IN WITNESS OF the parties hereto have caused this Agreement to be duly executed, as of the day and year first above written. ALASKA APOLLO RESOURCES, INC. By_________________________________ Willxxx X. Xxxxxxxxx, Xxesident EXERGON CAPITAL S.A. By_________________________________ _________________, President EXHIBIT A [FORM OF WARRANT CERTIFICATE] THE WARRANTS REPRESENTED BY THIS CERTIFICATE AND THE OTHER SECURITIES ISSUABLE UPON EXERCISE THEREOF MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO (i) AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933, (ii) TO THE EXTENT APPLICABLE, RULE 144 UNDER SUCH ACT (OR ANY SIMILAR RULE UNDER SUCH ACT RELATING TO THE DISPOSITION OF SECURITIES), OR (iii) AN OPINION OF COUNSEL, IF SUCH OPINION SHALL BE REASONABLY SATISFACTORY TO COUNSEL FOR THE ISSUER, THAT AN EXEMPTION FROM REGISTRATION UNDER SUCH ACT IS AVAILABLE OR (IV) BY WILL OR OPERATION OF LAW. THE TRANSFER OR EXCHANGE OF THE WARRANTS OR OTHER SECURITIES REPRESENTED BY THIS CERTIFICATE IS RESTRICTED IN ACCORDANCE WITH THE WARRANT AGREEMENT REFERRED TO HEREIN. EXERCISABLE AT ANY TIME AFTER MARCH 7, 1997 Warrant No. WARRANT CERTIFICATE This Warrant Certificate certifies that ___________________________________________________________, or registered assigns, is the registered holder of Warrants to purchase initially, at any time from after March 7, 1997, up to__________________________________________ of fully paid shares of common stock Shares (the "Shares") of Alaska Apollo Resources Inc. a Province of British Columbia corporation (the "Company"), at the initial exercise price, subject to adjustment in certain events of twelve and one-half cents ($0.125) per Share (the "Exercise Price") upon surrender of this Warrant Certificate and payment of the Exercise Price at the principal executive office of the Company, but subject to the conditions set forth herein and in the warrant agreement dated as of March 7, 1997, between the Company and Exergon Capital S.A. (the "Warrant Agreement"). Payment of the Exercise Price shall be made by certified or official bank check or wire transfer in New York Clearing House funds or through the use of Appreciation Currency (as defined in the Warrant Agreement) or a combination thereof payable to the order of the Company.
IN WITNESS OF the parties have executed this Agreement as of the date first mentioned above. MEMBER NAME COMPANY NAME By: Name: MEMBER NAME Title: MEMBER TITLE EXHIBIT C SPOUSAL CONSENT TO OPERATING AGREEMENT I, the undersigned, being the spouse of one of the members named in the Company Name Operating Agreement (the "Agreement"), acknowledge that:
IN WITNESS OF. WHICH the parties have executed this Agreement as of the date first written above.
