Annex A As a condition to (i) receiving an Award under the Plan and (ii) receiving any Stock in settlement of an Award, the Participant hereby agrees that the Participant will be bound by and will comply with the provisions of this Annex A.
Exhibit C Litigating Subdivisions List12
Exhibit A The Collateral consists of all of Borrower’s right, title and interest in and to the following: All goods, equipment, inventory, contract rights or rights to payment of money, leases, license agreements, franchise agreements, general intangibles (including payment intangibles), accounts (including health-care receivables), documents, instruments (including any promissory notes), chattel paper (whether tangible or electronic), cash, deposit accounts, fixtures, letters of credit rights (whether or not the letter of credit is evidenced by a writing), commercial tort claims, securities, and all other investment property, supporting obligations, and financial assets, whether now owned or hereafter acquired, wherever located; and All Borrower’s books relating to the foregoing and any and all claims, rights and interests in any of the above and all substitutions for, additions, attachments, accessories, accessions and improvements to and replacements, products, proceeds and insurance proceeds of any or all of the foregoing. Notwithstanding the foregoing, the Collateral shall not be deemed to include any copyrights (including computer programs, blueprints and drawings), copyright applications, copyright registration and like protection in each work of authorship and derivative work thereof, whether published or unpublished, now owned or hereafter acquired; any design rights; any patents, patent applications and like protections including without limitation improvements, divisions, continuations, renewals, reissues, extensions and continuations-in-part of the same, trademarks, servicemarks and applications therefor, whether registered or not; or any Intellectual Property, except that the Collateral shall include all accounts, license and royalty fees and other revenues, proceeds, or income arising out of or relating to any of the foregoing. Pursuant to the terms of a certain negative pledge arrangement with Bank, Borrower has agreed not to encumber any of its Intellectual Property without Bank’s prior written consent. EXHIBIT B SPECIALTY FINANCE DIVISION Compliance Certificate I, an authorized officer of TINTRI, INC. (“Borrower”) certify under the Loan and Security Agreement (as amended, the “Agreement”) between Borrower and Silicon Valley Bank (“Bank”) as follows for the period ending (all capitalized terms used herein shall have the meaning set forth in this Agreement): Borrower represents and warrants for each Financed Receivable: Each Financed Receivable is an Eligible Account; Borrower is the owner with legal right to sell, transfer, assign and encumber such Financed Receivable; The correct amount is on the Invoice Transmittal and is not disputed; Payment is not contingent on any obligation or contract and Borrower has fulfilled all its obligations as of the Invoice Transmittal date; Each Financed Receivable is based on an actual sale and delivery of goods and/or services rendered, is due to Borrower, is not past due or in default, has not been previously sold, assigned, transferred, or pledged and is free of any liens, security interests and encumbrances other than Permitted Liens; There are no defenses, offsets, counterclaims or agreements for which the Account Debtor may claim any deduction or discount; Borrower reasonably believes no Account Debtor is insolvent or subject to any Insolvency Proceedings; Borrower has not filed or had filed against it Insolvency Proceedings and does not anticipate any filing; Bank has the right to endorse and/ or require Borrower to endorse all payments received on Financed Receivables and all proceeds of Collateral. No representation, warranty or other statement of Borrower in any certificate or written statement given to Bank contains any untrue statement of a material fact or omits to state a material fact necessary to make the statement contained in the certificates or statement not misleading.
Exhibit B Exhibit B is hereby deleted in its entirety and is substituted with the revised Exhibit B, attached hereto.
Annex This Annex will become effective as of the Effective Date, subject to the requirements of Section 1.
Exhibit H Transfer Affidavit........................................... Exhibit I: Form of Transferor Certificate............................... Exhibit J: Form of Investment Letter (Non-Rule 144A).................... Exhibit K: Form of Rule 144A Letter..................................... Exhibit L: Form of Request for Release.................................. THIS POOLING AND SERVICING AGREEMENT, dated as of October 1, 2002, among MORTGAGE ASSET SECURITIZATION TRANSACTIONS, INC., a Delaware corporation, as depositor (the "Depositor"), UBS WARBURG REAL ESTATE SECURITIES INC., a Delaware corporation, as transferor (the "Transferor"), WELLS FARGO BANK MINNESOTA, N.A., a national banking association, as maxxxx servicer (the "Master Servicer"), and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, as trustee (the "Trustee").
Exhibit Exhibit A is hereby deleted in its entirety and replaced with the new Exhibit A attached hereto, which reflects the addition of the Series E Preferred to the Agreement.
