AND AGREED TO BY definition

AND AGREED TO BY. BORROWER: DELTA PETROLEUM CORPORATION, a Delaware corporation By: /s/ Xxxxx X. Xxxxx Xxxxx X. Xxxxx, Chief Financial Officer and Treasurer CREDIT PARTIES: DELTA EXPLORATION COMPANY, INC., a Colorado corporation By: /s/ Xxxxx X. Xxxxx Xxxxx X. Xxxxx, Chief Financial Officer and Treasurer PIPER PETROLEUM COMPANY, a Colorado corporation By: /s/ Xxxxx X. Xxxxx Xxxxx X. Xxxxx, Chief Financial Officer and Treasurer Signature Page Letter Agreement Dated April 14, 2009 DELTA PETROLEUM CORPORATION CASTLE TEXAS EXPLORATION LIMITED PARTNERSHIP, a Texas limited partnership By: Delta Petroleum Corporation, a Delaware corporation, its general partner By: /s/ Xxxxx X. Xxxxx Xxxxx X. Xxxxx, Chief Financial Officer and Treasurer DPCA LLC, a Delaware limited liability company By: /s/ Xxxxx X. Xxxxx Xxxxx X. Xxxxx, Chief Financial Officer and Treasurer DELTA PIPELINE, LLC, a Colorado limited liability company By: Delta Petroleum Corporation, a Delaware corporation, its sole manager and sole member By: /s/ Xxxxx X. Xxxxx Xxxxx X. Xxxxx, Chief Financial Officer and Treasurer DELTA RISK MANAGEMENT, LLC, a Colorado limited liability company By: Delta Petroleum Corporation, a Delaware corporation, its sole manager and sole member By: /s/ Xxxxx X. Xxxxx Xxxxx X. Xxxxx, Chief Financial Officer and Treasurer Signature Page Letter Agreement Dated April 14, 2009 DELTA PETROLEUM CORPORATION BANK: JPMORGAN CHASE BANK, N.A. By: /s/ Xxxxx Xxxxxxx Xxxxx Xxxxxxx, Vice President Signature Page Letter Agreement Dated April 14, 2009 DELTA PETROLEUM CORPORATION BANK: BANK OF MONTREAL By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director Signature Page Letter Agreement Dated April 14, 2009 DELTA PETROLEUM CORPORATION BANK: DEUTSCHE BANK TRUST COMPANY AMERICAS By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Vice President By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President Signature Page Letter Agreement Dated April 14, 2009 DELTA PETROLEUM CORPORATION BANK: KEYBANK NATIONAL ASSOCIATION By: Name: Title: Signature Page Letter Agreement Dated April 14, 2009 DELTA PETROLEUM CORPORATION BANK: U.S. BANK NATIONAL ASSOCIATION By: Name: Title: Signature Page Letter Agreement Dated April 14, 2009 DELTA PETROLEUM CORPORATION BANK: BANK OF OKLAHOMA, N.A. By: Name: Title: Signature Page Letter Agreement Dated April 14, 2009 DELTA PETROLEUM CORPORATION
AND AGREED TO BY. GUARANTOR: GRANITE POINT MORTGAGE TRUST INC., a Maryland corporation By: /s/ Xxxxxxx X. Karber__________________________ Name: Xxxxxxx X. Xxxxxx Title: Deputy General Counsel Signature Page to Sixth Amendment to MRA Exhibit A (Schedule 1 to Master Repurchase Agreement) Schedule 1 Maximum Purchase Percentage LTV Maximum Purchase Percentage Less than or equal to 60% 75%-80% Greater than 60% but less than or equal to 75%-80% 65% Greater than 65% but less than or equal to 75%-80% 70% Greater than 70% but less than or equal to 75%-80% 75% Greater than 75% but less than or equal to 75% 80% 7 LEGAL_US_E # 143254161.2
AND AGREED TO BY. BISYS INFORMATION SOLUTIONS L.P. By: BISYS, INC., General Partner By: /s/ Xxxxxx X. Xxxxxx ------------------------------------------------ Name: Xxxxxx X. Xxxxxx Title: Executive Vice President BISYS DOCUMENT SOLUTIONS, L.P. By: BISYS DOCUMENT SOLUTIONS, INC., General Partner By: /s/ Xxxxxx X. Xxxxxx ------------------------------------------------ Name: Xxxxxx X. Xxxxxx Title: Executive Vice President BISYS RETIREMENT SERVICES LP By: BPS (GP) INC., General Partner By: /s/ Xxxxxx X. Xxxxxx ------------------------------------------------ Name: Xxxxxx X. Xxxxxx Title: Executive Vice President THE TONER ORGANIZATION, INC. LIFE BROKERAGE CORPORATION BISYS PLAN SERVICES, INC. XXXXXXXX XXXXX, INC. HEMISPHERE FINANCIAL SERVICES, INC. BISYS MANAGEMENT COMPANY XXXXXX PUBLICATIONS, LLC AS TO EACH OF THE FOREGOING: By: /s/ Xxxxxx X. Xxxxxx ------------------------------------------------ Name: Xxxxxx X. Xxxxxx Title: Executive Vice President

Examples of AND AGREED TO BY in a sentence

  • AS A MATERIAL PART OF THE CONSIDERATION TO BE RECEIVED BY THE SELLER UNDER THIS AGREEMENT AS NEGOTIATED AND AGREED TO BY THE PURCHASER AND THE SELLER, THE PURCHASER ACKNOWLEDGES AND AGREES TO ACCEPT THE PROPERTY IN "AS IS" CONDITION AT THE TIME OF CLOSING, INCLUDING, WITHOUT LIMITATION, ANY DEFECTS OR ENVIRONMENTAL CONDITIONS AFFECTING THE PROPERTY, WHETHER KNOWN OR UNKNOWN, WHETHER SUCH DEFECTS OR CONDITIONS WERE DISCOVERABLE THROUGH INSPECTION OR NOT.

  • ALL PROVISIONS LISTED WITHIN THIS BID BECOME A PART OF THE TERMS AND CONDITIONS OF ANY RESULTING CONTRACT UNLESS SPECIFICALLY EXCLUDED AND AGREED TO BY LUFKIN lSD.

  • AS A MATERIAL PART OF THE CONSIDERATION TO BE RECEIVED BY THE SELLER UNDER THIS AGREEMENT AS NEGOTIATED AND AGREED TO BY THE PURCHASER AND THE SELLER, THE PURCHASER ACKNOWLEDGES AND AGREES TO ACCEPT THE PROPERTY IN "AS IS" CONDITION AT THE TIME OF CLOSING, INCLUDING, WITHOUT LIMITATION, ANY HIDDEN DEFECTS OR ENVIRONMENTAL CONDITIONS AFFECTING THE PROPERTY, WHETHER KNOWN OR UNKNOWN WHETHER SUCH DEFECTS OR CONDITIONS WERE DISCOVERABLE THROUGH INSPECTION OR NOT.

  • Obesity in the South Bronx: A Look Across Generations.” New York, NY: New York City Department of Health and Mental Hygiene, 2007.

  • Xxxxxxxx Executive Financial Officer ACCEPTED AND AGREED TO BY: BANK OF AMERICA, NT & SA By /s/ Xxxxxxx X.

  • ACKNOWLEDGED AND AGREED TO BY: DELTA EXPLORATION COMPANY, INC., a Colorado corporation By: /s/ Xxxxx X.

  • AS A MATERIAL PART OF THE CONSIDERATION TO BE RECEIVED BY THE SELLER UNDER THE AGREEMENT AS NEGOTIATED AND AGREED TO BY THE BUYER AND THE SELLER, THE BUYER ACKNOWLEDGES AND AGREES TO ACCEPT THE PROPERTY IN "AS IS" CONDITION AT THE TIME OF CLOSING, INCLUDING, WITHOUT LIMITATION, ANY HIDDEN DEFECTS OR ENVIRONMENTAL CONDITIONS AFFECTING THE PROPERTY, WHETHER KNOWN OR UNKNOWN, WHETHER SUCH DEFECTS OR CONDITIONS WERE DISCOVERABLE THROUGH INSPECTION OR NOT.

  • LANDLORD AND TENANT ACKNOWLEDGE BY THEIR EXECUTION OF THIS LEASE THAT EACH OF THE INDEMNIFICATION PROVISIONS OF THIS LEASE (SPECIFICALLY INCLUDING BUT NOT LIMITED TO THOSE RELATING TO WORKER'S COMPENSATION BENEFITS AND LAWS) WERE SPECIFICALLY NEGOTIATED AND AGREED TO BY LANDLORD AND TENANT.

  • ALL PROVISIONS LISTED WITHIN THIS BID BECOME A PART OF THE TERMS AND CONDITIONS OF ANY RESULTING CONTRACT UNLESS SPECIFICALLY EXCLUDED AND AGREED TO BY PFLUGERVILLE ISD.ANY EXCEPTIONS MUST BE LISTED ON THE DEVIATIONS PAGE WITHIN THIS INQUIRY.

  • Dated: , 2002 APPROVED AND AGREED TO BY AND ON BEHALF OF PETITIONERS Xxxx Xxxxxxxx, President FDSA Dated: , 2002 APPROVED AND AGREED TO BY AND ON BEHALF OF RESPONDENT Xxxxxxx Xxxxxx, Fresno County Sheriff REVIEWED AND RECOMMENDED FOR APPROVAL By XXXX XXXX County Administrative Officer REVIEWED AS TO LEGAL FORM XXXXXXX X.

Related to AND AGREED TO BY

  • AGREED TO AGREED TO: Date: Date: By: By:

  • By:______________________________ By Name: Name: Title: Title:

  • And whereas The Lessee wishes to lease the Leased Premises from the Lessor in unprotected lease and to sign the Management Agreement, inter alia, as stated hereunder, and the Appendixes of this Agreement in accordance with the provisions set forth in this Agreement;

  • Agreed Terms means, in relation to a document, such document in the terms agreed between the Seller and the Purchaser and signed for identification by the Purchaser and the Seller with such alterations as may be agreed in writing between the Seller and the Purchaser from time to time;

  • Consent and Agreement means the Manufacturer Consent and Agreement [____], dated as of even date with the Participation Agreement, of Airframe Manufacturer.

  • By: Name Title: Date: Documents returned to Custodian: ---------------------------- as Custodian By____________________________ Name: Title: Date: EXHIBIT C ORIGINATORS EQUICREDIT CORPORATION OF AMERICA EQUICREDIT CORPORATION/ALA. & MISS. CALIFORNIA/EQUICREDIT CORPORATION EQUICREDIT CORPORATION OF IN. EQUICREDIT CORPORATION OF PA. EQUICREDIT CORPORATION OF SC EXHIBIT D Transfer Certificate ________ __, 199_ THE FIRST NATIONAL BANK OF BOSTON as Custodian under the Custodial Agreement (defined below) 100 Federal Street Boston, Massachusetts 02110 XX: Xxxxxxxxx Xxxxxxxxx, xxxxx xx xx March 1, 1997 (the "Custodial Agreement"), by and among the Originators listed in Exhibit C thereto (collectively, the "Originators"), Equicredit Corporation of America, as Representative (the "Representative") and as Servicer (the "Servicer"), EQCC Receivables Corporation and EQCC Asset Backed Corporation (collectively, the "Depositors"), First Bank National Association, as Trustee (the "Trustee") and The First National Bank of Boston, as Custodian (the "Custodian") To whom it may concern: Pursuant to Section 3.1 of the above-referenced Custodial Agreement (capitalized terms used herein but not otherwise defined shall have the same meanings assigned to such terms in the Custodial Agreement), we hereby advise you of the Transfer by the undersigned to [Depositor][the Trustee] of the Mortgage Loans identified on the Mortgage Loan Schedule[s] attached [hereto] [to the [Depositor's Trust Receipt[s]] with respect to the undersigned which we are delivering to you for cancellation]. You are instructed to deliver to [Depositor][the Trustee] a [Depositor's] [Trustee's] Trust Receipt evidencing [such Depositor's] [the Trustee's] interest in these Mortgage Loans. Very truly yours, [--------------------------------] By________________________________ Name: Title: SCHEDULE I MORTGAGE LOAN SCHEDULE

