Agreement of Settlement and Release (November 2nd, 2009)
Amendment to Employment Agreement (March 10th, 2008)
AMENDMENT NO. 1 dated November 14, 2007 ("Amendment"), to the EMPLOYMENT AGREEMENT made as of December 26, 2005 (the "Employment Agreement"), by and between MDC PARTNERS INC., a Canadian corporation (the "Company"), and GRAHAM ROSENBERG (the "Executive").
Second Amended and Restated Limited Liability Company Agreement of Zyman Group, Llc (March 10th, 2008)
It is the intention of the Members that, subject to clause (b) below, the Company shall generally make Distributions as described in 3.4(a)(i), (ii), (iii) and (iv) above on a quarterly basis, generally in arrears of no more than 90 days, based upon the financial statements and the then-current forecasts prepared in good faith by the officers of the Company and its subsidiaries and taking into account the ongoing capital requirements of the Company. Determinations as to the amount of such distributions shall be made by MDC in good faith after consultation with Zyman. Furthermore, in the event that MDC reasonably anticipates that, based on the financial statements and then-current forecasts of the Company and its subsidiaries, the Company will be able to make distributions in an amount equal to the amount set forth in Section 3.4(a)(i) and (ii) above during a g
Employment Agreement (March 16th, 2006)
AGREEMENT dated as of December 26, 2005 (this Agreement) by and between MDC PARTNERS INC., a corporation existing under the laws of Canada (the Company), and GRAHAM LAWRENCE ROSENBERG (the Executive).
Amended and Restated Limited Liability Company Agreement of Zyman Group, Llc (April 1st, 2005)
THIS AMENDED AND RESTATED OPERATING AGREEMENT (this Agreement) dated April 1, 2005, is made and entered into by and among ZG ACQUISITION INC., a Delaware corporation (MDC), ZYMAN COMPANY, INC., a Delaware corporation (Zyman); the management unitholders signatory hereto (together with any management unitholders who are admitted as members following the date hereof pursuant to Section 2.4, the Management Unitholders (which term, for the avoidance of any doubt, shall not include Sergio Zyman (SZ)); the Management Unitholders together with Zyman and MDC collectively referred to as the Members and individually a Member), MDC PARTNERS INC., a corporation organized under the federal laws of Canada (MDC Partners), and ZYMAN GROUP, LLC, a Delaware limited liability company (the Company). Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to such terms in Article XIII.
Contract (December 20th, 2004)
Exhibit 10.13 EXECUTION COPY =============================================================================== CREDIT AGREEMENT dated as of September 22, 2004 between MDC PARTNERS INC., a Canadian corporation MAXXCOM INC., an Ontario corporation and MAXXCOM INC., a Delaware corporation, as Borrowers THE LENDERS PARTY HERETO, as Lenders, JPMORGAN CHASE BANK, as U.S. Administrative Agent and Collateral Agent and
Contract (November 24th, 2004)
Exhibit 10.1 ------------- EXECUTION COPY AMENDMENT NO. 1 AMENDMENT NO. 1 dated as of November 19, 2004 to the Credit Agreement referred to below, between MDC Partners Inc., a Canadian corporation ("MDC Partners"), Maxxcom Inc., an Ontario corporation ("Maxxcom Canada"), Maxxcom Inc., a Delaware corporation ("Maxxcom U.S." and together with MDC Partners and Maxxcom Canada, the "Borrowers"), each of the Lenders identified under the caption "LENDERS" on the signature pages hereto and JPMorgan Chase Bank, N.A. (formerly known as JPMorgan Chase Bank), as U.S. administrative agent for the Lenders (in such capacity, the "U.S. Administrative Agent"). The Borrowers, the Lenders party thereto (individually, a "Lender" and, collectively, the "Lenders"), the U.S. Administrative Agent, JPMorgan Chase Bank, as Coll
Contract (May 10th, 2004)
Exhibit 10.1.2 UNDERWRITING AGREEMENT July 18, 2003 MDC Corporation Inc. 45 Hazelton Avenue Toronto, Ontario M5R 2E3 - - and - Ashton Potter Canada Inc. 45 Hazelton Avenue Toronto, Ontario M5R 2E3 Dear Sirs: We understand that MDC Corporation Inc. and Ashton Potter Canada Inc. (the "VENDORS") propose to sell to the Underwriters (as defined below), an aggregate of 2,963,804 previously issued trust units (the "UNITS") of Custom Direct Income Fund. Upon and subject to the terms and conditions contained in this agreement, CIBC World Markets Inc. ("CIBC WORLD MARKETS"), TD Securities Inc., Scotia Capital Inc., BMO Nesbitt Burns Inc., National Bank Financial Inc. and Griffiths McBurney & Partners (collectively, the "UNDERWRITERS", and each, an "UNDERWRITER") hereby severally offer to purchase from the Vendors in the respective percentages set out in Section 18, and the Vendors hereby agree to sell to the Underwriters, all but not less than all o