Exhibit E Contractor agrees to maintain business records documenting its compliance with the HSP and to submit a monthly compliance report to University in the format required by the Statewide Procurement and Statewide Support Services Division of the Texas Comptroller of Public Accounts or successor entity (collectively, SPSS). Submission of compliance reports will be required as a condition for payment under this Agreement. If University determines that Contractor has failed to subcontract as set out in the HSP, University will notify Contractor of any deficiencies and give Contractor an opportunity to submit documentation and explain why the failure to comply with the HSP should not be attributed to a lack of good faith effort by Contractor. If University determines that Contractor failed to implement the HSP in good faith, University, in addition to any other remedies, may report nonperformance to the SPSS in accordance with 34 TAC §§20.285(g)(5), 20.585 and 20.586. University may also revoke this Agreement for breach and make a claim against Contractor.
THE FIRST SCHEDULE ABOVE REFERRED TO PART - I (Description of the Premises) ALL THAT the piece and parcel of land containing an area of 55 Decimal (Sataks) equivalent to 33 Cottahs 4 Chittacks 18 sq. ft but in physical possession 51.53 Decimal (Sataks) equivalent to 31 Cottahs 2 Chittacks 37 sq. ft. be the same a little more or less in Mouza:- BarhansFartabad, Parganas Madanmolla, Police Station:- Sonarpur, X. X. No.47, Touzi No.109, R.S. No. 7, in the District of South 24- Parganas, comprised in R. S. Khatian No. 222, 223, and 224 R. S. Dag No. 152, 153, 153/1847, 153/1848, 154, 154/1849, 155 Holding no. 000, Xxxxx Xxxxx, Post Office:- Garia, Police Station:- Sonarpur, Kolkata 700 084, under xxxx no. 29, of RajpurSonarpur Municipality, under Additional District Sub-Registrar, Garia, District 24 Parganas South and butted and bounded as follows: ON THE NORTH: By Propery of Xx. Xxxxxx Xxxxx Dutta Xxxxxxxxx and part of Dag no 149, ON THE SOUTH: By Property of Xx. Xxxxxx Xxxxxxxx and Xx. Xxxxx Xxxxxx and 9’ wide Road, ON THE EAST: By Aditya Apartment and 23’-6”wide municipal road and ON THE WEST: By Baroda Prasad High School, OR HOWSOEVER OTHERWISE the same now are or is or heretofore were or was butted bounded called known numbered described or distinguished. PART - II (Description of the New Building “UTSAV”) ALL THAT the new “Building”consisting of 2, 21/2 and 3 BHK Apartments having One Block of Apartments a total of 44 apartments of different types in G+IV storied Block including such other constructions and/or structures,as per the sanctioned Plan bearing No. Building Plan(s) Memo No. 53/CB/29/60 dated 06/06/2017and obtained Completion Certificate dated on upon the Premises more particularly described in the First Schedule herein above.
THE SECOND SCHEDULE ABOVE REFERRED TO (UNIT) All That the Residential Flat / Apartment bearing No. containing a Carpet Area of Square Feet [Built-up Area whereof being Square Feet (inclusive of the area of the balcony(ies) / verandah(s) being Square Feet more or less) and Chargeable Area being Square Feet, which is inclusive of pro rata share in the Common Areas and Installations] more or less, With the Store Room bearing No. containing a Carpet Area of Square Feet [Built-up Area whereof being Square Feet and Chargeable Area being Square Feet, which is inclusive of pro rata share in the Common Areas and Installations] more or less, both on the floor of the Block at the said Premises described in the First Schedule hereinabove written and shown in the Plan annexed hereto, duly bordered thereon in “Red”. With exclusive right to use the Open Private Terrace attached to the said Apartment, containing an area of Square Feet, and shown in the Plan annexed hereto, duly bordered thereon in “ ”. With exclusive right to use the green / garden attached to the said Apartment, containing an area of Square Feet, and shown in the Plan annexed hereto, duly bordered thereon in “ ”. With right to park motor car/s (stack Parking) in the covered space in the Ground Floor of the Building, exact location to be identified by the Promoter on or before the Deemed Date of Possession. With right to park motor car/s (stack Parking) in the open compound of the said Premises, exact location to be identified by the Promoter on or before the Deemed Date of Possession. THE THIRD SCHEDULE ABOVE REFERRED TO PART-I (Common Areas and Installations)