Inc. Uses in Notices Clause

Notices from Executive Employment Agreement

THIS EXECUTIVE EMPLOYMENT AGREEMENT (this "Agreement"), is entered into and effective January 4, 2017, by and between ALLIANCE MMA, INC., a Delaware corporation ("Alliance"), and Brian Butler-Au, an individual and resident of the Commonwealth of Virginia ("Executive").

Notices. For purposes of this Agreement, notices and all other communications provided for herein will be in writing and will be deemed to have been given when delivered or mailed by United States registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Executive: Roundtable Creative, Inc. 3801 Barrington Branch Court Richmond, Virginia 23233 Attention: Brian Butler-Au Phone: (804) 833-6560 Email: bbutler@suckerpunchent.com If to Alliance: Alliance MMA, Inc. 590 Madison Avenue, 21st Floor New York, New York 10022 Attention: Paul K. Danner, III Phone: (212) 739-7825 Fax: (212) 658-9291 with copies to: Mazzeo Song P.C. 444 Madison Avenue, 4th Floor New York, NY 10022 Attention: Robert L. Mazzeo, Esq. Phone: (212) 599-0310 Fax: (212) 599-8400 or to such other address as either party hereto may have furnished to the other party in writing in accordance herewith, except that notices of change of address will be effective only upon receipt.

Notices from Executive Employment Agreement

THIS EXECUTIVE EMPLOYMENT AGREEMENT (this "Agreement"), is entered into and effective January 4, 2017, by and between ALLIANCE MMA, INC., a Delaware corporation ("Alliance"), and Bryan Hamper, an individual and resident of the State of Maryland ("Executive").

Notices. For purposes of this Agreement, notices and all other communications provided for herein will be in writing and will be deemed to have been given when delivered or mailed by United States registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Executive: Inc. (organization) values">Roundtable Creative, Inc. 310 Hook Road Westminster MD 21157 Attention: Bryan Hamper Phone: (443) 398-0951 Email: hamper@suckerpunchent.com If to Alliance: Alliance MMA, Inc. 590 Madison Avenue, 21st Floor New York, New York 10022 Attention: Paul K. Danner, III Phone: (212) 739-7825 Fax: (212) 658-9291 with copies to: Mazzeo Song P.C. 444 Madison Avenue, 4th Floor New York, NY 10022 Attention: Robert L. Mazzeo, Esq. Phone: (212) 599-0310 Fax: (212) 599-8400 or to such other address as either party hereto may have furnished to the other party in writing in accordance herewith, except that notices of change of address will be effective only upon receipt.

NOTICES from Agreement

THIS AGREEMENT, dated as of December 19, 2016 (this "Agreement"), by and among New York REIT, Inc., a Maryland corporation (together with its subsidiaries, the "Company"), New York Recovery Operating Partnership, L.P., a Delaware limited partnership (the "Operating Partnership"), and Winthrop REIT Advisors LLC, a Delaware limited liability company ("Service Provider");

NOTICES. Any notice, report or other communication (each a "Notice") required or permitted to be given hereunder shall be in writing unless some other method of giving such Notice is required by the Articles of Incorporation or Bylaws, and shall be given by being delivered by hand, by courier or overnight carrier or by registered or certified mail to the addresses set forth below: To the Company: New York REIT, Inc. 405 Park Avenue New York, New York 10022 Attention: Chief Executive Officer with copies (which shall not constitute Notice) to: Proskauer Rose LLP Eleven Times Square New York, New York 10036 Attention: Michael Choate Steven Lichtenfeld and: Debevoise & Plimpton LLP 919 Third Avenue New York, New York 10022 Attention: William D. Regner, Esq. To the Operating Partnership: New York Recovery Operating Partnership, L.P. c/o New York REIT, Inc., its General Partner 405 Park Avenue New York, New York 10022 Attention: Chief Executive Officer with copies (which shall not constitute Notice) to: Proskauer Rose LLP Eleven Times Square New York, New York 10036 Attention: Michael Choate, Esq. Steven Lichtenfeld, Esq. and: Debevoise & Plimpton LLP 919 Third Avenue New York, New York 10022 Attention: William D. Regner, Esq. To Service Provider: Winthrop REIT Advisors LLC 7 Bulfinch Place Suite 500 Boston, Massachusetts 02114 Attention: Carolyn Tiffany with a copy (which shall not constitute Notice) to: Meltzer, Lippe, Goldstein & Breitstone, LLP 190 Willis Avenue Mineola, New York 11501 Attention: David J. Heymann, Esq. Any party may at any time give Notice in writing to the other parties of a change in its address for the purposes of this Section 22.

