IN WITNESS W HEREOF Sample Clauses

IN WITNESS W HEREOF the parties have caused this Agreement to be duly executed on the date first written above . 10 PURCHASER: STAR ALLIANCE INTERNATIONAL, C ORP . BY: NAME: BY: SELLER: 11./l'r.. rn.,"" CORPORATION NAME: XXXXXXX XXXXX TITLE : CFO TITLE: PRESIDENT DATE: June 17 2019 D AT E : June 17 2019 Bv: NAME: TITLE: DATE: SECRETARY June 17 2019 [SIGNATURE PAGE TO ASSET PURCHASE AGREEMENT] LIST OF ATTACHMENTS EXHIBIT A , List of Purchased Assets (equipment) , List of Purchased Claims , Engineering and Geology Reports , Xxxxx Xxxxxxx Report, Assay Reports by Xxxxxxx Labs , Assay Reports by Abbot X. Xxxxx , Power Point Presentation EXHIBIT B , Action of the Board of Directors of the Seller , EXIIlBIT C , Xxxx of Sale EXHIBIT D , Action of the Board of Directors of the Purchaser , EXHIBIT E , Note, Schedule of payments EXHIBIT F , List of On - Site quipment as is known to Seller
AutoNDA by SimpleDocs
IN WITNESS W HEREOF. The undersigned has caused this Joinder Agreement to be duly executed as of the date first written above. Cali Vibes D8 LLC By /s/ Vlad Zatulusky Date 6/3/21 Vlad Zatulusky, its Managing Member BX2SD Hospitality, LLC By /s/Louis Xxxxxxx Xxxxxxxxx Date 6/3/21 Louis Xxxxxxx Xxxxxxxxx, its Managing Member Hempacco Co., Inc. By /s/ Xxxxxx Xxxxxxxx Date 6/3/21 Xxxxxx Xxxxxxxx, its President
IN WITNESS W HEREOF the parties hereto have caused this Amendment to be executed in their names and on their behalf under their seals by and through their duly authorized officers, as of the day and year first above written. On Behalf of each Fun d and Portfolio Listed on Exhibit A of the Agreement Xxxx Xxxxxxx Signature Services, Inc. By: /s/ Xxxxxx X. Xxxxxx By: /s/ Xxxx X. Xxxxx Xxxxxx X. Xxxxxx Xxxx X. Xxxxx Executive Vice President President and CEO EXHIBIT B TRANSFER AGENT FEE SCHEDULE The transfer agent fees payable monthly under the Amended and Restated Transfer Agency and Services Agreement between each Fund and JHSS shall be determined based on the monthly cost to JHSS for providing the services described therein (“JHSS Cost”). JHSS Cost shall be determined by subtracting the monthly JHSS TA Revenue from the monthly JHSS Expenses, as more fully described below:
IN WITNESS W HEREOF the parties have executed this Agreement effective as of the date first above written. In the event that it is impracticable to obtain the signature of any one or more of the Partners to this Agreement , this Agreement shall be binding among the other Partners executing the same. GENERAL PARTNER: SPFSA VI L.L.C. By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: Authorized Person INITIAL LIMITED PARTNER /s/ Xxxxx Xxxx Xxxxx Xxxx, as Initial Limited Partner, to reflect his withdrawal from the Partnership
IN WITNESS W HEREOF the Parties have executed this Agreement as of the Effective Date. /s/ Jxxx Xxxxxx /s/ Axxxxxx Xxxxxxx Name: Jxxx Xxxxxx Name: Axxxxxx Xxxxxxx Title: CEO Title: Chief Supply Chain Officer Date: 1/28/2023 Date: 1/28/2023 EXHIBIT A LIST OF PRODUCTS/SUPPLIES AND PRICING Product Description:
IN WITNESS W HEREOF the Parties have signed this Agreement on the date indicated. ACCEPTED FOR THE DISTRICT Dated: March . 2013 Dated: March z ° , 2013 MEMORANDUM OF AGREEM ENT THIS M EM ORANDUM OF AGREEM ENT IS MADE BETW EEN TH E NORTH XXXXXXX CENTRAL SCHOOL DISTRICT (THE “D ISTRICT”) AND, THE CIVIL SERVICE EM PLOYEE ASSOCIATION, INC., LOCAL 1000 AFSCME, AFL-CIO NORTH XXXXXXX CENTRAL SCHOOL LOCAL 868 UNIT 6746 (THE “ASSOCIATION”). THE DISTRICT AND TH E ASSOCIATION SHALL COLLECTIVELY BE REFERRED TO AS TH E “PARTIES.” W HEREAS, the parties entered into a negotiated agreement for the period July 1, 2011 - June 30, 2015; and
IN WITNESS W HEREOF the parties have hereunto set their respective hands and seals the day and the year hereinbefore set forth. Signed by (contractor) Signed by Chief Engineer For and on behalf of the University of the Punjab. WITNESSES
AutoNDA by SimpleDocs
IN WITNESS W HEREOF the parties have signed this agreement the day and year first written above. BOARD OF COUNTY COMMISSIONERS OF OURAY COUNTY, COLORADO Xxxx Xxxxxxxxx Xxx Xxxxxx, Chair ATTEST: Xxxxxxxxx Welding & Construction Xxxxxxxx Xxxxx, Clerk and Recorder By Xxxxxx Xxxxxxxxxx, Deputy Clerk of the Board

