Second Closing”), September 29, 2008 (“Alpha Funding”), and January 27, 2009 (“January 2009 Funding”) (collectively “Subscription Agreements”).
Exhibit 10.57 WAIVER AND CONSENT AGREEMENT ---------------------------- This is a Waiver and Consent Agreement dated as of March 20, 2000 by and among Brown Brothers Harriman & Co. ("BBH"), J.H. Whitney & Co. ("JHW"), Whitney Subordinated Debt Fund,...Waiver and Consent Agreement • April 14th, 2000 • NMT Medical Inc • Surgical & medical instruments & apparatus
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • May 8th, 2014 • Yahoo Inc • Services-computer integrated systems design
This Waiver and Consent Agreement (this “Waiver and Consent”) is entered into as of January 23, 2014, by and among Alibaba Group Holding Limited, a company organized under the laws of the Cayman Islands (“Alibaba”), SoftBank Corp., a Japanese corporation and shareholder of Alibaba (“Softbank”), Yahoo! Inc., a Delaware corporation and shareholder of Alibaba (“Yahoo!”), (Alipay.com Co., Ltd.), a limited liability company organized under the laws of the People’s Republic of China (“OpCo”), APN Ltd., a company organized under the laws of the Cayman Islands (“IPCo”), (Zhejiang Alibaba E-Commerce Co., Ltd.), a limited liability company organized under the laws of the People’s Republic of China (“HoldCo”), the Joinder Parties (as defined in the Agreement), Jack Ma Yun (“JM”), Joseph Chung Tsai (“JT”), and, solely for purposes of Section 3 herein, the Management Members’ Representative (as defined in that certain New Shareholders Agreement dated as of September 18, 2012, by and among them and
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • May 22nd, 2017 • Quantum Materials Corp. • Metal mining • Illinois
THIS WAIVER AND CONSENT AGREEMENT (the “Agreement”), is dated as of May 19, 2017 (the “Effective Date”), by and between QUANTUM MATERIALS, INC., a Nevada corporation (the “Company”), and LINCOLN PARK CAPITAL FUND, LLC, an Illinois limited liability company (the “Investor”).
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • June 30th, 2009 • Aspen Technology Inc /De/ • Services-computer programming services • Massachusetts
This WAIVER AND CONSENT AGREEMENT (this “Waiver”), dated as of March 31, 2009, is entered into by and among (i) ASPEN TECHNOLOGY, INC., a Delaware corporation with offices at 200 Wheeler Road, Burlington, Massachusetts 01803 (“Aspen”), (ii) GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation with an address at 500 West Monroe Street, Chicago, IL 60661 (“GE Capital”), and (iii) each of the undersigned affiliates of GE Capital that are party to the Agreement (as defined below) pursuant to Riders thereto (each an “Affiliate” and collectively the “Affiliates”).
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • January 14th, 2022 • Roth CH Acquisition III Co • Water, sewer, pipeline, comm & power line construction
This Waiver and Consent Agreement (this “Agreement”) is dated as of January 14, 2022, and is made by and among Roth CH Acquisition III Co., a Delaware corporation (the “Buyer”), BCP QualTek HoldCo, LLC, a Delaware limited liability company (the “Company”), and BCP QualTek, LLC, a Delaware limited liability company (the “Equityholder Representative”, and together with the Buyer and the Company, each, a “Party”, and collectively, the “Parties”). Capitalized terms used but not defined herein shall have the meaning ascribed to such terms in the BCA (as defined below).