NOTICES from Agreement

THIS AGREEMENT, dated as of December 19, 2016 (this "Agreement"), by and among New York REIT, Inc., a Maryland corporation (together with its subsidiaries, the "Company"), New York Recovery Operating Partnership, L.P., a Delaware limited partnership (the "Operating Partnership"), and Winthrop REIT Advisors LLC, a Delaware limited liability company ("Service Provider");

NOTICES. Any notice, report or other communication (each a "Notice") required or permitted to be given hereunder shall be in writing unless some other method of giving such Notice is required by the Articles of Incorporation or Bylaws, and shall be given by being delivered by hand, by courier or overnight carrier or by registered or certified mail to the addresses set forth below: To the Company: New York REIT, Inc. 405 Park Avenue New York, New York 10022 Attention: Chief Executive Officer with copies (which shall not constitute Notice) to: Proskauer Rose LLP Eleven Times Square New York, New York 10036 Attention: Michael Choate Steven Lichtenfeld and: Debevoise & Plimpton LLP 919 Third Avenue New York, New York 10022 Attention: William D. Regner, Esq. To the Operating Partnership: New York Recovery Operating Partnership, L.P. c/o New York REIT, Inc., its General Partner 405 Park Avenue New York, New York 10022 Attention: Chief Executive Officer with copies (which shall not constitute Notice) to: Proskauer Rose LLP Eleven Times Square New York, New York 10036 Attention: Michael Choate, Esq. Steven Lichtenfeld, Esq. and: Debevoise & Plimpton LLP 919 Third Avenue New York, New York 10022 Attention: William D. Regner, Esq. To Service Provider: Winthrop REIT Advisors LLC 7 Bulfinch Place Suite 500 Boston, Massachusetts 02114 Attention: Carolyn Tiffany with a copy (which shall not constitute Notice) to: Meltzer, Lippe, Goldstein & Breitstone, LLP 190 Willis Avenue Mineola, New York 11501 Attention: David J. Heymann, Esq. Any party may at any time give Notice in writing to the other parties of a change in its address for the purposes of this Section 22.

Notices from Mortgage and Security Agreement

THIS INDENTURE (hereinafter referred to as Mortgage) is made and given as of the 2nd day of December, 2016 by MINWOOD PARTNERS, INC., a Delaware corporation and FAMOUS DAVES OF AMERICA, INC., a Minnesota corporation (collectively, the Mortgagor) to VENTURE BANK, a Minnesota banking corporation (Mortgagee).

Notices. Any notices and other communications permitted or required by the provisions of this Mortgage (except for telephonic notices expressly permitted) shall be in writing and shall be deemed to have been properly given or served by depositing the same with the United States Postal Service, or any official successor thereto, designated as Certified Mail, Return Receipt Requested, bearing adequate postage, or deposited with reputable private courier or overnight delivery service, and addressed as hereinafter provided. Each such notice shall be effective upon being deposited as aforesaid. The time period within which a response to any such notice must be given, however, shall commence to run from the date of receipt of the notice by the addressee thereof. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to be receipt of the notice sent. By giving to the other party hereto at least ten (10) days notice thereof, either party hereto shall have the right from time to time to change its address and shall have the right to specify as its address any other address within the United States of America. Each notice to Mortgagee shall be addressed as follows: Venture Bank 2640 Eagan Woods Drive Eagan, MN 55121 Attn: Bryan Frandrup Phone No: (651) 289-2222 Fax No.: (651) 289-0200 Each notice to Mortgagor shall be addressed as follows: Minwood Partners, Inc. and Famous Daves of America, Inc. 12701 Whitewater Drive, Suite 200 Minnetonka, MN 55343 Attn: Chief Executive Officer

NOTICES from Purchase and Sale Agreement

THIS PURCHASE AND SALE AGREEMENT (this "Agreement"), made as of the 31st day of October, 2016, ("Effective Date") by and between CENTER PARKING ASSOCIATES LIMITED PARTNERSHIP, a Michigan limited partnership, having an address at 121 West Long Lake Road, Suite 200, Bloomfield Hills, Michigan 48304 ("Seller"), and MVP DETROIT CENTER GARAGE, LLC, a Delaware limited liability company, having an address at 8880 W. Sunset Road, Suite 200, Las Vegas, Nevada 89148 ("Purchaser"), each sometimes referred to herein individually as a "Party" and together as the "Parties".

