IN WITNESS HEREOF the parties hereto have caused this Second Supplemental Indenture to be duly executed and attested, all as of the date first above written. ON BEHALF OF THE GUARANTEEING SUBSIDIARIES LISTED ON SCHEDULE I By: /s/ XXXXX XXXX Name: Xxxxx Xxxx Title: Chief Financial Officer ON BEHALF OF THE EXISTING GUARANTORS LISTED ON SCHEDULE II By: /s/ XXXXXX XXXXXXXX-XXXXX Name: Xxxxxx Xxxxxxxx-Xxxxx Title: Vice President ON BEHALF OF THE EXISTING GUARANTORS LISTED ON SCHEDULE III By: /s/ W. XXXXXXXX XXXXXX Name: W. Xxxxxxxx Xxxxxx Title: Corporate Secretary and Chief Legal Officer ON BEHALF OF THE EXISTING SUBSIDIARIES LISTED ON SCHEDULE IV By: /s/ XXXX XXXXXXXX Name: Xxxx Xxxxxxxx Title: Vice President CALPINE CORPORATION By: /s/ XXXXX XXXX Name: Xxxxx Xxxx Title: Chief Financial Officer WILMINGTON TRUST COMPANY, as Trustee By: /s/ XXXXXX XXXXX Authorized Signatory SCHEDULE I Name of Guarantor Deer Park Energy Center LLC Deer Park Holdings, LLC Xxxxxxx Energy Center, LLC Xxxxxxx Holdings, LLC SCHEDULE II Name of Guarantor Calpine Construction Management Company, Inc. Calpine Mid-Atlantic Operating, LLC Calpine Operating Services Company, Inc. Calpine Power Services, Inc. Xxxxxxxxx Turbine Systems America, Inc. SCHEDULE III Name of Guarantor Anacapa Land Company, LLC Xxxxxxxx Springs Energy Company Auburndale Peaker Energy Center, LLC Aviation Funding Corp. Baytown Energy Center, LLC Bellingham Cogen, Inc. CalGen Expansion Company, LLC CalGen Finance Corp. CalGen Project Equipment Finance Company Three, LLC Calpine Administrative Services Company, Inc. Calpine Auburndale Holdings, LLC Calpine c*Power, Inc. Calpine CalGen Holdings, Inc. Calpine California Holdings, Inc. Calpine Calistoga Holdings, LLC Calpine CCFC Holdings, Inc. Calpine Central Texas GP, Inc. Calpine Central, Inc. Calpine Central, L.P. Calpine Central-Texas, Inc. Calpine Cogeneration Corporation Calpine Eastern Corporation Calpine Edinburg, Inc. Calpine Energy Management, L.P. Calpine Energy Services Holdings, Inc. Calpine Energy Services, L.P. Calpine Fuels Corporation Calpine Generating Company, LLC Calpine Geysers Company, L.P. Calpine Gilroy 1, Inc. Name of Guarantor Calpine Gilroy 2, Inc. Calpine Global Services Company, Inc. Calpine Xxxxxxx Energy Center, L.P. Calpine Xxxxxxx Holdings, Inc. Calpine Xxxxxxx, Inc. Calpine Jupiter, LLC Calpine Xxxxxxx Operators, Inc. Calpine KIA, Inc. Calpine King City, Inc. Calpine King City, LLC Calpine Leasing Inc. Calpine Long Island, Inc. Calpine Magic Valley Pipe...