IN WITNESS OF which the parties to this Supplemental Agreement have executed this Supplemental Agreement as a deed the day and year first before written. SIGNED and DELIVERED ) /s/ Bxx Xxxxxxx as a DEED by Bxx Xxxxxxx ) as duly authorised attorney ) for and on behalf of ) PERNLI MARINE LTD ) (as a Borrower) ) in the presence of:- SXXX XXXXXXX ) /s/ Sxxx Xxxxxxx IXXX GXXXXX XXXXX LLP AXXXXXX XXXXX, 0 XXXXX XXXXXX XXXXXX X0 0XX SIGNED and DELIVERED ) /s/ Bxx Xxxxxxx as a DEED by Bxx Xxxxxxx ) as duly authorised attorney ) for and on behalf of ) PERSECT MARINE LTD ) (as a Borrower) ) in the presence of:- SXXX XXXXXXX ) /s/ Sxxx Xxxxxxx IXXX GXXXXX XXXXX LLP AXXXXXX XXXXX, 0 XXXXX XXXXXX XXXXXX X0 0XX SIGNED and DELIVERED ) /s/ Bxx Xxxxxxx as a DEED by Bxx Xxxxxxx ) as duly authorised attorney ) for and on behalf of ) FELOX MARINE LTD ) (as a Borrower) ) in the presence of:- SXXX XXXXXXX ) /s/ Sxxx Xxxxxxx IXXX GXXXXX XXXXX LLP AXXXXXX XXXXX, 0 XXXXX XXXXXX XXXXXX X0 0XX SIGNED and DELIVERED ) /s/ Bxx Xxxxxxx as a DEED by Bxx Xxxxxxx ) as duly authorised attorney ) for and on behalf of ) RESPENT MARINE LTD ) (as a Borrower) ) in the presence of:- SXXX XXXXXXX ) /s/ Sxxx Xxxxxxx IXXX GXXXXX XXXXX LLP AXXXXXX XXXXX, 0 XXXXX XXXXXX XXXXXX X0 0XX Supplemental Agreement No. 1 SIGNED and DELIVERED ) /s/ Cxxxx Xxxx Xxxxxx as a DEED by Kxxx Xxxxx and Txx Xxxx Xxxx ) Cxxxx Xxxx Xxxxxx as duly authorised ) Director for and on behalf of ) ING BANK N.V., SINGAPORE BRANCH ) /s/ Txx Xxxx Xxxx (as a Bank) ) Txx Xxxx Xxxx in the presence of:- ING Bank N.V. Singapore ) /s/ Cxxx Xxxx Xxxx 1 Xxxxxxx Xxxxxx Cxxx Xxxx Xxxx #10-00 Xxxxx Xxxxx Xxxxxxxxx 000000 SIGNED and DELIVERED ) /s/ Cxxxx Wxx Xxxxx as a DEED by Cxxxx Wxx Xxxxx ) Cxxxx Wxx Xxxxx as duly authorised ) Attorney-in-fact for and on behalf of ) CREDIT AGRICOLE ) CORPORATE & INVESTMENT BANK ) (as a Bank) ) in the presence of:- /s/ Rxxxxxx Xxxxxxxxxx ) Rxxxxxx Xxxxxxxxxx SIGNED and DELIVERED ) /s/ Cxxxx Wxx Xxxxx as a DEED by Cxxxx Wxx Xxxxx ) Cxxxx Wxx Xxxxx as duly authorised ) Attorney-in-fact for and on behalf of ) KFW IPEX-BANK GMBH ) (as a Bank) ) in the presence of:- /s/ Rxxxxxx Xxxxxxxxxx ) Rxxxxxx Xxxxxxxxxx SIGNED and DELIVERED ) /s/ Cxxxx Wxx Xxxxx as a DEED by Cxxxx Wxx Xxxxx ) Cxxxx Wxx Xxxxx as duly authorised ) Attorney-in-fact for and on behalf of ) NORDEA BANK ABP, FILIAL I NORGE ) (as a Bank) ) in the presence of:- /s/ Rxxxxxx Xxxxxxxxxx ) Rxxxxxx Xxxxxxxxxx SIGNED and DELIVERED ) /s/ Axxx Xxxx as a DEED by Axxx Xxxx...
IN WITNESS OF. WHICH the Parties have executed this Agreement as at the date first above written. CANOPY GROWTH CORPORATION Per: (signed) “Xxxxx Xxxxxx” Authorized Signing Officer I have authority to bind the company.