WAIVER AND CONSENT AGREEMENT AND ELEVENTH AMENDMENT TO CREDIT AND GUARANTY AGREEMENTWaiver and Consent Agreement • April 28th, 2017 • TerraForm Power, Inc. • Electric services • New York
THIS WAIVER AND CONSENT AGREEMENT AND ELEVENTH AMENDMENT TO CREDIT AND GUARANTY AGREEMENT (this “Amendment”) is dated as of April 26, 2017 and is entered into by and among TERRAFORM POWER OPERATING, LLC, a Delaware limited liability company (“Borrower’’), the other Credit Parties party hereto, BARCLAYS BANK PLC (“Barclays”), as a Lender and as Administrative Agent (“Administrative Agent”) and the other Lenders party hereto, and is made with reference to that certain CREDIT AND GUARANTY AGREEMENT dated as of January 28, 2015 (as amended through the date hereof, the “Credit Agreement”) by and among Borrower, TERRAFORM POWER, LLC, a Delaware limited liability company (“Holdings”), the subsidiaries of Borrower named therein, the Lenders, the Administrative Agent, Collateral Agent and the other Agents named therein. Capitalized terms used herein without definition shall have the same meanings herein as set forth in the Credit Agreement.
AMENDMENT, WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • March 21st, 2002 • Water Pik Technologies Inc • Electric housewares & fans • New York
THIS AMENDMENT, WAIVER AND CONSENT AGREEMENT (this "Agreement"), dated as of December 21, 2001, to the Restated Credit Agreement, dated as of November 29, 1999 (as the same may be further amended, supplemented or modified from time to time in accordance with its terms, the "Credit Agreement"), among Water Pik, Inc., a Delaware corporation ("Water Pik"), and Laars, Inc., a Delaware corporation ("Laars" and together with Water Pik, herein referred to as the "Borrowers"), the Guarantors named therein, the financial institutions named therein (the "Lenders") and JPMorgan Chase Bank (f/k/a The Chase Manhattan Bank), as agent (the "Agent") for the Lenders. Capitalized terms used and not otherwise defined herein shall have the meanings attributed thereto in the Credit Agreement.
ACKNOWLEDGMENT, WAIVER, AND CONSENT AGREEMENTWaiver, and Consent Agreement • June 22nd, 2020 • Utah
MAYFLOWER LLC (“32 DOM”), each of which is a Delaware limited liability company (collectively, the “Landowners”) and EX UTAH DEVELOPMENT LLC, a Delaware limited liability company (“Master Developer”, and with the Landowners, the “BLX Entities”).
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • December 21st, 2011 • Black Tusk Minerals Inc. • Mining & quarrying of nonmetallic minerals (no fuels)
THIS WAIVER AND CONSENT AGREEMENT (the “Agreement”), dated as of December 15, 2011 (the “Effective Date”), executed by and between Black Tusk Minerals Inc., a company organized and existing under the laws of Nevada, USA (“Black Tusk”) and Trevali Mining Corporation, a company organized and existing under the laws of British Columbia, Canada (“Trevali”).
WAIVER AND CONSENT AGREEMENT THIS WAIVER AND CONSENT AGREEMENT (this "Agreement") is made and entered into as of the 29th day of January, 2002, by and among Kaiser Aluminum & Chemical Corporation, a Delaware corporation (the "Company"), Kaiser...Waiver and Consent Agreement • January 31st, 2002 • Kaiser Aluminum & Chemical Corp • Primary production of aluminum
EXECUTION COPY WAIVER AND CONSENT AGREEMENT THIS WAIVER AND CONSENT AGREEMENT (this "Agreement") is made and entered into as of the 29th day of January, 2002, by and among Kaiser Aluminum & Chemical Corporation, a Delaware corporation (the "Company"),...Waiver and Consent Agreement • April 12th, 2002 • Kaiser Aluminum Corp • Primary production of aluminum
PROVISIONAL WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • November 22nd, 2023 • Alpine 4 Holdings, Inc. • Communications equipment, nec
This PROVISIONAL WAIVER AND CONSENT AGREEMENT (this “Agreement”), dated as of November 17, 2023 (the “Effective Date”), is entered into by and between ALPINE 4 HOLDINGS, INC., a Delaware corporation having its principal office at 2525 E. Biltmore Circle C-237, Phoenix, AZ 85016 (“Borrower”), and Mast Hill Fund L.P., a Delaware limited partnership (“Mast”), including its Affiliates as such term is used in and construed under Rule 405 under the Securities Act of 1933 (“Affiliates”, and collectively with Mast, “Mast Hill”).