NOTICES. All notices, requests, consents, approvals, responses, waivers or other communications (each, a "notice") required or permitted to be given hereunder shall be given in writing and shall be delivered by (i) a commercial overnight courier that guarantees next business day delivery and provides a receipt or other evidence of delivery; or (ii) electronic mail, and such notices shall be addressed to the addresses for the respective Parties, as set forth below. Such notices shall be deemed received upon the earlier of receipt or, if emailed, the date of electronic or mechanical confirmation of delivery, provided that all notices sent by email shall also be sent within one (1) business day thereafter by commercial overnight courier or via U.S. first class mail, postage prepaid. Seller and Purchaser may from time to time by written notice to the other Party designate different and/or other address(es) for receipt of future notices. To Seller: Center Parking Associates Limited Partnership 121 West Long Lake Road, Suite 200 Bloomfield Hills, Michigan 48304 Attention: Lawrence Jackier email: jackier@jackiergould.com Attention: Dale Rands email: drands@rankauf.com with a copy to: Dawda Mann PLC Dawda Mann Building 39533 Woodward Avenue, Suite 200 Bloomfield Hills, Michigan 48304 Attention: Edward C. Dawda email: edawda@dmms.com Attention: Todd A. Schafer email: tschafer@dmms.com To Purchaser: c/o MVP REIT, Inc. 8880 W. Sunset Road, Suite 200 Las Vegas, Nevada 89148 Attention: Dan Huberty email: dan@mvpreits.com with a copy to: Craig D. Burr 8880 W. Sunset Road, Suite 210 Las Vegas, Nevada 89148 email: craig@craigburr.com and: Jones Day 901 Lakeside Avenue Cleveland, Ohio 44114 Attention: Stephen C. Mixter email: smixter@jonesday.com To Title Company/Escrow Agent: National Commercial Services 900 Wilshire Drive, Suite 300 Troy, Michigan 48084 Attention: Patricia A. Cadena email: pcadena@firstam.com Any notice sent by the attorney representing a Party, shall qualify as notice under this Agreement.

Notices from Mortgage and Security Agreement

THIS INDENTURE (hereinafter referred to as Mortgage) is made and given as of the 2nd day of December, 2016 by MINWOOD PARTNERS, INC., a Delaware corporation and FAMOUS DAVES OF AMERICA, INC., a Minnesota corporation (collectively, the Mortgagor) to VENTURE BANK, a Minnesota banking corporation (Mortgagee).

Notices. Any notices and other communications permitted or required by the provisions of this Mortgage (except for telephonic notices expressly permitted) shall be in writing and shall be deemed to have been properly given or served by depositing the same with the United States Postal Service, or any official successor thereto, designated as Certified Mail, Return Receipt Requested, bearing adequate postage, or deposited with reputable private courier or overnight delivery service, and addressed as hereinafter provided. Each such notice shall be effective upon being deposited as aforesaid. The time period within which a response to any such notice must be given, however, shall commence to run from the date of receipt of the notice by the addressee thereof. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to be receipt of the notice sent. By giving to the other party hereto at least ten (10) days notice thereof, either party hereto shall have the right from time to time to change its address and shall have the right to specify as its address any other address within the United States of America. Each notice to Mortgagee shall be addressed as follows: Venture Bank 2640 Eagan Woods Drive Eagan, MN 55121 Attn: Bryan Frandrup Phone No: (651) 289-2222 Fax No.: (651) 289-0200 Each notice to Mortgagor shall be addressed as follows: Minwood Partners, Inc. and Famous Daves of America, Inc. 12701 Whitewater Drive, Suite 200 Minnetonka, MN 55343 Attn: Chief Executive Officer

Notices from Promissory Note

FOR VALUE RECEIVED, the undersigned, FAMOUS DAVES OF AMERICA, INC., a Minnesota corporation, D&D OF MINNESOTA, INC., a Minnesota corporation, FAMOUS DAVES RIBS OF MARYLAND, INC., a Minnesota corporation, FAMOUS DAVES RIBS, INC., a Minnesota corporation, FAMOUS DAVES RIBS-U, INC., a Minnesota corporation, and LAKE & HENNEPIN BBQ & BLUES, INC., a Minnesota corporation (collectively the Borrower), agrees and promises to pay to the order of VENTURE BANK, a Minnesota banking corporation, its endorsees, successors and assigns (Lender), at its principal office at 2640 Eagan Woods Drive, Eagan, Minnesota or such other place as the Lender may from time to time designate, the principal sum of six million three hundred thousand and no/100 dollars ($6,300,000.00) or so much as may from time to time be disbursed, together with interest, upon the following terms and conditions:

Notices. Any notices and other communications permitted or required by the provisions of this Note (except for telephonic notices expressly permitted) must be in writing and will be deemed to have been properly given or served by depositing the same with the United States Postal Service, or any official successor, designated as Certified Mail, Return Receipt Requested, bearing adequate postage, or deposited with reputable private courier or overnight delivery service, and addressed as provided below. Each such notice will be effective upon being deposited or delivered as aforesaid. The time period within which a response to any such notice must be given, however, will commence to run from the date of receipt of the notice by the addressee. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given will be deemed to be receipt of the notice sent. By giving to the other party at least ten (10) days notice, either party will have the right from time to time to change its address and will have the right to specify as its address any other address within the United States of America. Each notice to Lender will be addressed as follows: Venture Bank 2640 Eagan Woods Drive Eagan, MN 55121 Attn: Bryan Frandrup Phone No: (651) 289-2222 Fax No.: (651) 289-0200 Each notice to Borrower will be addressed as follows: Famous Daves of America, Inc. D&D of Minnesota, Inc. Famous Daves Ribs of Maryland, Inc. Famous Daves Ribs, Inc. Famous Daves Ribs-U, Inc. Lake & Hennepin BBQ & Blues, Inc. 12701 Whitewater Drive, Suite 200 Minnetonka, MN 55343 Attn: Chief Executive Officer Phone No: (952) 294-1300 Fax No.: ( )