Related to IN WITNESS W HEREOF

  • IN WITNESS WEREOF the parties have caused this Agreement to be duly executed and delivered by their proper and duly authorized officers as of the date and year first written above. COMPANY: NEUROSIGMA, INC. a Delaware corporation By: Name: Title: [Signature Page for Note and Warrant Purchase Agreement] INVESTOR: [NAME] By: Name: Title:

  • IN WITNESS WHEROF the City and Consultant have caused this Master Agreement to be executed by their respective duly authorized representatives as follows.

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written.

  • IN WITNESS WHERE OF parties herein above named have set their respective hands and signed this Agreement for sale at ……………. in the presence of attesting witness, signing as such on the day first above written. Signed and delivered by the within named Allottee(s) in the presence of witnesses on ……………………… Passport size photograph with signature across the photograph (First- Allottee) Passport size photograph with signature across the photograph (Second- Allottee) Passport size photograph with signature across the photograph (Third- Allottee) Signature (Name) (First-Allottee) Signature (Name) (Second-Allottee) Signature (Name) (Third-Allottee) Signed and delivered by the within named Promoter in the presence of witnesses at ……………………… on ………….. PROMOTER For and on behalf of M/s Name Signature Designation WITNESSES 1- Signature Name Address 2- Signature Name Address SCHEDULE-1 (Details of land holdings of the Promoter and location of the Project) Name of Revenue village and Tehsil Khasra No. Area (in meters) Total Area Name of Scheme/Colony and City Plot No. Area (in meters) 2- The piece and parcel of the plot of land in site is bounded on the :- In North ……. In South …….. In East ……… In West ……… And measuring North to South …………… East to West …………….