AMENDMENT, WAIVER AND CONSENT AGREEMENT NO. 1Waiver and Consent Agreement • August 16th, 2007 • Navisite Inc • Services-business services, nec • New York
AMENDMENT, WAIVER AND CONSENT AGREEMENT NO. 1 (this “Amendment”), dated as of August 9,2007, relating to the Credit Agreement (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), dated as of June 8,2007, among NAVISITE, INC., a Delaware corporation (“Borrower”), the Subsidiary Guarantors (such term and each other capitalized term used but not defined herein shall have the meaning assigned to such term in the Credit Agreement), the Lenders, CIBC WORLD MARKETS CORP., as sole lead arranger (in such capacity, “Sole Lead Arranger”), as documentation agent (in such capacity, “Documentation Agent”) and as bookrunner (in such capacity, “Bookrunner”), CIT LENDING SERVICES CORPORATION, as syndication agent (in such capacity, “Syndication Agent”), and CANADIAN IMPERIAL BANK OF COMMERCE, acting through its New York agency, as issuing bank (in such capacity, “Issuing Bank”) and as administrative agent (in such capacity, “Administrative Agent”) for the Lenders
WAIVER AND CONSENT AGREEMENT January 19, 2016Waiver and Consent Agreement • May 12th, 2016 • Real Goods Solar, Inc. • Construction - special trade contractors • New York
Reference is made to that certain loan arrangement by and among Bank, REAL GOODS ENERGY TECH, INC. (“Real Goods Energy”), REAL GOODS TRADING CORPORATION (“Real Goods Trading”), ALTERIS RENEWABLES, INC., a Delaware corporation (“Alteris”) and REAL GOODS SYNDICATED, INC. (“Syndicated”), MERCURY ENERGY, INC. (“Mercury”), REAL GOODS SOLAR, INC. – MERCURY SOLAR (“Mercury Solar”), ELEMENTAL ENERGY, LLC (“Elemental”), and SUNETRIC MANAGEMENT LLC (“Sunetric”, and together with Real Goods Energy, Real Goods Trading, Alteris, Syndicated, Mercury, Mercury Solar and Elemental, individually and collectively, jointly and severally, the “Borrower”). Borrower’s obligations under the Loan Agreement are guarantied by REAL GOODS SOLAR, INC. (the “Guarantor”, and together with Borrower, jointly, severally, and collectively, the “Obligors”). Further reference is made to that certain Non-Recourse Loan Document Sale and Assignment Agreement of even date herewith (the “Assignment”) by and between Bank and SOL
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • August 21st, 2017 • Inpixon • Services-computer programming services • New York
This WAIVER AND CONSENT AGREEMENT (this “Agreement”) is made and entered into as of June 28, 2017 by and between Inpixon (f/k/a Sysorex Global) (the “Company”), and the purchaser identified on the signature page hereto (the “Purchaser”). Capitalized terms used herein but not herein defined shall have the respective meanings ascribed thereto in that certain securities purchase agreement (the “December 2016 SPA”) dated as of December 12, 2016 by and among the Company, the Purchaser and other purchasers party thereto (the “Other Purchasers”). The Company and the Purchaser are sometimes referred to in this Agreement singularly as a “party” and collectively as the “parties”.
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • November 14th, 2005 • Allion Healthcare Inc • Wholesale-drugs, proprietaries & druggists' sundries • Maryland
THIS WAIVER AND CONSENT AGREEMENT (this “Agreement”) is made as of this 4th day of August, 2005, by and among ALLION HEALTHCARE, INC. f/k/a THE CARE GROUP, INC., a Delaware corporation (“Allion”), MAIL ORDER MEDS OF TEXAS, INC., a Texas corporation (“Meds Texas”), MOMS PHARMACY, INC. f/k/a MAIL ORDER MEDS OF NEW YORK, INC., a New York corporation, (“Moms New York”), MOMS PHARMACY, INC., a California corporation, (“Moms California”), MOMS PHARMACY, LLC, a Florida limited liability company (“Moms Florida”), MEDICINE MADE EASY, a California corporation (“Medicine Made Easy”), NORTH AMERICAN HOME HEALTH SUPPLY, INC., a California corporation (“North American”), SPECIALTY PHARMACIES, INC., a Washington corporation (“Specialty” and, collectively with Allion, Meds Texas, Moms New York, Moms California, Moms Florida, Medicine Made Easy and North American, the “Borrower”), and GE HFS HOLDINGS, INC., a Delaware corporation (“Lender”).