IN WITNESS HEREOF the parties have executed and delivered this Amendment No. 12 as of the date first above set forth. EQ ADVISORS TRUST AXA DISTRIBUTORS, LLC By: By: Name: Xxxxxx X. Xxxxx Name: Xxxxx X. Xxxxxxxxxxx Title: President and Chief Executive Officer Title: Chief Executive Officer SCHEDULE A AMENDMENT NO. 12 AMENDED AND RESTATED DISTRIBUTION AGREEMENT CLASS IA SHARES AXA Balanced Strategy Portfolio AXA Growth Strategy Portfolio AXA Conservative Growth Strategy Portfolio AXA Conservative Strategy Portfolio (formerly, AXA Defensive Strategy Portfolio) AXA Moderate Growth Strategy Portfolio Crossings Conservative Allocation Portfolio Crossings Conservative-Plus Allocation Portfolio Crossings Moderate Allocation Portfolio Crossings Moderate-Plus Allocation Portfolio Crossings Aggressive Allocation Portfolio EQ/Common Stock Index (formerly, EQ/AllianceBernstein Common Stock Portfolio) EQ/AllianceBernstein International Portfolio EQ/AllianceBernstein Small Cap Growth Portfolio EQ/Ariel Appreciation II Portfolio EQ/AXA Xxxxxxxxx Value Long/Short Equity Portfolio EQ/BlackRock Basic Value Equity Portfolio (formerly, EQ/Mercury Basic Value Equity) EQ/BlackRock International Value Portfolio (formerly, EQ/Mercury International Value) EQ/Xxxxxxx Socially Responsible Portfolio EQ/Capital Guardian Growth Portfolio EQ/Capital Guardian Research Portfolio EQ/Core Bond Index (formerly, EQ/JPMorgan Core Bond Portfolio) EQ/Xxxxx New York Venture Portfolio EQ/Equity 500 Index Portfolio EQ/Global Bond PLUS Portfolio (formerly, EQ/Evergreen International Bond Portfolio) EQ/Evergreen Omega Portfolio EQ/AXA Franklin Income Core Portfolio (formerly EQ/Franklin Income Portfolio) EQ/AXA Franklin Small Cap Value Core Portfolio (formerly, EQ/Franklin Small Cap Value Portfolio) EQ/AXA Franklin Xxxxxxxxx Founding Strategy Core Portfolio (formerly, EQ/Franklin Xxxxxxxxx Founding Strategy Portfolio) EQ/Intermediate Government Bond Index Portfolio (formerly, EQ/AllianceBernstein Intermediate Government Securities Portfolio) EQ/International ETF Portfolio EQ/International Core PLUS Portfolio (formerly, MarketPLUS International Core Portfolio) EQ/JPMorgan Value Opportunities Portfolio EQ/Large Cap Core PLUS Portfolio (formerly, MarketPLUS Large Cap Core Portfolio) EQ/Large Cap Growth Index Portfolio (formerly, EQ/AllianceBernstein Large Cap Growth Portfolio) EQ/Large Cap Growth PLUS Portfolio (formerly, MarketPLUS Large Cap Growth Portfolio) EQ/Large Cap Value Index Portfolio (formerly, EQ/Xxxx Xxxxx V...