  • IN WITNESS WHEREFORE the parties have signed this Agreement on the date first written above. COMPANY: HORIZON PHARMA, INC. HORIZON PHARMA USA, INC. By: Title: Chairman, President & CEO Print Name: Xxxxxxx X. Xxxxxxx /s/ Xxxxxxx X. Xxxxxxx Signature: As authorized agent of the Company EXECUTIVE: IRINA KONSTANTINOVSY /s/ Irina Konstantinovsy Irina Konstantinovsy, individually EXHIBIT A RELEASE AND WAIVER OF CLAIMS In consideration of the payments and other benefits set forth in Section 4.4 of the Executive Employment Agreement dated , (the “Employment Agreement”), to which this form is attached, I, Xxxxx Xxxxxxxxxxxxxxx, hereby furnish Horizon Pharma, Inc. and Horizon Pharma USA, Inc. (together the “Company”), with the following release and waiver (“Release and Waiver”). In exchange for the consideration provided to me by the Employment Agreement that I am not otherwise entitled to receive, I hereby generally and completely release the Company and its directors, officers, employees, shareholders, partners, agents, attorneys, predecessors, successors, parent and subsidiary entities, insurers, Affiliates, and assigns from any and all claims, liabilities and obligations, both known and unknown, that arise out of or are in any way related to events, acts, conduct, or omissions occurring relating to my employment or the termination thereof prior to my signing this Release and Waiver. This general release includes, but is not limited to: (1) all claims arising out of or in any way related to my employment with the Company or the termination of that employment; (2) all claims related to my compensation or benefits from the Company, including, but not limited to, salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options, or any other ownership interests in the Company; (3) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing; (4) all tort claims, including, but not limited to, claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (5) all federal, state, and local statutory claims, including, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under the federal Civil Rights Act of 1964 (as amended), the federal Americans with Disabilities Act of 1990, the federal Age Discrimination in Employment Act of 1967 (as amended) (“ADEA”), the Illinois Human Rights Act, the Illinois Equal Pay Act, the Illinois Religious Freedom Restoration Act, and the Illinois Genetic Information Privacy Act. Notwithstanding the foregoing, this Release and Waiver, shall not release or waive my rights: to indemnification under the articles and bylaws of the Company or applicable law; to payments under Sections of the Employment Agreement; under any provision of the Employment Agreement that survives the termination of that agreement; under any applicable workers’ compensation statute; under any option, restricted share or other agreement concerning any equity interest in the Company; as a shareholder of the Company or any other right that is not waivable under applicable law. I acknowledge that, among other rights, I am waiving and releasing any rights I may have under ADEA, that this Release and Waiver is knowing and voluntary, and that the consideration given for this Release and Waiver is in addition to anything of value to which I was already entitled as an executive of the Company. If I am 40 years of age or older upon execution of this Release and Waiver, I further acknowledge that I have been advised, as required by the Older Workers Benefit Protection Act, that: (a) the release and waiver granted herein does not relate to claims under the ADEA which may arise after this Release and Waiver is executed; (b) I should consult with an attorney prior to executing this Release and Waiver; and (c) I have twenty-one (21) days from the date of termination of my employment with the Company in which to consider this Release and Waiver (although I may choose voluntarily to execute this Release and Waiver earlier); (d) I have seven (7) days following the execution of this Release and Waiver to revoke my consent to this Release and Waiver; and (e) this Release and Waiver shall not be effective until the seven (7) day revocation period has expired unexercised. If I am less than 40 years of age upon execution of this Release and Waiver, I acknowledge that I have the right to consult with an attorney prior to executing this Release and Waiver (although I may choose voluntarily not to do so); and (c) I have five (5) days from the date of termination of my employment with the Company in which to consider this Release and Waiver (although I may choose voluntarily to execute this Release and Waiver earlier). I acknowledge my continuing obligations under my Confidential Information and Inventions Agreement dated , . Pursuant to the Confidential Information and Inventions Agreement I understand that among other things, I must not use or disclose any confidential or proprietary information of the Company and I must immediately return all Company property and documents (including all embodiments of proprietary information) and all copies thereof in my possession or control. I understand and agree that my right to the payments and other benefits I am receiving in exchange for my agreement to the terms of this Release and Waiver is contingent upon my continued compliance with my Confidential Information and Inventions Agreement. This Release and Waiver, including my Confidential Information and Inventions Agreement dated , constitutes the complete, final and exclusive embodiment of the entire agreement between the Company and me with regard to the subject matter hereof. I am not relying on any promise or representation by the Company that is not expressly stated herein. This Release and Waiver may only be modified by a writing signed by both me and a duly authorized officer of the Company. Date: By:

  • IN WITNESS of which this Framework Agreement has been duly executed by the Parties. Signed duly authorised for and on behalf of the SUPPLIER Signature: ………………………………………………. Name: ………………………………………………. Position: ………………………………………………. Date ………………………………………………. [Guidance Note: this document should be signed by the same supplier entity that submitted the ITT.] Signed for and on behalf of the AUTHORITY Signature: ………………………………………………. Name: ………………………………………………. Position: ………………………………………………. Date ……………………………………………….