Notices from Promissory Note

FOR VALUE RECEIVED, the undersigned, FAMOUS DAVES OF AMERICA, INC., a Minnesota corporation, and MINWOOD PARTNERS, INC., a Delaware corporation (collectively the Borrower), agrees and promises to pay to the order of VENTURE BANK, a Minnesota banking corporation, its endorsees, successors and assigns (Lender), at its principal office at 2640 Eagan Woods Drive, Eagan, Minnesota or such other place as the Lender may from time to time designate, the principal sum of three million seven hundred thousand and no/100 dollars ($3,700,000.00) or so much as may from time to time be disbursed, together with interest, upon the following terms and conditions:

Notices. Any notices and other communications permitted or required by the provisions of this Note (except for telephonic notices expressly permitted) must be in writing and will be deemed to have been properly given or served by depositing the same with the United States Postal Service, or any official successor, designated as Certified Mail, Return Receipt Requested, bearing adequate postage, or deposited with reputable private courier or overnight delivery service, and addressed as provided below. Each such notice will be effective upon being deposited or delivered as aforesaid. The time period within which a response to any such notice must be given, however, will commence to run from the date of receipt of the notice by the addressee. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given will be deemed to be receipt of the notice sent. By giving to the other party at least ten (10) days notice, either party will have the right from time to time to change its address and will have the right to specify as its address any other address within the United States of America. Each notice to Lender will be addressed as follows: Venture Bank 2640 Eagan Woods Drive Eagan, MN 55121 Attn: Bryan Frandrup Phone No: (651) 289-2222 Fax No.: (651) 289-0200 Each notice to Borrower will be addressed as follows: Famous Daves of America, Inc. Minwood Partners, Inc. 12701 Whitewater Drive, Suite 200 Minnetonka, MN 55343 Attn: Chief Executive Officer Phone No: (952) 294-1300 Fax No.: ( )

Notices from Promissory Note

FOR VALUE RECEIVED, the undersigned, FAMOUS DAVES OF AMERICA, INC., a Minnesota corporation, D&D OF MINNESOTA, INC., a Minnesota corporation, FAMOUS DAVES RIBS OF MARYLAND, INC., a Minnesota corporation, FAMOUS DAVES RIBS, INC., a Minnesota corporation, FAMOUS DAVES RIBS-U, INC., a Minnesota corporation, and LAKE & HENNEPIN BBQ & BLUES, INC., a Minnesota corporation (collectively the Borrower), agrees and promises to pay to the order of VENTURE BANK, a Minnesota banking corporation, its endorsees, successors and assigns (Lender), at its principal office at 2640 Eagan Woods Drive, Eagan, Minnesota or such other place as the Lender may from time to time designate, the principal sum of one million and no/100 dollars ($1,000,000.00) or so much as may from time to time be disbursed, together with interest, upon the following terms and conditions:

Notices. Any notices and other communications permitted or required by the provisions of this Note (except for telephonic notices expressly permitted) must be in writing and will be deemed to have been properly given or served by depositing the same with the United States Postal Service, or any official successor, designated as Certified Mail, Return Receipt Requested, bearing adequate postage, or deposited with reputable private courier or overnight delivery service, and addressed as provided below. Each such notice will be effective upon being deposited or delivered as aforesaid. The time period within which a response to any such notice must be given, however, will commence to run from the date of receipt of the notice by the addressee. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given will be deemed to be receipt of the notice sent. By giving to the other party at least ten (10) days notice, either party will have the right from time to time to change its address and will have the right to specify as its address any other address within the United States of America. Each notice to Lender will be addressed as follows: Venture Bank 2640 Eagan Woods Drive Eagan, MN 55121 Attn: Bryan Frandrup Phone No: (651) 289-2222 Fax No.: (651) 289-0200 Each notice to Borrower will be addressed as follows: Famous Daves of America, Inc. D&D of Minnesota, Inc. Famous Daves Ribs of Maryland, Inc. Famous Daves Ribs, Inc. Famous Daves Ribs-U, Inc. Lake & Hennepin BBQ & Blues, Inc. 12701 Whitewater Drive, Suite 200 Minnetonka, MN 55343 Attn: Chief Executive Officer Phone No: (952) 294-1300 Fax No.: ( )