Common use of Applicable Provisions Clause in Contracts

Applicable Provisions. Except as specifically set forth herein, this Sublease is subject and subordinate to all of the terms and conditions of that certain Industrial Space Lease (the "Original Lease") dated May 4, 1994, in effect by and between Cirrus Investments L.L.P., successor in interest to Renco Investment Company ("Master Landlord") and Sublandlord, as Tenant, as amended by that certain Addendum to Lease of equal date therewith (the "Addendum"), and as further amended by that certain First Amendment to Lease, dated June 14, 1995, (the "First Amendment"). (The Original Lease, the Addendum, and the First Amendment are sometimes collectively referred to herein as the "Master Lease".) A copy of the Master Lease is attached hereto as Exhibit "A" and incorporated herein by reference. Subtenant hereby assumes and agrees to perform the obligations of Tenant under the Master Lease as more particularly set forth hereafter. Unless otherwise defined, all capitalized terms used herein shall have the same meanings as given them in the Master Lease. Neither Sublandlord nor Subtenant shall commit or permit to be committed any act or omission which would violate any term or condition of the Master Lease. Subtenant shall neither do nor permit anything to be done which would cause the Master Lease to be terminated or forfeited by reason of any right of termination or forfeiture reserved or vested in Master Landlord under the Master Lease, and Subtenant shall indemnify and hold Sublandlord harmless from and against all liability, judgments, costs, demands, claims, and damages of any kind whatsoever (including, without limitation, attorneys' fees and court costs) by reason of any failure on the part of Subtenant to perform any of the obligations of Tenant under the Master Lease which Subtenant has become obligated hereunder to perform. In the event of the termination of Sublandlord's interest as Tenant under the Master Lease for any reason other than for Sublandlord's breach, then this Sublease shall terminate automatically upon such termination without any liability of Master Landlord or Sublandlord to Subtenant. Subtenant represents and warrants to Sublandlord that it has read and is familiar with the Master Lease.

Applicable Provisions. Except The following provisions shall apply to each Bankers’ Acceptance hereunder: (i) the face amount at maturity of each draft drawn by Company to be accepted as specifically set forth hereina Bankers’ Acceptance shall be Cdn. $100,000 and integral multiples thereof; (ii) each draft drawn by Company and presented for acceptance by a Lender shall be drawn on the standard form of such Lender in effect at the time, this Sublease is subject and subordinate specifying the BA Interest Period, provided that Administrative Agent may require the Lenders to all use a generic form of Bankers’ Acceptance, in a form satisfactory to each Lender, acting reasonably, provided by Administrative Agent for such purpose in place of the terms and conditions Lenders’ own forms; (iii) subject to subparagraph 3.1B(iv), Bankers’ Acceptances shall be signed by duly authorized officers of that certain Industrial Space Lease (the "Original Lease") dated May 4, 1994Company or, in effect the alternative, the signatures of such officers may be mechanically reproduced in facsimile thereon and Bankers’ Acceptances bearing such facsimile signatures shall be binding on Company as if they had been manually executed and delivered by such officers on behalf of Company. Notwithstanding that any person whose manual or facsimile signature appears on any Bankers’ Acceptance may no longer be an authorized signatory for Company on the date of issuance of a Bankers’ Acceptance, such signature shall nevertheless be valid and between Cirrus Investments L.L.P.sufficient for all purposes as if such authority had remained in force at the time of such issuance and any such Bankers’ Acceptance shall be binding on Company; and (iv) in lieu of Company signing Bankers’ Acceptances in accordance with subparagraph 3.1B(iii), successor and, for so long as the power of attorney in interest subparagraph 3.2A is in force with respect to Renco Investment a given Lender, such Lender shall execute and deliver Bankers’ Acceptances on behalf of Company in accordance with the provisions thereof and, for certainty, all references herein to drafts drawn by Company, Bankers’ Acceptances executed by Company or similar expressions shall be deemed to include Bankers’ Acceptances executed in accordance with a power of attorney, unless the context otherwise requires. If and for so long as the power of attorney referred to in subsection 3.2A is in force with respect to each Lender, it is intended that pursuant to the DBNA, all Bankers’ Acceptances accepted by the Lenders ("Master Landlord"other than Old System Issuers) and Sublandlord, under this Agreement will be issued in the form of a “depository bxxx” (as Tenant, as amended by that certain Addendum to Lease of equal date therewith (defined in the "Addendum"DBNA), and deposited with a Clearing House. In order to give effect to the foregoing, Administrative Agent will, subject to the approval of Company and the