  • N WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their respective officers or representatives thereunto duly authorized, as of the date first above written. CATERPILLAR INC. By Name: Xxxxxx X. Xxxxx Title: Treasurer CATERPILLAR FINANCIAL SERVICES CORPORATION By Name: Xxxxx X. Xxxxxxxx Title: Treasurer CATERPILLAR INTERNATIONAL FINANCE LIMITED By Name: Xxxxx X. Xxxxxxxx Title: Director CATERPILLAR FINANCE CORPORATION By Name: Xxxxx X. Xxxxxxxx Title: Director CITIBANK, N.A., as Agent By Name: Title: CITIBANK INTERNATIONAL PLC, as Local Currency Agent By Name: Title: THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., as Japan Local Currency Agent By Name: Title: Banks CITIBANK, N.A. By Name: Title: Domestic Lending Office: Citibank, N.A. 0000 Xxxxx Xx., Building No. 3 New Castle, Delaware 19720 Attention: Xxxxx Xxxxxx Phone: (000) 000-0000 Fax: (000) 000-0000 Eurocurrency Lending Office: Citibank, N.A. 0000 Xxxxx Xx., Building No. 3 New Castle, Delaware 19720 Attention: Xxxxx Xxxxxx Phone: (000) 000-0000 Fax: (000) 000-0000 [BANK] By Name: Title: Domestic Lending Office: [________] [________] [________] Attention: [________] Phone: [________] Fax: [________] Eurocurrency Lending Office: [________] [________] [________] Attention: [________] Phone: [________] Fax: [________] SCHEDULE I COMMITMENTS BANK COMMITMENT REVOLVING CREDIT COMMITMENT Citibank, N.A. $363,000,000.00 $338,500,000.00 Bank of America, N.A. $363,000,000.00 $363,000,000.00 JPMorgan Chase Bank, N.A. $363,000,000.00 $338,500,000.00 Barclays Bank PLC $286,000,000.00 $266,000,000.00 Société Générale $286,000,000.00 $266,000,000.00 The Bank of Tokyo – Mitsubishi UFJ, Ltd. $286,000,000.00 $286,000,000.00 The Royal Bank of Scotland plc $286,000,000.00 $266,000,000.00 Australia and New Zealand Banking Group Limited $176,000,000.00 $176,000,000.00 Xxxxxxx Xxxxx Bank USA $176,000,000.00 $176,000,000.00 Royal Bank of Canada $176,000,000.00 $165,000,000.00 Toronto Dominion (Texas) LLC $176,000,000.00 $176,000,000.00 Commerzbank AG, New York and Grand Cayman Branches $132,000,000.00 $123,500,000.00 BNP Paribas $132,000,000.00 $121,500,000.00 Deutsche Bank AG, New York Branch $132,000,000.00 $132,000,000.00 HSBC Bank USA, National Association $132,000,000.00 $132,000,000.00 ING Bank N.V., Dublin Branch $132,000,000.00 $132,000,000.00 Lloyds TSB Bank plc $132,000,000.00 $124,500,000.00 U.S. Bank National Association $132,000,000.00 $132,000,000.00 Banco Bilbao Vizcaya Argentaria, S.A., New York Branch $110,000,000.00 $110,000,000.00 The Northern Trust Company $99,000,000.00 $99,000,000.00 KBC Bank NV, New York Branch $66,000,000.00 $62,500,000.00 Standard Chartered Bank $66,000,000.00 $66,000,000.00 China Construction Bank Corporation, New York Branch $55,000,000.00 $55,000,000.00 The Bank of New York Mellon $55,000,000.00 $55,000,000.00 Industrial and Commercial Bank of China Limited, New York Branch $44,000,000.00 $44,000,000.00 Westpac Banking Corporation $44,000,000.00 $44,000,000.00 TOTAL $4,400,000,000.00 $4,250,000,000.00 SCHEDULE II COMMITMENT FEE, CDS CAP, CDS FLOOR GRID Basis for Pricing Xxxxx 0 Xxxxx XX Xxxxx XXX Level IV Level V If the long-term senior, unsecured debt of Caterpillar or CFSC, as applicable, is rated at least AA- by Standard & Poor’s or at least Aa3 by Moody’s If the long-term senior, unsecured debt of Caterpillar or CFSC, as applicable, is rated at least A+ by Standard & Poor’s or at least A1 by Moody’s If the long-term senior, unsecured debt of Caterpillar or CFSC, as applicable, is rated at least A by Standard & Poor’s or at least A2 by Moody’s If the long-term senior, unsecured debt of Caterpillar or CFSC, as applicable, is rated at least A- by Standard & Poor’s or at least A3 by Moody’s If the long-term senior, unsecured debt of Caterpillar or CFSC, as applicable, is rated lower than Level IV by Standard & Poor’s and Moody’s Commitment Fee Rate 0.050% 0.060% 0.070% 0.100% 0.150% CDS Floor 0.150% 0.200% 0.250% 0.500% 0.750% CDS Cap 0.750% 0.875% 1.000% 1.250% 1.500% SCHEDULE 4.01(h)

  • XX WITNESS WHEREOF the parties have set their respective hands to these presents and a duplicate hereof on the day and year first hereinabove written.Signed and delivered by the within named husband (Name of the husband).Signed and delivered by the within named wife Smt. (Name of the wife)WITNESSES:0.0.Xxxx 4Mutual Separation Agreement Between Husband and Wife with PDF for India, Australia, Malaysia, South Africa, Kenya. Also called Marriage Separation Agreement. We have also provided Mutual consent divorce petition and Mutual divorce petition format at our xxxxxxx.Xxxxxx Separation Agreement between Husband and WifeIf you are a Lawyer, Judge or Legal consultant then join our Legal Help Community sending an email to [email protected] with your position and location. We will send you leads from our website.Sample Mutual Separation Agreement Between Husband and WifeTHIS AGREEMENT made at………. on this ………. day of 20 , between

  • IN WITNESS OF the parties hereto have caused this Amended and Restated Trust Agreement to be duly executed by their respective officers hereunto duly authorized, as of the day and year first above written. CS FUNDING II DEPOSITOR LLC, as Depositor By: Name: Title: WILMINGTON TRUST COMPANY, as Owner Trustee By: Name: Title: Agreed and Acknowledged: CAPITALSOURCE FINANCE, LLC By: Name: Title: Trust Agreement EXHIBIT A TO THE AMENDED AND RESTATED TRUST AGREEMENT FORM OF TRUST CERTIFICATE THE INTEREST IN THE TRUST REPRESENTED BY THIS TRUST CERTIFICATE HAS NOT BEEN AND WILL NOT BE REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR ANY STATE SECURITIES LAWS. THIS TRUST CERTIFICATE MAY BE DIRECTLY OR INDIRECTLY OFFERED OR SOLD OR OTHERWISE DISPOSED OF BY THE HOLDER HEREOF ONLY TO (I) A “QUALIFIED INSTITUTIONAL BUYER” AS DEFINED IN RULE 144A UNDER THE ACT, IN A TRANSACTION THAT IS REGISTERED UNDER THE ACT AND APPLICABLE STATE SECURITIES LAWS OR THAT IS EXEMPT FROM THE REGISTRATION REQUIREMENTS OF THE ACT PURSUANT TO RULE 144A OR (II) AN INSTITUTIONAL “ACCREDITED INVESTOR”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“EMPLOYEE BENEFIT PLAN” WITHIN THE MEANING OF SECTION 3(3) OF THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED, (B) A “PLAN” WITHIN THE MEANING OF SECTION 4975(E)(1) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, OR (C) AN ENTITY WHOSE UNDERLYING ASSETS INCLUDE PLAN ASSETS BY REASON OF A PLAN’S INVESTMENT IN THE ENTITY (EACH, A “BENEFIT PLAN INVESTOR”), AND (II) IS NOT DIRECTLY OR INDIRECTLY PURCHASING SUCH TRUST CERTIFICATE ON BEHALF OF, AS INVESTMENT MANAGER OF, AS NAMED FIDUCIARY OF, AS TRUSTEE OF, OR WITH THE ASSETS OF A