DFI. Fry’s shall be entitled to deduct a two percent (2%) discount from invoice on all purchases of Titles on Qualifying Formats made during the Term (the “DFI”). Fry’s shall deduct the DFI directly from SPHE invoices prior to making payment to SPHE, in accordance with past practices. Placement Rebates: SPHE will provide Fry’s with a five percent (5%) rebate on all Qualifying Net Purchases made each Quarter for all Titles (the “Placement Rebate”).
DFI. Holdings LP purchased the following assets (the “EPD Assets”) from El Paso Corporation for approximately $425 million: (i) a 9.9% general partner interest in Enterprise Products GP, LLC, a Delaware limited liability company (“EPD GP”), and (ii) 13,454,498 common units of Enterprise Products Partners L.P., a Delaware limited partnership (“EPD LP”),
DFI on behalf of itself and its parents, subsidiaries, affiliates, officers, successors, assigns, predecessors in interest, past and present officers, directors, shareholders, employees, attorneys, accountants, representatives, and agents does hereby release COSI and, its parents, subsidiaries, affiliates, officers, successors, assigns, predecessors and successors in interest, past and present officers, directors, shareholders, employees, attorneys, accountants, representatives, and agents, of and from any and all manner of actions, causes of action (at law or in equity), suits, claims, counterclaims, demands, agreements, obligations, promises, liability, damages, costs and expenses of any nature whatsoever, liquidated or unliquidated which DFI had, now has or may hereinafter accrue, or which DFI may hereafter claim to have or which DFI may hereafter discover, against COSI or against any other such person, entity or beneficiary above enumerated, upon or by reason of any matter, cause or thing whatsoever from the beginning of time to the date hereof, including, but not limited to, (i) any and all claims and/or counterclaims which were set forth in, arise from or relate to the Arbitration Proceeding commenced by DFI on or about November 10, 1995 by filing a Demand with the Arbitration Association of America and which Arbitration Proceeding was designated as case number 19-117-0101-95; (ii) any further performance, obligation or liability whatsoever arising from or related to the Processing Agreement.
DFI hereby agrees during the Term not to offer to, or perform data processing services for, any client or prospective client of the Division unless the data processing services are to be performed by the Division. For purposes of this Section 11, a "prospective client of the Division" means any entity requiring data processing services of the type now rendered by DFI or rendered by the Division during the Term. In addition, if DFI shall hereafter offer any new types of data processing services, DFI hereby agrees to offer COSI a right of first refusal to have the Division perform under this Agreement the data processing services for all of their permitted clients.
DFI. The Merger and the Bank Merger shall have been approved by DFI, which approval shall not contain any materially burdensome condition that would significantly adversely affect the Company, all conditions required to be satisfied prior to the Effective Time imposed by the terms of such approvals shall have been satisfied and all waiting periods relating to such approval shall have expired.
DFI is hereby admitted as a Member of the Company without the need for any act, approval, consent or vote of any person.
DFI. The initials "DFI" mean the California Department of Financial Institutions.