IN WITNESS OF. THE FACT that the Parties agree with the content of this Agreement, understand it and agree to perform this Agreement, the Parties affix their signatures and declare that this Agreement has been entered into based on their free and serious will. On 23 March 2020 For and on behalf of Xxxxxx Xxxxxx XX a.s., as the Company SIGNATURE Name: Xxxxxx Xxxxxxxxxxxx Position: Chairman of the Board of Directors SIGNATURE Name: Xxxxx Xxxxxx Position: Member of the Board of Directors On 23 March 2020 The Member SIGNATURE
IN WITNESS OF which the parties have executed this document as a deed on the date set out above. EXECUTED and DELIVERED as a DEED by ) RESACA EXPLOITATION, INC ) Authorised Signatory In the presence of: Witness Signature: Witness Name: Witness Address: Witness Occupation: EXECUTED and DELIVERED as a DEED by ) XXXXXXX XXXXXX LIMITED ) Director In the presence of: Witness Signature: Witness Name: Witness Address: Witness Occupation: EXECUTED and DELIVERED as a DEED by ) ROYAL BANK OF CANADA EUROPE LIMITED ) Authorised Signatory In the presence of: Witness Signature: Witness Name: Witness Address: Witness Occupation: EXECUTED and DELIVERED as a DEED by ) XXX XXXXX ) /s/ Xxx Xxxxx Authorised Signatory In the presence of: Witness Signature: Witness Name: Witness Address: Witness Occupation:
IN WITNESS OF which the parties to this Agreement have executed this Agreement the day and year first before written. SIGNED by Kxxxxxx Xxxxxx ) as duly authorised attorney ) for and on behalf of ) PERNLI MARINE LTD ) (as Borrower) ) in the presence of:- ) SIGNED by Kxxxxxx Xxxxxx ) as duly authorised attorney ) for and on behalf of ) PERSECT MARINE LTD ) (as Borrower) ) in the presence of:- ) SIGNED by Kxxxxxx Xxxxxx ) as duly authorised attorney ) for and on behalf of ) FELOX MARINE LTD ) (as Borrower) ) in the presence of:- ) SIGNED by Kxxxxxx Xxxxxx ) as duly authorised attorney ) for and on behalf of ) RESPENT MARINE LTD ) (as Borrower) ) in the presence of:- ) SIGNED by ) as duly authorised ) for and on behalf of ) ING BANK N.V., SINGAPORE BRANCH ) (as a Bank) ) in the presence of:- ) SIGNED by ) as duly authorised ) for and on behalf of ) CREDIT AGRICOLE CORPORATE & ) INVESTMENT BANK ) (as a Bank) ) in the presence of:- ) SIGNED by ) as duly authorised ) for and on behalf of ) KFW IPEX-BANK GMBH ) (as a Bank) ) in the presence of:- ) SIGNED by ) as duly authorised ) for and on behalf of ) NORDEA BANK ABP, FILIAL I NORGE ) (as a Bank) ) in the presence of:- ) SIGNED by ) as duly authorised ) for and on behalf of ) ING BANK N.V., SINGAPORE BRANCH ) (as a Mandated Lead Arranger) ) in the presence of:- ) SIGNED by ) as duly authorised ) for and on behalf of ) CREDIT AGRICOLE CORPORATE & ) INVESTMENT BANK ) (as a Mandated Lead Arranger) ) in the presence of:- ) SIGNED by ) as duly authorised ) for and on behalf of ) KFW IPEX-BANK GMBH ) (as a Mandated Lead Arranger) ) in the presence of:- ) SIGNED by ) as duly authorised ) for and on behalf of ) NORDEA BANK ABP, FILIAL I NORGE ) (as a Mandated Lead Arranger) ) in the presence of:- ) SIGNED by ) as duly authorised ) for and on behalf of ) ING BANK N.V., SINGAPORE BRANCH ) (as Agent) ) in the presence of:- ) SIGNED by ) as duly authorised ) for and on behalf of ) ING BANK N.V., SINGAPORE BRANCH ) (as Security Trustee) ) in the presence of:- ) SIGNED by ) as duly authorised ) for and on behalf of ) ING BANK N.V., SINGAPORE BRANCH ) (as Coordinator) ) in the presence of:- ) SIGNED by ) as duly authorised ) for and on behalf of ) ING BANK N.V. ) (as Original Swap Provider) ) in the presence of:- ) SIGNED by ) as duly authorised ) for and on behalf of ) CREDIT AGRICOLE CORPORATE & ) INVESTMENT BANK ) (as Original Swap Provider) ) in the presence of:- ) SIGNED by ) as duly authorised ) for and on behalf of ) KFW IPEX-BANK GM...