IN WITNESS HEREOF the parties hereto have executed the Amendment as of this 1st day of December, 2001. By: /s/ Donald C. Burke ----------------------- Name: Donald C. Bxxxx Xxxxx: Xxxasurer FINANCIAL DATA SERVICES, INC. Xx: /x/ Xxxxxx L. Hockersmith ------------------------- Sharon X. Xxxxxxxxxxx Xice President XXXXXXX XXX RESTATED SCHEDULE OF FEES MERRILL LYNCH MUTUAL FUNDS Transfer Agency and Record-keeping Fexx: Xxe Xxxx shall pay monthly the following transfer agency and record-keeping fees to FDS, unless otherwise noted: ------------------------------------------------------------------------------- Distribution Channel Annual Account Fee(6) Class A & D Class B & C ------------------------------------------------------------------------------- Proprietary Retail(1) $16 $19 ------------------------------------------------------------------------------- Third Party(2) $16 $19 ------------------------------------------------------------------------------- Direct Account $20 $23 ------------------------------------------------------------------------------- MFA ERISA(3) 0.10% 0.10% ------------------------------------------------------------------------------- RG Recordkept Plans(4) $16 $19 ------------------------------------------------------------------------------- ML Connect Network Plans(5) $16 $19 ------------------------------------------------------------------------------- NOTES:
IN WITNESS HEREOF the undersigned have caused this Settlement Agreement to be executed as of the dates set forth below. ______________ XXXXXXX XXXX, individually and as Class Representative Signature: Date: 4/11/2022 ___________________ XXXXX XXXXX, individually and as Class Representative Signature: Date: 4/11/2022 VOLUSION, LLC By: Print Name: Title: Date: AS TO FORM AND CONTENT ONLY _________________ Xxxxx XXXXXXX, XXXXX & XXXXXXX, LLP, as Class Counsel By: _ Print Name: Title: Date: Partner 4/11/2022 xx Xxxxxx TYCKO & ZAVAREEI LLP, as Class Counsel __________________ ame: _____________ By: Print N Title: Date: Xxxxxx Xxxxxxxx Partner 4/12/2022 XXXXXXXXXX XXXXXX XXXXXXXX XXXXXXXXXX XXXXXXX, as Class Counsel ______________ By: _ Print Name: Title: Date: Xxxxxxxx Xxxxxxxxxx Xxxxxxxx Xxxxxxxxxx 4/12/2022 RDS LAW GROUP, __________________ Xxxxxxx S EDWA as Class Counsel By: Print Name: Title: Date: Partner 4/12/2022 xxxxxx XXXXX XXXXXXXX XXXXXXXX & XXXXX, LLP, as Defense Counsel By: Print Name: Title: Date: xxxxxxxxxx@xxxxxxxxx.xxx IN WITNESS HEREOF, the undersigned have caused this Settlement Agreement to be executed as of the dates set forth below. XXXXXXX XXXX, individually and as Class Representative Signature: Date: XXXXX XXXXX, individually and as Class Representative Signature: Date: LC. _____________ VOLUSION, L By: Print Name: Title: Date: Xxxx Xxxx CEO 4/12/2022 AS TO FORM AND CONTENT ONLY XXXXXXX, XXXXX & XXXXXXX, LLP, as Class Counsel By: Print Name: Title: Date: TYCKO & ZAVAREEI LLP, as Class Counsel By: Print Name: Title: Date: XXXXXXXXXX XXXXXX XXXXXXXX XXXXXXXXXX XXXXXXX, as Class Counsel By: Print Name: Title: Date: XXXXXXX LAW GROUP, as Class Counsel By: Print Name: Title: Date: XXXXX XXXXXXXX XXXXXXXX & XXXXX, LLP, as Defense Counsel By: Print Name: Title: Date: EXHIBIT A CLAIM FORM Deadline: Your claim must be either submitted online or postmarked and mailed by: Month Day, Year VOLUSION, LLC SETTLEMENT c/x Xxxxx Settlement Administration XX Xxx 0000 Xxx Xxxx, XX 00000-0000 Toll-Free: 000-000-0000 xxx.XxxxxxxxXxxxxxxXxxxxXxxxxx.xxx If you are a person to whom Volusion sent its Notice of Data Incident dated on or about April 21, 2020, advising that on or about October 8, 2019, Volusion learned that personal information of some customers of Volusion’s merchant clients may have been improperly exposed as a result of malware placed on Volusion’s e-commerce platform, you may be eligible for benefits from a class action settlement. CLAIMS DEADLINE: Claims, along...