BENEFIT PLAN INVESTOR. THE TRANSFEREE OF THIS CERTIFICATE SHALL BE SUBJECT TO UNITED STATES FEDERAL WITHHOLDING TAX UNLESS THE CERTIFICATE REGISTRAR SHALL HAVE RECEIVED A CERTIFICATE OF NON-FOREIGN STATUS CERTIFYING AS TO THE TRANSFEREE’S STATUS AS A U.S. PERSON UNDER U.S. FEDERAL TAX LAW. THE OWNER TRUSTEE SHALL NOT EXECUTE, AND SHALL NOT COUNTERSIGN AND DELIVER, A TRUST CERTIFICATE IN CONNECTION WITH ANY TRANSFER OF THIS TRUST CERTIFICATE UNLESS THE TRANSFEROR SHALL HAVE PROVIDED TO THE OWNER TRUSTEE A CERTIFICATE, SIGNED BY THE TRANSFEREE, WHICH CERTIFICATE SHALL CONTAIN THE CONSENT OF THE TRANSFEREE TO ANY AMENDMENTS OF THE TRUST AGREEMENT AS MAY BE REQUIRED TO EFFECTUATE FURTHER THE RESTRICTIONS ON TRANSFER OF THE TRUST CERTIFICATES TO NON-PERMITTED FOREIGN HOLDERS, AND AN AGREEMENT BY THE TRANSFEREE THAT IT WILL NOT TRANSFER THIS TRUST CERTIFICATE WITHOUT PROVIDING TO THE OWNER TRUSTEE A SUBSTANTIALLY IDENTICAL CERTIFICATE, SIGNED BY THE PROSPECTIVE OWNER TO WHOM THIS TRUST CERTIFICATE IS TO BE TRANSFERRED. TRUST CERTIFICATE No. THIS CERTIFIES THAT [ ] (the “Owner”) is the registered owner of the Percentage Interest from time to time applicable to this Certificate pursuant to the terms of the Amended and Restated Trust Agreement referred to below or such other Percentage Interest as shall be set forth from time to time in Schedule 1 hereto in CapitalSource Funding II Trust (the “Trust”) existing under the laws of the State of Delaware and created pursuant to the Amended and Restated Trust Agreement dated as of September 17, 2003 (the “Trust Agreement”) between CS Funding II Depositor LLC. as Depositor and Wilmington Trust Company, not in its individual capacity but solely in its fiduciary capacity as owner trustee under the Trust Agreement (the “Owner Trustee”). Initially capitalized terms used but not defined herein have the meanings assigned to them in the Trust Agreement. The Owner Trustee, on behalf of the Issuer and not in its individual capacity, has executed this Trust Certificate by one of its duly authorized signatories as set forth below. This Trust Certificate is one of the Trust Certificates referred to in the Trust Agreement and is issued under and is subject to the terms, provisions and conditions of the Trust Agreement to which the holder of this Trust Certificate by virtue of the acceptance hereof agrees and by which the holder hereof is bound. Reference is hereby made to the Trust Agreement and the Sale and Servicing Agreement for the rights of the holder of this Trust Certificate, as well as for the terms and conditions of the Trust created by the Trust Agreement.

  • IN WITNESS HEREOF the parties hereto have caused this 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/ XXXX XXXXXXXX Name: Xxxx Xxxxxxxx Title: Vice President ON BEHALF OF THE GUARANTEEING SUBSIDIARY 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/ XXXXXX XXXXXXXX-XXXXX Name: Xxxxxx Xxxxxxxx-Xxxxx Title: Vice President ON BEHALF OF THE EXISTING GUARANTORS LISTED ON SCHEDULE IV By: /s/ W. XXXXXXXX XXXXXX Name: W. Xxxxxxxx Xxxxxx Title: Corporate Secretary and Chief Legal Officer 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 Calpine Bethlehem, LLC Calpine Mid-Atlantic Energy, LLC Calpine Mid-Atlantic Generation, LLC Calpine Mid-Atlantic Marketing, LLC Calpine New Jersey Generation, LLC Calpine Solar, LLC Calpine Vineland Solar, LLC New Development Holdings, LLC SCHEDULE II Name of Guarantor Calpine Mid-Atlantic Operating, LLC SCHEDULE III Name of Guarantor Calpine Construction Management Company, Inc. Calpine Operating Services Company, Inc. Calpine Power Services, Inc. Xxxxxxxxx Turbine Systems America, Inc. SCHEDULE IV 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 Name of Guarantor Calpine Geysers Company, L.P. Calpine Gilroy 1, Inc. 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 Pipeline, Inc. Calpine MVP, Inc. Calpine Newark, LLC Calpine Northbrook Holdings Corporation Calpine Northbrook Investors, LLC Calpine Northbrook Project Holdings, LLC Calpine Xxxxx Power, LLC Calpine Operations Management Company, Inc. Calpine Power Company Calpine Power, Inc. Calpine Power Management, Inc. Calpine Power Management, LLC Calpine PowerAmerica, Inc. Calpine PowerAmerica, LLC Calpine PowerAmerica-CA, LLC Calpine PowerAmerica-CT, LLC Calpine PowerAmerica-MA, LLC Name of Guarantor Calpine PowerAmerica-ME, LLC Calpine PowerAmerica-NH, LLC Calpine PowerAmerica-NY, LLC Calpine PowerAmerica-OR, LLC Calpine PowerAmerica-PA, LLC Calpine PowerAmerica-RI, LLC Calpine Project Holdings, Inc. Calpine Xxxxx, Inc. Calpine Rumford I, Inc. Calpine Rumford, Inc. Calpine Schuylkill, Inc. Calpine Sonoran Pipeline, LLC Calpine Stony Brook Operators, Inc. Calpine Stony Brook, Inc. Calpine Sumas, Inc. Calpine TCCL Holdings, Inc. Calpine Texas Pipeline GP, Inc. Calpine Texas Pipeline LP, Inc. Calpine Texas Pipeline, L.P. Calpine Tiverton I, Inc. Calpine Tiverton, Inc. Calpine University Power, Inc. Xxxxxxxx Energy LLC CCFC Development Company, LLC CES Marketing IX, LLC CES Marketing V, L.P. CES Marketing X, LLC Channel Energy Center, LLC Clear Lake Cogeneration Limited Partnership Columbia Energy LLC Corpus Christi Cogeneration, LLC Name of Guarantor CPN 3rd Turbine, Inc. CPN Acadia, Inc. CPN Cascade, Inc. CPN Clear Lake, Inc. CPN East Fuels, LLC CPN Energy Services GP, Inc. CPN Energy Services LP, Inc. CPN Pipeline Company CPN Xxxxx Funding Corporation CPN Telephone Flat, Inc. Decatur Energy Center, LLC Delta Energy Center, LLC East Altamont Energy Center, LLC Fontana Energy Center, LLC Freestone Power Generation, LLC GEC Bethpage Inc. Geysers Power Company, LLC Geysers Power I Company Hillabee Energy Center, LLC Idlewild Fuel Management Corp. JMC Bethpage, Inc. Lone Oak Energy Center, LLC Los Medanos Energy Center LLC Magic Valley Pipeline, L.P. Moapa Energy Center, LLC Mobile Energy LLC Modoc Power, Inc. Xxxxxx Energy Center, LLC Northwest Cogeneration, Inc. NTC Five, Inc. Pastoria Energy Center, LLC Name of Guarantor Pastoria Energy Facility, L.L.C. Pine Bluff Energy, LLC RockGen Energy LLC Rumford Power Associates Limited Partnership San Xxxxxxx Valley Energy Center, LLC Santa Xxxx Energy Center, LLC Stony Brook Cogeneration, Inc. Stony Brook Fuel Management Corp. Xxxxxx Dryers, Inc. Texas City Cogeneration, LLC Texas Cogeneration Five, Inc. Texas Cogeneration One Company Thermal Power Company Tiverton Power Associates Limited Partnership Wawayanda Energy Center, LLC

Time is Money Join Law Insider Premium to draft better contracts faster.