Lenders (other than Old System Issuers), establish and notify Company and the Lenders of any additional procedures, consistent with the terms of this Agreement and the DBNA, as further amended are reasonably necessary to accomplish such intention, including: (a) any instrument held by that certain First Amendment to LeaseAdministrative Agent for the purposes of Bankers’ Acceptances will have marked prominently and legibly on its face and within its text, dated June 14, 1995, (at or before the "First Amendment"). (The Original Leasetime of issue, the Addendum, words “This is a depository bxxx subject to the Depository Bills and Notes Act (Canada)”; (b) any reference to the First Amendment are sometimes collectively referred to herein as the "Master Lease".) A copy authentication of the Master Lease is attached hereto as Exhibit "A" Bankers’ Acceptance will be removed; and (c) any reference to the “bearer” will be removed and incorporated herein by reference. Subtenant hereby assumes and agrees to perform the obligations such Bankers’ Acceptances will not be marked with any words prohibiting negotiation, transfer or assignment of Tenant under the Master Lease as more particularly set forth hereafter. Unless otherwise defined, all capitalized terms used herein shall have the same meanings as given them it or of an interest in the Master Lease. Neither Sublandlord nor Subtenant shall commit or permit to be committed any act or omission which would violate any term or condition of the Master Lease. Subtenant shall neither do nor permit anything to be done which would cause the Master Lease to be terminated or forfeited by reason of any right of termination or forfeiture reserved or vested in Master Landlord under the Master Lease, and Subtenant shall indemnify and hold Sublandlord harmless from and against all liability, judgments, costs, demands, claims, and damages of any kind whatsoever (including, without limitation, attorneys' fees and court costs) by reason of any failure on the part of Subtenant to perform any of the obligations of Tenant under the Master Lease which Subtenant has become obligated hereunder to perform. In the event of the termination of Sublandlord's interest as Tenant under the Master Lease for any reason other than for Sublandlord's breach, then this Sublease shall terminate automatically upon such termination without any liability of Master Landlord or Sublandlord to Subtenant. Subtenant represents and warrants to Sublandlord that it has read and is familiar with the Master Leaseit.

Applicable Provisions. Except The following provisions shall apply to each Bankers' Acceptance hereunder: (i) the face amount at maturity of each draft drawn by Company to be accepted as specifically set forth hereina Bankers' Acceptance shall be Cdn. $100,000 and integral multiples thereof; (ii) each draft drawn by Company and presented for acceptance by a Lender shall be drawn on the standard form of such Lender in effect at the time, this Sublease is subject and subordinate specifying the BA Interest Period, provided that Administrative Agent may require the Lenders to all use a generic form of Bankers' Acceptance, in a form satisfactory to each Lender, acting reasonably, provided by Administrative Agent for such purpose in place of the terms and conditions Lenders' own forms; (iii) subject to subparagraph 3.1B(iv), Bankers' Acceptances shall be signed by duly authorized officers of that certain Industrial Space Lease (the "Original Lease") dated May 4, 1994Company or, in effect the alternative, the signatures of such officers may be mechanically reproduced in facsimile thereon and Bankers' Acceptances bearing such facsimile signatures shall be binding on Company as if they had been manually executed and delivered by such officers on behalf of Company. Notwithstanding that any person whose manual or facsimile signature appears on any Bankers' Acceptance may no longer be an authorized signatory for Company on the date of issuance of a Bankers' Acceptance, such signature shall nevertheless be valid and between Cirrus Investments L.L.P.sufficient for all purposes as if such authority had remained in force at the time of such issuance and any such Bankers' Acceptance shall be binding on Company; and (iv) in lieu of Company signing Bankers' Acceptances in accordance with subparagraph 3.1B(iii), successor and, for so long as the power of attorney in interest subparagraph 3.2A is in force with respect to Renco Investment a given Lender, such Lender shall execute and deliver Bankers' Acceptances on behalf of Company in accordance with the provisions thereof and, for certainty, all references herein to drafts drawn by Company, Bankers' Acceptances executed by Company or similar expressions shall be deemed to include Bankers' Acceptances executed in accordance with a power of attorney, unless the context otherwise requires. If and for so long as the power of attorney referred to in subsection 3.2A is in force with respect to each Lender, it is intended that pursuant to the DBNA, all Bankers' Acceptances accepted by the Lenders (other than Old System Issuers) under this Agreement will be issued in the form of a "Master Landlord") and Sublandlord, depository xxxx" (as Tenant, as