IN WITNESS HEREOF the undersigned has duly executed and delivered this Monthly Servicer’s Certificate as of the date first above written. SERVICER: PACIFIC GAS AND ELECTRIC COMPANY, a California corporation By: Name: Xxxxxxxx X. Xxxxxx
IN WITNESS HEREOF the parties have executed and delivered this Amendment No. 1 as of the date first above set forth. EQ ADVISORS TRUST AXA DISTRIBUTORS, LLC By: By: Name: Xxxxxx X. Xxxxx Name: Xxxxxxxx X. Xxxx Title: President and Chief Executive Officer Title: Chairman, President and Chief Executive Officer SCHEDULE A AMENDMENT NO. 1 DISTRIBUTION AGREEMENT CLASS K SHARES
IN WITNESS HEREOF the parties hereto have caused this Agreement to be duly executed, as of the day and year first above written. “Company” GRAYMARK HEALTHCARE, INC. By: Xxxxxxx Xxxxxx Chief Executive Officer Date: January __, 2010 “Option Holder” MIRADOR CONSULTING, INC. By: Xxxxx X. Xxxx, President Date: January __, 2010 EXHIBIT “A” FORM OF SUBSCRIPTION (CASH EXERCISE) (To be signed only upon exercise of Option) TO: Graymark Healthcare, Inc. 000 Xxxx Xxxxxx, Xxxxx 0000 Xxxxxxxx Xxxx, Xxxxxxxx 00000 The undersigned, the Option Holder, hereby irrevocably elects to exercise the purchase right provided by the Option Agreement for, and to purchase thereunder, Shares of Graymark Healthcare, Inc. (the “Company”), and herewith makes payment of $ therefor, and requests that the certificates for such securities be issued in the name of, and delivered to, whose address is , all in accordance with the Option Agreement. Dated: (Signature must conform in all respects to name of Holder as specified on the face of the Option Agreement) (Address) (Social Security Number or Tax Identification Number) EXHIBIT “B” FORM OF ASSIGNMENT (To be exercised by the Option Holder if the Option Holder desires to transfer the Option Agreement.) FOR VALUE RECEIVED hereby sells, assigns and transfers unto (Print name and address of transferee) the Option Agreement, together with all right, title and interest therein, and does hereby irrevocably constitute and appoint Attorney, to transfer the Option Agreement on the books of Graymark Healthcare, Inc., with full power of substitution. Dated: (Signature must conform in all respects to name of Holder as specified on the face of the Option Agreement) Address of Assignee: (Social Security Number or Tax Identification Number of Assignee)
IN WITNESS HEREOF the parties hereto have caused this Amendment to be duly executed and delivered by their respective authorized officers as of the day and year first above written. EACH OF THE FUNDS AND ACCOUNT LISTED ON THE NEW ATTACHMENT A Attest /s/ Xxxxx X. Xxxxx By: /s/ Xxxxx Xxxxxxx (formerly Xxxxx Xxxxxxx) Name: Xxxxx Xxxxxxx Title: Treasurer and Chief Financial Officer XX XXXXXX CHASE BANK, N.A. Attest: /s/ Xxxxx X. Xxxxx By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Vice President Attachment A The Universal Institutional Funds, Inc.— Asian Equity Portfolio Balanced Portfolio Core Equity Portfolio Core Plus Fixed Income Portfolio Emerging Markets Debt Portfolio Emerging Markets Equity Portfolio Equity and Income Portfolio Equity Growth Portfolio Global Franchise Portfolio Global Real Estate Portfolio Global Value Equity Portfolio High Yield Portfolio International Fixed Income Portfolio International Growth Equity Portfolio International Magnum Portfolio Investment Grade Fixed Income Portfolio Mid Cap Growth Portfolio Multi-Asset Class Portfolio Small Company Growth Portfolio Targeted Duration Portfolio U.S. Mid-Cap Value Portfolio U.S. Real Estate Portfolio Value Portfolio Xxxxxx Xxxxxxx Institutional Fund Inc.— Active International Allocation Portfolio Disciplined Large Cap Value Active Extension Portfolio Emerging Markets Debt Portfolio Emerging Markets Portfolio Focus Equity Portfolio Global Franchise Portfolio Global Real Estate Portfolio Global Value Equity Portfolio International Equity Portfolio International Growth Active Extension Portfolio International Growth Equity Portfolio International Magnum Portfolio International Real Estate Portfolio International Small Cap Portfolio Large Cap Relative Value Portfolio Small Company Growth Portfolio Systematic Active Large Cap Core Portfolio Systematic Active Small Cap Core Portfolio Systematic Active Small Cap Growth Portfolio Systematic Active Small Cap Value Portfolio Systematic Large Cap Core Active Extension Portfolio U.S. Large Cap Growth Portfolio U.S. Real Estate Portfolio U.S. Small/Mid Cap Value Portfolio Xxxxxx Xxxxxxx Institutional Fund Trust— Advisory Portfolio Advisory Portfolio II Advisory Portfolio III (formerly known as Advisory Global Fixed Income Portfolio) Advisory Portfolio IV (formerly known as Advisory Global Fixed Income Portfolio II) Advisory Portfolio V Advisory Portfolio—Series 1 Advisory Portfolio—Series 2 Balanced Portfolio Core Fixed Income Portfolio Core Plus Fixed Income Portf...