IN WITNESS OF. THE FOREGOING, each Party executes this Interest Contribution Agreement as of the date first written above, by the Party’s duly authorized officer. CONTRIBUTORS: ELCO LANDMARK RESIDENTIAL HOLDINGS, LLC By: JLCo, LLC a Florida limited liability company its member manager By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: President Relating to Baymeadows Partners, LLC (Freedom Place) CONTRIBUTORS’ REPRESENTATIVE: ELCO LANDMARK RESIDENTIAL MANAGEMENT, LLC By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: President Relating to Baymeadows Partners, LLC (Freedom Place) PURCHASER: APARTMENT TRUST OF AMERICA HOLDINGS, L.P. By: Apartment Trust of America, Inc., its general partner By: /s/ Xxxxxxx X. Xxxxxxx, Xx. Name: Xxxxxxx X. Xxxxxxx, Xx. Title: Chief Executive Officer & Chairman of the Board Relating to Baymeadows Partners, LLC (Freedom Place) ATA: APARTMENT TRUST OF AMERICA, INC, By: /s/ Xxxxxxx X. Xxxxxxx, Xx. Name: Xxxxxxx X. Xxxxxxx, Xx. Title: Chief Executive Officer & Chairman of the Board Relating to Baymeadows Partners, LLC (Freedom Place) APPENDIX 1
IN WITNESS OF the undersigned has caused this Designation to be duly executed by its duly authorized officer or other representative, all as of the day and year first above written. [COMPANY] By: Name: Title: EXHIBIT B ADDITIONAL INDEBTEDNESS JOINDER JOINDER, dated as of , 20 , among [COMPANY] (the “Company”), GENERAL ELECTRIC CAPITAL CORPORATION, in its capacity as collateral agent (together with its successors and assigns in such capacity from time to time, and as further defined in the Intercreditor Agreement, the “ABL Agent”)1 for the ABL Lenders, BANK OF AMERICA, N.A., in its capacity as collateral agent (together with its successors and assigns in such capacity from time to time, and as further defined in the Intercreditor Agreement, the “Term Agent”)2 for the Term Creditors, WILMINGTON TRUST, NATIONAL ASSOCIATION, in its capacity as collateral agent (together with its successors and assigns in such capacity from time to time, and as further defined in the Intercreditor Agreement, the “First Lien Note Agent”)3 for the First Lien Noteholder Secured Parties, WILMINGTON TRUST, NATIONAL ASSOCIATION, in its capacity as collateral agent (together with its successors and assigns in such capacity from time to time, and as further defined in the Intercreditor Agreement, the “Second Lien Note Agent”)4 for the Second Lien Noteholder Secured Parties, [list any previously added Additional Agent] [and insert name of each Additional Agent under any Additional Credit Facility being added hereby as party] and any successors or assigns thereof, to the Intercreditor Agreement dated as of April 12, 2012 (as amended, supplemented, waived or otherwise modified from time to time, the “Intercreditor Agreement”) among the ABL Agent, the Term Agent, the First Lien Note Agent, [and] the Second Lien Note Agent [and (list any previously added Additional Agent)]. Capitalized terms used herein and not otherwise defined herein shall have the meaning specified in the Intercreditor Agreement. Reference is made to that certain [insert name of Additional Credit Facility], dated as of , 20 (the “Additional Credit Facility”), among [list any applicable Credit Party], [list any applicable Additional Creditors (the “Joining Additional Creditors”)] [and insert name of each applicable Additional Agent (the “Joining Additional Agent”)].5 Section 7.11 of the Intercreditor Agreement permits the Company to designate Additional Indebtedness under the Intercreditor Agreement. The Company has so designated Addit...