AMENDMENT, WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • November 1st, 2016 • Ashford Inc. • Services-management consulting services • Delaware
This AMENDMENT, WAIVER AND CONSENT AGREEMENT (this “Agreement”), dated as of October 28, 2016, is entered into by and among Archie Bennett, Jr. and Monty J. Bennett (collectively, the “LP Transferors”); Remington Holdings GP, LLC, a Delaware limited liability company and the general partner of the Target (the “General Partner”) (each of the LP Transferors and the General Partner individually, a “Remington Holder” and collectively, the “Remington Holders”); MJB Investments, LP (“MJB Investments”); Mark A. Sharkey (“Sharkey”); Remington Holdings, LP, a Delaware limited partnership (the “Target”); Ashford, Inc., a Delaware corporation (the “Company”); Ashford Advisors, Inc., a Delaware corporation and wholly owned subsidiary of the Company (“Newco”); Remington Hospitality Management, Inc., a Delaware corporation and wholly owned subsidiary of Newco (“Newco Sub”); Ashford GP Holdings I, LLC, a Delaware limited liability company and wholly owned subsidiary of Newco (“GP Holdings I”); and Re
ORIENTATION AND MOBILITY SERVICES AGREEMENTWaiver and Consent Agreement • May 15th, 2019 • Kentucky
This Orientation and Mobility Services Agreement is made and entered into as of May 15, 2019 by and between Movin’ Om, LLC ("MO") and Carroll County School District. In consideration of the mutual promises and covenants set forth herein, the sufficiency of which is hereby acknowledged, the parties agree as follows:
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • December 11th, 2015 • Ignite Restaurant Group, Inc. • Retail-eating places • New York
This WAIVEr and Consent AGREEMENT (this “Waiver”), dated as of December 11, 2015, to the Credit Agreement referenced below is by and among Ignite Restaurant Group, Inc., a Delaware corporation (“Borrower”), the Lenders party hereto (the “Consenting Lenders”), and Credit Suisse AG, (the “Administrative Agent”) in its capacity as Administrative Agent pursuant to the Credit Agreement referenced below.
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • November 9th, 2015 • Unilife Corp • Surgical & medical instruments & apparatus
This waiver and consent agreement (this “Agreement”), dated as of November 9, 2015, is entered into by and between UNILIFE CORPORATION, a Delaware corporation (the “Company”), and LINCOLN PARK CAPITAL FUND, LLC, an Illinois limited liability company (the “Investor”), and relates to that certain Purchase Agreement, dated as of July 29, 2015, between the Company and the Investor (the “Purchase Agreement”). Capitalized terms used herein without definition shall have the meanings ascribed to such terms in the Purchase Agreement.
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • March 19th, 2019 • Singapore Technologies Telemedia Pte LTD • Services-computer programming, data processing, etc.
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • March 20th, 2006 • American Media Operations Inc • Periodicals: publishing or publishing & printing • New York
Waiver and Consent Agreement, dated as of March 17, 2006 (this “Agreement”), by and among American Media Operations, Inc. (the “Company”) and each of the parties listed on the signature page hereto (each a “Bondholder”, and collectively, the “Bondholders”), relating to certain proposed amendments (the “Proposed Amendments”) to the Indenture, dated as of January 23, 2003 (the “Indenture”), among the Company, the guarantors named therein (the “Note Guarantors”) and HSBC Bank USA, National Association (as successor in interest to J.P. Morgan Trust Company, N.A.), a national banking association, as trustee (the “Trustee”).
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • September 20th, 2019 • Inpixon • Services-computer programming services • California
This WAIVER AND CONSENT AGREEMENT (this “Agreement”) is made and entered into as of September 17, 2019 by and between Inpixon, a Nevada corporation (the “Borrower”), and Payplant LLC (“Payplant”) as agent for Payplant Alternatives Fund LLC, a Delaware limited liability company (“Lender”). Capitalized terms used herein but not herein defined shall have the respective meanings ascribed thereto in that certain Amended and Restated GemCap Amended and Restated Loan and Security Agreement: Payplant Loan and Security Agreement dated as of August 14, 2017 by and among Inpixon, Sysorex, Inc., as successor of Inpixon USA, Sysorex Government Services, Inc. and Payplant as agent for Lender (as amended from time to time in accordance with its terms, the “Loan Agreement”).
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • June 1st, 2017 • Inpixon • Services-computer programming services • New York
This WAIVER AND CONSENT AGREEMENT (this “Agreement”) is made and entered into as of May 31, 2017 by and between Inpixon, a Nevada corporation (the “Company”), and Hillair Capital Investments L.P. (“Hillair”). In this Agreement, the Company and Hillair are sometimes referred to singularly as a “party” and collectively as the “parties”.
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • August 9th, 2017 • Inpixon • Services-computer programming services • New York
This WAIVER AND CONSENT AGREEMENT (this “Agreement”) is made and entered into as of August 9, 2017 by and between Inpixon, a Nevada corporation (the “Company”), and Hillair Capital Investments L.P. (“Hillair”). In this Agreement, the Company and Hillair are sometimes referred to singularly as a “party” and collectively as the “parties”. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Debenture (as defined below).
WAIVER AND CONSENT AGREEMENTWaiver and Consent Agreement • April 24th, 2007 • Bakers Footwear Group Inc • Retail-shoe stores • Massachusetts
This WAIVER AND CONSENT AGREEMENT (the “Agreement”) dated this 18th day of April, 2007 is made with respect to the Second Amended and Restated Loan and Security Agreement (the “Loan Agreement”) between
WAIVER AND CONSENT AGREEMENT AND TWELFTH AMENDMENT TO CREDIT AND GUARANTY AGREEMENTWaiver and Consent Agreement • August 11th, 2017 • TerraForm Power, Inc. • Electric services • New York
THIS WAIVER AND CONSENT AGREEMENT AND TWELFTH AMENDMENT TO CREDIT AND GUARANTY AGREEMENT (this “Amendment”) is dated as of August 10, 2017 and is entered into by and among TERRAFORM POWER OPERATING, LLC, a Delaware limited liability company (“Borrower’’), the other Credit Parties party hereto, BARCLAYS BANK PLC (“Barclays”), as a Lender and as Administrative Agent (“Administrative Agent”) and the other Lenders party hereto, and is made with reference to that certain CREDIT AND GUARANTY AGREEMENT dated as of January 28, 2015 (as amended through the date hereof, the “Credit Agreement”) by and among Borrower, TERRAFORM POWER, LLC, a Delaware limited liability company (“Holdings”), the subsidiaries of Borrower named therein, the Lenders, the Administrative Agent, Collateral Agent and the other Agents named therein. Capitalized terms used herein without definition shall have the same meanings herein as set forth in the Credit Agreement.
WITNESSETHWaiver and Consent Agreement • November 14th, 2000 • Grandbanc Inc • State commercial banks
This Agreement, made as of the 11th day of October, 2000, by and among the GRANDBANC, INC. (the "Company"), a Maryland corporation located at 1800 Rockville Pike, Rockville, Maryland 20852; GRANDBANK (the "Bank"), a commercial bank chartered under the laws of the State of Maryland with its main office also at such address, and Steven K. Colliatie, residing at 9440 Brenner Court, Vienna, Virginia 22180 (the "Employee").