IN WITNESS HEREOF the parties hereto have caused this Amendment to be duly executed by their duly authorized officers, all as of the date and year first above written. Signed Sealed and Delivered ) for and on behalf of ) XXXXXX XXXXXXXX ) HOLDINGS COMPANY III, ) LIMITED in the presence of: ) Witness XXXXXX XXXXXXXX COMPANY, INC. By: Name: Title: XXXXXX XXXXXXXX CORPORATION By: Name: Title: GUARANTORS: XXXXXX XXXXXXXX INTERMEDIATE (LUXEMBOURG) S.A.R.L By: Name: Title: XXXXXX XXXXXXXX (US), INC. By: Name: Title: EXECUTED as a DEED by XXXXXX XXXXXXXX ACQUISITION LIMITED Director Director EXECUTED as a DEED by XXXXXX XXXXXXXX UK LIMITED Director Director PRESENT when the Common Seal of XXXXXX XXXXXXXX INTERMEDIATE (IRELAND) LIMITED was affixed hereto: WITNESS: Director ADDRESS: Director DESCRIPTION: PRESENT when the Common Seal of XXXXX (CHEMICALS) LIMITED was affixed hereto: WITNESS: Director ADDRESS: Director DESCRIPTION: PRESENT when the Common Seal of XXXXXX XXXXXXXX LIMITED was affixed hereto: WITNESS: Director ADDRESS: Director DESCRIPTION: PRESENT when the Common Seal of XXXXXX XXXXXXXX LABORATORIES IRELAND LIMITED was affixed hereto: WITNESS: Director ADDRESS: Director DESCRIPTION: CREDIT SUISSE, CAYMAN ISLANDS BRANCH, individually and as Administrative Agent By: Name: Title: By: Name: Title: SIGNATURE PAGE TO AMENDMENT NO.3 DATED AS OF JANUARY 29, 2007, TO THE XXXXXX XXXXXXXX HOLDINGS COMPANY III, LIMITED/XXXXXX XXXXXXXX CORPORATION/XXXXXX XXXXXXXX COMPANY, INC. CREDIT AGREEMENT DATED AS OF JANUARY 18, 2005. NAME OF LENDER: By: Name: Title: By: Name:
IN WITNESS HEREOF. Subcontractor has executed this Assignment as of this day of , 20 . Subcontractor By: Title: EXHIBIT “I” FORM POP 2 CERTIFICATION OF COMPLIANCE WITH PAY OR PLAY PROGRAM Available at xxxx://xxx.xxxxxxxxx.xxx/obo/popforms.html EXHIBIT “J” CERTIFICATION OF AGREEMENT TO COMPLY WITH STANDARD DOT TITLE VI ASSURANCES APPENDIX A LANGUAGE During the performance of this Contract, the Engineer, for itself, its assignees and successors in interest (hereinafter referred to as the “Contractor”) agrees as follows:
