IN TESTIMONY WHEREOF the parties hereto have executed this Contract as of the dates shown below.
IN TESTIMONY WHEREOF the parties hereto have caused this Agreement to be duly executed by their authorized agents. City of Durham By: Xxxxxx X. Xxxxxxxx, City Manager ATTEST: Durham City Clerk Vermilion Homestead, LLC a North Carolina limited liability company By WHAD Vermilion, LLC a North Carolina limited liability company Its Managing Member By Workforce Homestead, Inc. a North Carolina corporation, Its Managing Member By: NORTH CAROLINA COUNTY OF DURHAM I, a Notary Public in and for the aforesaid county and state certify that personally appeared before me this day, and acknowledged that she is the City Clerk of the City of Durham, a municipal corporation, and that by authority duly given and as the act of the City, the foregoing agreement was signed in its corporate name by Xxxxxx X. Xxxxxxxx, its City Manager, sealed with its corporate seal, and attested by its said City Clerk. This the day of , 2014. My Commission expires: Notary Public NORTH CAROLINA COUNTY OF I, a notary public in and for the aforesaid county and state, certify that personally appeared before me this day and stated that he or she is Assistant Secretary of Workforce Homestead, Inc., a corporation, and that by authority duly given and as the act of the corporation, the foregoing agreement with the City of Durham was signed in its name by Xxxxx X. Xxxxx, its President, sealed with its corporate seal, and attested by him/herself as its said Secretary of Assistant Secretary. This the day of , 2014. My Commission Expires: Notary Public PRE-AUDIT STATEMENT This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. City of Durham Finance Officer Date PROJECT DESCRIPTION DEVELOPER: Vermilion Homestead, LLC x/x Xxxxx X. Xxxxx 14 Brewery Xxxx Xxxxx, NC 28782 LOCATION: 0000 Xxxx Xxxx, Durham, NC. PROJECT
IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my official notarial seal at my office in , the day and year first above written. Notary Public My Commission Expires: EXHIBIT A BEGINNING AT A POINT ON THE EAST LINE OF XXXXXXX AVENUE, AS NOW LOCATED IN THE CITY OF SPRINGFIELD, XXXXXX COUNTY, MISSOURI 274.6 FEET NORTH OF THE NORTHEAST CORNER OF ST. LOUIS STREET AND SAID XXXXXXX AVENUE; THENCE NORTH ALONG SAID EAST LINE OF SAID XXXXXXX AVENUE, AS NOW LOCATED, TO THE XXXXXXXXX XXXXXX XX XXX X XX XXXX 0 OF MARBLEHEAD ADDITION, A SUBDIVISION IN SAID CITY; THENCE NORTHEASTERLY ALONG SAID NORTH LINE OF SAID LOT A, 38.9 FEET TO THE POINT WHERE SAID NORTH LINE OF SAID XXX 0 XXXX XXX XXXX XXX XXXX; THENCE EAST ALONG SAID NORTH LINE OF SAID LOT A TO THE NORTHEAST CORNER OF SAID LOT A; THENCE SOUTH 19.5 FEET; THENCE SOUTHEASTERLY 190.7 FEET, TO AN IRON ROD SET 178.12 FEET EAST OF SAID EAST LINE OF XXXXXXX AVENUE, AS NOW LOCATED; THENCE SOUTH 86 DEGREES 20 MINUTES WEST, 97.8 FEET; THENCE WEST TO THE POINT OF BEGINNING, ALL IN THE CITY OF SPRINGFIELD, XXXXXX COUNTY, MISSOURI, EXCEPT ANY PART THEREOF DEEDED, TAKEN OR USED FOR ROAD OR HIGHWAY PURPOSES. IT BEING THE INTENTION TO DESCRIBED ALL OF LOT A OF PLOT 1 IN MARBLEHEAD ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, IN THE CITY OF SPRINGFIELD, XXXXXX COUNTY, MISSOURI, AND CERTAIN PROPERTY CONVEYED BY X.X. XXXXXXXX AND XXXXX
IN TESTIMONY WHEREOF. Company has caused this Agreement to be executed in its corporate name by its Executive Vice President, and attested by its Assistant Secretary, all by the authority of its Board of Directors duly given, and Executive has hereunto set his hand and adopted as his seal the typewritten word “SEAL” appearing beside his name, as of the day and year first above written. FIRST-CITIZENS BANK & TRUST COMPANY By: /s/ XXX X. XXXXX ATTEST: /s/ XXX XXXXXXXX Assistant Secretary /s/ XXXXX X. HOLDING (SEAL) Executive
IN TESTIMONY WHEREOF. Assignor and the Assignee have executed this Assignment as of the date first above written. ASSIGNOR: ________________________________ Larrx Xxxxxx ASSIGNEE: AERC HP Advisors LP By: Associated Estates Realty Corporation Its: General Partner By: ___________________________ Martxx X. Xxxxxxx Its: Vice President 188 Contribution and Partnership Purchase Agreement EXHIBIT M-1 ----------- ASSIGNMENT OF PARTNERSHIP INTEREST THIS ASSIGNMENT is made as of ______________, 1998, by and between JAMEX X. XXXX ("XSSIGNOR"), and AERC HP ADVISORS LP, a Florida limited partnership, (the "ASSIGNEE"),
IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my official seal at my office in said Parish and State the day and year last above written. _________________________ Notary Public Parish of Orleans, State of Louisiana My Commission is Issued For Life STATE OF NEW JERSEY ) ) SS.: COUNTY OF HUDSON ) On this 12th day of November, 0000, before me, David Rocco, a Notary Public duly commissionex, xxxxxxxed and acting within and for said County and State, appeared Irina Golovashchuk and Rodney Gaughan to me persxxxxxx xxxx xxxxx, who xxxxxx xxxx xhey were Associates of DEUTSCHE BANK TRUST COMPANY AMERICAS, a corporation, and were duly authorized in their capacities to execute the foregoing instrument for and in the name and behalf of said corporation; and further stated and acknowledged that they had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. On the 12th day of November, 2002, before me personally came Irina Golovashchuk, to me known, who, being by mx xxxx xxxxx, xxx depose and say that she resides at 153 Winston Drive, Matawan, New Jersey 07747; xxxx xxx xx xx Xxxxxxxxx xx XXXXXXXX XXXX TRUST COMPANY AMERICAS, one of the corporations described in and which executed the above instrument; that she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of the Board of Directors of said corporation, and that she signed her name thereto by like authority. On the 12th day of November, 2002, before me appeared Dorothy Robinson, to me personally known, who, bxxxx xx xx xxxy sworn, did say that she is a Vice President of DEUTSCHE BANK TRUST COMPANY AMERICAS, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and she acknowledged said instrument to be the free act and deed of said corporation.
IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written.
IN TESTIMONY WHEREOF. PFSWEB, INC. has caused this Statement to be signed under its corporate seal by its _____________________ and its Secretary as of the 8th day of June, 2000. PFSWEB, INC. By: -------------------------------- Name: Title: ATTEST: -------------------------------- Name: Title: EXHIBIT B [Form of Right Certificate] Certificate No. R- __________ Rights NOT EXERCISABLE AFTER [________________] OR EARLIER IF REDEEMED OR EXCHANGED BY THE COMPANY. THE RIGHTS ARE SUBJECT TO REDEMPTION, AT THE OPTION OF THE COMPANY, AT $0.001 PER RIGHT ON THE TERMS SET FORTH IN THE RIGHTS AGREEMENT. UNDER CERTAIN CIRCUMSTANCES, RIGHTS BENEFICIALLY OWNED BY AN ACQUIRING PERSON (AS SUCH TERM IS DEFINED IN THE RIGHTS AGREEMENT (AS HEREINAFTER DEFINED)) AND ANY SUBSEQUENT HOLDER OF SUCH RIGHTS MAY BECOME NULL AND VOID. [THE RIGHTS REPRESENTED BY THIS CERTIFICATE ARE OR WERE BENEFICIALLY OWNED BY A PERSON WHO WAS OR BECAME AN ACQUIRING PERSON OR AN AFFILIATE OR ASSOCIATE OF AN ACQUIRING PERSON (AS SUCH TERMS ARE DEFINED IN THE RIGHTS AGREEMENT). ACCORDINGLY, THIS RIGHT CERTIFICATE AND THE RIGHTS REPRESENTED HEREBY MAY BE OR BECOME NULL AND VOID IN THE CIRCUMSTANCES SPECIFIED IN SECTION 7(e) OF THE AGREEMENT.]1/ Right Certificate PFSWEB, INC. This certifies that , or registered assigns, is the registered owner of the number of Rights set forth above, each of which entitles the owner thereof, subject to the terms, provisions and conditions of the Rights Agreement, dated as of June 8, 2000 (the "Rights Agreement"), between PFSWEB, INC., a Delaware corporation (the "Company"), and CHASEMELLON SHAREHOLDER SERVICES, LLC, a New Jersey limited liability company (the "Rights Agent"), to purchase from the Company at any time after the Separation Date (as such term is defined in the Rights Agreement) and prior to the close of business (5:00 PM New York time) on July 6, 2010, at the office or offices of the Rights Agent designated for such purpose, or its successors as Rights Agent, one one-thousandth of a fully paid, nonassessable share of Series A Preferred Stock, par value $1.00 per share ("Series A 1/ The portion of the legend in brackets shall be inserted if applicable and shall replace the preceding sentence. Share") of the Company, at a purchase price of $67 per one one-thousandth of a share (the "Purchase Price"), upon presentation and surrender of this Right Certificate with the Form of Election to Purchase and related Certificate duly executed. The number of rights evidenced by this Right Ce...
IN TESTIMONY WHEREOF the Grantor has caused these presents to be executed in its company name by its Authorized Agent. GRANTOR: GREAT RIVER ENERGY BY:________________________________ _______________________ Authorized Agent STATE OF NORTH DAKOTA ) ) SS COUNTY OF BURLEIGH ) On this _____ day of ____________, 2021, before me, personally appeared _________________, known to me to be the Authorized Agent of the cooperative corporation that is described in, and that they executed the foregoing instrument, and they acknowledged that such cooperative corporation executed the same. Notary Public (Seal) EXHIBIT D To Termination Agreement and Release, dated June 30, 2021 ASSIGNMENT OF LEASES KNOW ALL MEN BY THESE PRESENTS: THAT FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Great River Energy, a Minnesota cooperative corporation hereinafter called “Assignor,” does hereby sell, assign, transfer, convey, set over, and deliver unto North American Coal Royalty Company, a Delaware corporation, hereinafter called “Assignee,” all of Assignor’s right, title and interest in and to the leases (the “Leases”) described in Exhibit 1, which is attached hereto and made a part hereof for all purposes, as extended or amended, together with all rights incident thereto. Assignee hereby accepts the foregoing assignment and assumes, agrees to pay, perform and discharge when due all of the liabilities and obligations of Assignor related to the Leases that first arise after the date hereof (other than any such liabilities and obligations that arise from breaches of, or defaults under, any of the Leases, or from violations of applicable law that occurred on or prior to the date hereof). This Assignment is subject to the terms and conditions set forth in the Termination Agreement and Release by and between Assignor and The Falkirk Mining Company, dated as of ________, 2021, (the “Termination Agreement”), which is incorporated herein. Capitalized terms used but not defined herein have the meanings assigned to those terms in the Termination Agreement. In the event of any ambiguity or conflict between the terms hereof and the Termination Agreement, the terms of the Termination Agreement shall be governing and controlling. Neither this Assignment nor any term hereof may be changed, waived, discharged or terminated other than by an instrument in writing signed by the Assignor and Assignee. This Assig...
IN TESTIMONY WHEREOF the parties of this Agreement have hereunto attached their signatures respectively, THE BOARD OF REGENTS OF THE UNIVERSITY OF NEBRASKA and the ARCHITECT/ENGINEER. ARCHITECT/ENGINEER PORTION UNIVERSITY PORTION THE BOARD OF REGENTS OF THE UNIVERSITY OF NEBRASKA Name Office of the Vice Chancellor for Business and Finance ACKNOWLEDGEMENTS State of ) County of ) ) ss. (Corporation) Before the undersigned, a Notary Public duly qualified in and for said county and state, personally came who is the of a corporation authorized to do business in the State of Nebraska, and known to be the said officers of said corporation, and the same and identical persons who signed the foregoing Agreement as said officers, and each acknowledge their signing of this Agreement to be their duly authorized act and deed as such officers on behalf of said corporation. Subscribed and sworn to before me this day of , 20 . Notary Public State of Nebraska ) ) ss. (Board of Regents) County of ) Before the undersigned, a Notary Public duly qualified in and for said county and state, personally came who is the for the Board of Regents of the University of Nebraska, and known to me to be said officers of said public corporation, and the same and identical persons who signed the foregoing Agreement as said officers, and each acknowledged their signing of this Agreement to be their duly authorized act and deed as such officers on behalf of said public corporation. Subscribed and sworn to before me this day of , 20 . Notary Public CERTIFIED COPY OF RESOLUTION BE IT RESOLVED, that the following named individuals, and each of them, are hereby authorized as employees of to execute in its behalf all contracts, agreements and releases which they, in their discretion, approve, each such employee being separately and independently authorized to so act without the concurrence or joinder in such action by and of the other named employees: BE IT FURTHER RESOLVED, that any such contract, agreement or release executed by any of the above- name employees in the name of should be considered a contract, agreement, or release of and shall be binding upon it. BE IT FURTHER RESOLVED, that any similar authority heretofore granted by the Board of Directors of the Company to employees other than those named above be and hereby is terminated as of this date, and the authority granted above shall commence this date and shall continue until revoked by resolution of the Board of Directors. I hereby certify that I am Secre...