  • AND TO The registrar and transfer agent for the securities of Response Biomedical Corp. The undersigned (A) acknowledges that the sale of the securities of Response Biomedical Corp. (the “Company”) [represented by certificate number/described in the direct registration system advice with holder account number] ___________________, to which this declaration relates was made in reliance on Rule 904 of Regulation S under the United States Securities Act of 1933, as the same has been, and hereafter from time to time, may be amended (the “U.S. Securities Act”) and (B) certifies that (1) the undersigned is not an “affiliate” of the Company as that term is defined in Rule 405 under the U.S. Securities Act, a “distributor” or an affiliate of “distributor”, (2) the offer of such securities was not made to a person in the United States and either (a) at the time the buy order was originated, the buyer was outside the United States, or the seller and any person acting on its behalf reasonably believed that the buyer was outside the United States or (b) the transaction was executed on or through the facilities of a “designated offshore securities market” (as defined in Rule 902 of Regulation S under the U.S. Securities Act) and neither the seller nor any person acting on its behalf knows that the transaction has been prearranged with a buyer in the United States, (3) neither the seller nor any affiliate of the seller nor any person acting on their behalf has engaged or will engage in any “directed selling efforts” in the United States in connection with the offer and sale of such securities, (4) the sale is bona fide and not for the purpose of “washing-off” the resale restrictions imposed because the securities are “restricted securities” as that term is described in Rule 144(a)(3) under the U.S. Securities Act, (5) the seller does not intend to replace such securities sold in reliance on Rule 904 of the U.S. Securities Act with fungible unrestricted securities, and (6) the contemplated sale is not a transaction, or part of a series of transactions, which, although in technical compliance with Regulation S under the U.S. Securities Act, is part of a plan or scheme to evade the registration provisions of the U.S. Securities Act. Unless otherwise specified, terms set forth above in quotation marks have the meanings given to them by Regulation S under the U.S. Securities Act. DATED at __________ this ___ day of __________, 20__. By: Name: Title: AFFIRMATION BY SELLER’S BROKER-DEALER (REQUIRED FOR SALES IN ACCORDANCE WITH SECTION (B)(2)(B) ABOVE) We have read the foregoing representations of our customer, _________________________ (the “Seller”) dated _______________________, with regard to our sale, for such Seller’s account, of the securities of the Company described therein, and on behalf of ourselves we certify and affirm that (A) we have no knowledge that the transaction had been prearranged with a buyer in the United States, (B) the transaction was executed on or through the facilities of a “designated offshore securities market” (as defined in Rule 902 of Regulation S under the U.S. Securities Act); (C) neither we, nor any person acting on our behalf, engaged in any directed selling efforts in connection with the offer and sale of such securities, and (D) no selling concession, fee or other remuneration is being paid to us in connection with this offer and sale other than the usual and customary broker’s commission that would be received by a person executing such transaction as agent. Terms used herein have the meanings given to them by Regulation S under the U.S. Securities Act. Name of Firm By: Date: Authorized officer

  • ACCEPTED AND AGREED [TRANSFEREE] _________________________________ (Name)

  • the/this Agreement means the agreement as set out in this document and the Appendices hereto;

  • ESFA means the Education and Skills Funding Agency.

  • Signed by TITLE: FIRM: TELEPHONE NO: ADDRESS: DATE: CITY: STATE: ZIP: FEDERAL I.D. NO. OR SOCIAL SECURITY NO.: TAXPAYER IDENTIFICATION NUMBER REQUEST Eastern Kentucky University requires a Federal Tax Identification number or Social Security number for all vendors or persons doing business with the University in order to comply with Federal Regulations and tax reporting requirements. Please take a few minutes to fill out this information and return to us to ensure prompt payment of your invoices. Thank you for the valuable service you have provided Eastern Kentucky University, and we look forward to a long and lasting relationship. IF SENDING A W-9, PLEASE RETURN THIS FORM ALSO. For your convenience, you may return the information one of the following ways: FAX: Attn: Xxxxx @ 000-000-0000 E-Mail: Xxxxx.Xxxxxx@xxx.xxx Facilities Management Mail: Purchasing Division Eastern Kentucky University 000 Xxxxxxxxx Xxxxxx Phone: 000-000-0000 Commonwealth 1411 Xxxxxxxx, Xxxxxxxx 00000 Phone # (000)000-0000 Please type or print legibly VENDOR INFORMATION Name of Firm * (Company or Individual) Phone Number * Make Checks Payable To * Address * Fax Number * Payment Address * Address Web Site Address or E-mail Payment Address Address Vendor Representative Name on Invoice * City * State * Zip* Federal Tax ID Number ** Social Security Number ** Willing to accept ACH payments * Yes No Bank Routing # Bank Account # Willing to accept credit card payments* Yes No Payment Terms * * required fields **Federal Tax ID Number- This field must be completed if “Name of Firm” is a company name. Social Security Number- This field must be completed if “Name of Firm” is an individual’s name. CERTIFICATION Under penalties of perjury. I certify that:

  • Ready-to-eat food means food that is in a form that is edible without washing, cooking, or additional preparation by the food establishment or the consumer and that is reasonably expected to be consumed in that form. Ready-to-eat food includes:

  • AS IS, WHERE IS AS IS, WHERE IS, without warranty, express or implied, with respect to any matter whatsoever; (4) “business day”: any day, other than a Saturday, Sunday, or legal holiday for commercial banks under the laws of the state of the Lessor’s notice address; (5) “governmental authority”: any federal, state, county, municipal, regional or other governmental authority, agency, board, body, instrumentality or court, in each case, whether domestic or foreign; (6) “person”: any individual, corporation, limited liability entity, partnership, joint venture, or other legal entity or a governmental authority, whether employed, hired, affiliated, owned, contracted with, or otherwise related or unrelated to Lessee or Lessor; and (7) “UCC” or “Uniform Commercial Code”: the Uniform Commercial Code as in effect in the State or in any other applicable jurisdiction; and any reference to an article (including Article 2A) or section thereof shall mean the corresponding article or section (however termed) of any such applicable version of the Uniform Commercial Code. (b) The following terms when used herein or in any of the Schedules shall be construed as follows: (1) “herein,” “hereof,” “hereunder,” etc.: in, of, under, etc. this Lease or such other Lease Document in which such term appears (and not merely in, of, under, etc. the section or provision where the reference occurs); (2) “including”: means including without limitation unless such term is followed by the words “and limited to,” or similar words; and (3) “or”: at least one, but not necessarily only one, of the alternatives enumerated. Any defined term used in the singular preceded by “any” indicates any number of the members of the relevant class. Any Lease Document or other agreement or instrument referred to herein means such agreement or instrument as supplemented and amended from time to time. Any reference to Lessor or Lessee shall include their permitted successors and assigns. Any reference to an applicable law shall also mean such law as amended, superseded or replaced from time to time.

  • and/or is used herein to mean both “and” as well as “or.” The use of “and/or” in certain contexts in no respects qualifies or modifies the use of the terms “and” or “or” in others. The term “or” shall not be interpreted to be exclusive and the term “and” shall not be interpreted to require the conjunctive (in each case, unless the context otherwise requires);

  • Animated sign means any kinetic or illusionary motion of all or any part of a sign and includes the rotation of a sign but does not include a changing copy sign;

  • Authorized Signature means the signature of an individual authorized to receive funds on behalf of an applicant and responsible for the execution of the applicant’s project.

  • Authorized Signatory means such senior personnel of a Person as may be duly authorized and designated in writing by such Person to execute documents, agreements and instruments on behalf of such Person.

  • General Provisions means those portions of the Subscription Agreement headed “General Provisions” and contained on pages 7 to 12;

  • WITNESSED BY By: /s/S. Xxxx Xxxx By: /s/Xxxxx Xxxxxx --------------- --------------- Xxxxx Xxxxxx Treasurer First Financial Fund, Inc. The High Yield Plus Fund, Inc.

  • Express Waiver I desire to expressly waive any claim of confidentiality as to any and all information contained within our response to the competitive procurement process (e.g. RFP, CSP, Bid, RFQ, etc.) by completing the following and submitting this sheet with our response to Education Service Center Region 8 and TIPS. Signature Date

  • Residential construction means construction on single-family or two-family dwellings occupied or used, or intended to be occupied or used, primarily for residential purposes, and includes real property pursuant to chapter 499B.

  • Authorized Signer is any individual listed in Borrower’s Borrowing Resolution who is authorized to execute the Loan Documents, including making (and executing if applicable) any Credit Extension request, on behalf of Borrower.

  • Intentional Wrongdoing means an act or omission taken or omitted by a Party with knowledge or intent that injury or damage could reasonably be expected to result.

  • Warranties - means collectively any and all warranties (if any) given by the Bidder in terms of this agreement.

  • the Constitution means the Constitution of the Republic of South Africa, Act 108 of 1996

  • Unauthorized signature means a signature made without actual, implied, or apparent authority. The term includes a forgery.