AND OTHER MATTERS. SECTION 5.1. Maintenance, Utilities, Taxes and Assessments 10 SECTION 5.2. Modification of Leased Property 10 SECTION 5.3. Liability and Property Damage Insurance 11 SECTION 5.4. Casualty Insurance 11 SECTION 5.5. Rental Interruption Insurance 11 SECTION 5.6. Recordation Hereof; Title Insurance 12 SECTION 5.7. Insurance Net Proceeds; Form of Policies 12 SECTION 5.8. Installation of City’s Personal Property 12 SECTION 5.9. Liens 12 SECTION 5.10. Advances 13 ARTICLE VI: DAMAGE, DESTRUCTION AND EMINENT DOMAIN; USE OF NET PROCEEDS: SECTION 6.1. Application of Net Proceeds 13 SECTION 6.2. Termination or Abatement Due to Eminent Domain 13 SECTION 6.3. Abatement Due to Damage or Destruction 13 ARTICLE VII: OTHER COVENANTS OF THE CITY: SECTION 7.1. Disclaimer of Warranties 14 SECTION 7.2. Access to the Leased Property 14 SECTION 7.3. Release and Indemnification Covenants 14 SECTION 7.4. Assignment and Subleasing by the City 15 SECTION 7.5. Amendment Hereof 15 SECTION 7.6. Tax Covenants 16 SECTION 7.7. Continuing Disclosure 17 ARTICLE VIII: EVENTS OF DEFAULT AND REMEDIES: SECTION 8.1. Events of Default Defined 18 SECTION 8.2. Remedies on Default 18 SECTION 8.3. No Remedy Exclusive 20 SECTION 8.4. Agreement to Pay Attorneys' Fees and Expenses 20 SECTION 8.5. No Additional Waiver Implied by One Waiver 20 SECTION 8.6. Application of Proceeds 20 SECTION 8.7. Trustee and Bond Owners to Exercise Rights 20 ARTICLE IX: PREPAYMENT OF LEASE PAYMENTS:
AND OTHER MATTERS. Sec. 102(b)(7): A principle negotiating objective is to address the following aspects of foreign government policies and practices regarding labor. . . that are directly related to trade: A) to ensure that foreign labor practices do not arbitrarily or unjustifiably discriminate or serve as disguised barriers to trade; and B) to ensure that foreign governments do not derogate from or waive existing domestic labor measures, including measures that deter exploitative child labor, as an encouragement to gain competitive advantage in international trade or investment. NOTHING in this subparagraph is intended to address changes to a country's laws that are consistent with sound macroeconomic development.
AND OTHER MATTERS. 19 Section 6.1. MAINTENANCE, UTILITIES, TAXES AND ASSESSMENTS. . . . . . 19 Section 6.2.
AND OTHER MATTERS. SECTION 5.1. Maintenance, Utilities, Taxes and Assessments 14 SECTION 5.2. Modification of Site and Facilities 14 SECTION 5.3. Public Liability and Property Damage Insurance 15 SECTION 5.4. Fire and Extended Coverage Insurance 15 SECTION 5.5. Rental Interruption Insurance 16 SECTION 5.6. Recordation Hereof; Title Insurance 16 SECTION 5.7. Form of Policies 16 SECTION 5.8. Installation of City's Equipment 16 SECTION 5.9. Liens 16 SECTION 5.10. Advances 16 ARTICLE VI DAMAGE, DESTRUCTION AND EMINENT DOMAIN; USE OF NET PROCEEDS SECTION 6.1. Application of Net Proceeds 17 SECTION 6.2. Reserved 17 SECTION 6.3. Reserved 17
AND OTHER MATTERS. 3.1 Clause 0 of the Agreement is hereby amended by replacing [***] which shall be added in its alphabetical order.
AND OTHER MATTERS. SECTION 6.01 The Company will from time to time promptly pay, subject to the provisions of Section 2.02 (d) of this Agreement, all taxes and charges that may be imposed upon the Company or the Warrant Agent in respect of the issuance or delivery of shares of Common Stock upon the exercise of Warrants.
AND OTHER MATTERS. Section 12(E) - “
AND OTHER MATTERS. Section 2.1 Government Approvals 6 Section 2.2 Company Board Matters 6 Section 2.3 Section 16 Matters 8 Section 2.4 Corporate Waiver 9 Article IIIRegistration Rights
AND OTHER MATTERS. Certain of the parties hereto entered into Amendment No. 2 to Credit and Security Agreement dated as of April 11, 2014 (“Amendment No. 2”). The parties to Amendment No. 2 agree that the amendment to Section 7.1(a)(ii) effected by Section 3(a) of Amendment No. 2 shall be deemed to be effective as of December 19, 2012. In addition, the parties hereto agree that clause (B) of Section 7.1(a)(i) shall be deemed to be amended as of December 19, 2012 to read “(B) commencing with the Performance Guarantor’s 2014 fiscal year, analogous unaudited balance sheets and statements of earnings for Borrower, certified by one of its Responsible Officers.” Given the foregoing, the parties hereto acknowledge that the waivers provided under Section 2 of Amendment No. 2 were not necessary. In addition, the parties hereto agree that clause (x) of Section 7.1(k) shall be deemed to be amended as of December 19, 2012 as set forth in Section 2(a) of this Amendment so no additional waivers are necessary.
AND OTHER MATTERS. A. HESED agrees to supply sufficient shares of common stock in order for NESS INTERNATIONAL to own 80% or more of HESED in exchange for shares of common stock in NESS INTERNATIONAL to be issued to HESED with the intentions of the parties that HESED will supply most or all of the shares due from HESED from the SHAREHOLDERS on or following the Closing (if, for any reason, within 45 days of Closing HESED cannot supply such ownership, it can make arrangements to issue shares of HESED, as close as possible to 100% ownership, to NESS INTERNATIONAL) and HESED and the Management of HESED promises that a complete list of all the SHAREHOLDERS, who are 100% owners of HESED, will be delivered to NESS INTERNATIONAL as soon as possible. At and following Closing, it shall be the responsibility of HESED to cause the delivery to NESS INTERNATIONAL of the ownership in HESED, hereinafter the "HESED SHARES," in exchange for a total of 10,460,488 shares of stock, to be delivered to HESED, in NESS INTERNATIONAL, as standard restricted securities under applicable law (the "NESS INTERNATIONAL SHARES"), with this transaction intended to qualify as a tax-free reorganization under the current Federal Income Tax Code.