amended by that certain Addendum to Lease of equal date therewith (defined in the "Addendum"DBNA), and deposited with a Clearing House. In order to give effect to the foregoing, Administrative Agent will, subject to the approval of Company and the Lenders (other than Old System Issuers), establish and notify Company and the Lenders of any additional procedures, consistent with the terms of this Agreement and the DBNA, as further amended are reasonably necessary to accomplish such intention, including: (a) any instrument held by that certain First Amendment Administrative Agent for the purposes of Bankers' Acceptances will have marked prominently and legibly on its face and within its text, at or before the time of issue, the words "This is a depository xxxx subject to Lease, dated June 14, 1995, the Depository Bills and Notes Act (Canada)"; (b) any reference to the authentication of the Bankers' Acceptance will be removed; and (c) any reference to the "First Amendment"). (The Original Leasebearer" will be removed and such Bankers' Acceptances will not be marked with any words prohibiting negotiation, the Addendum, and the First Amendment are sometimes collectively referred to herein as the "Master Lease"transfer or assignment of it or of an interest in it.) A copy of the Master Lease is attached hereto as Exhibit "A" and incorporated herein by reference. Subtenant hereby assumes and agrees to perform the obligations of Tenant under the Master Lease as more particularly set forth hereafter. Unless otherwise defined, all capitalized terms used herein shall have the same meanings as given them in the Master Lease. Neither Sublandlord nor Subtenant shall commit or permit to be committed any act or omission which would violate any term or condition of the Master Lease. Subtenant shall neither do nor permit anything to be done which would cause the Master Lease to be terminated or forfeited by reason of any right of termination or forfeiture reserved or vested in Master Landlord under the Master Lease, and Subtenant shall indemnify and hold Sublandlord harmless from and against all liability, judgments, costs, demands, claims, and damages of any kind whatsoever (including, without limitation, attorneys' fees and court costs) by reason of any failure on the part of Subtenant to perform any of the obligations of Tenant under the Master Lease which Subtenant has become obligated hereunder to perform. In the event of the termination of Sublandlord's interest as Tenant under the Master Lease for any reason other than for Sublandlord's breach, then this Sublease shall terminate automatically upon such termination without any liability of Master Landlord or Sublandlord to Subtenant. Subtenant represents and warrants to Sublandlord that it has read and is familiar with the Master Lease.

Applicable Provisions. Except The following provisions shall apply to each Bankers' Acceptance hereunder: (i) the face amount at maturity of each draft drawn by Company to be accepted as specifically set forth hereina Bankers' Acceptance shall be Can$100,000 and integral multiples of Can$1000 in excess thereof; (ii) each draft drawn by Company and presented for acceptance by a Lender shall be drawn on the standard form of such Lender in effect at the time, this Sublease is subject and subordinate specifying the BA Interest Period; provided that Administrative Agent may require the Lenders to all use a generic form of Bankers' Acceptance, in a form satisfactory to each Lender, acting reasonably, provided by Administrative Agent for such purpose in place of the terms and conditions Lenders' own forms; (iii) subject to Section 2.3(b)(iv), Bankers' Acceptances shall be signed by duly authorized officers of that certain Industrial Space Lease (the "Original Lease") dated May 4, 1994Company or, in effect the alternative, the signatures of such officers may be mechanically reproduced in facsimile thereon and Bankers' Acceptances bearing such facsimile signatures shall be binding on Company as if they had been manually executed and delivered by such officers on behalf of Company. Notwithstanding that any person whose manual or facsimile signature appears on any Bankers' Acceptance may no longer be an authorized signatory for Company on the date of issuance of a Bankers' Acceptance, such signature shall nevertheless be valid and between Cirrus Investments L.L.P., successor sufficient for all purposes as if such authority had remained in interest to Renco Investment force at the time of such issuance and any such Bankers' Acceptance shall be binding on Company; and (iv) in lieu of Company ("Master Landlord") and Sublandlord, as Tenant, as amended by that certain Addendum to Lease of equal date therewith (the "Addendum"signing Bankers' Acceptances in accordance with Section 2.3(b)(iii), and for so long as further amended the power of attorney in Section 2.3(c) is in force with respect to a given Lender, such Lender shall execute and deliver Bankers' Acceptances on behalf of Company in accordance with the provisions thereof and, for certainty, all references herein to drafts drawn by Company, Bankers' Acceptances executed by Company or similar expressions shall be deemed to include Bankers' Acceptances executed in accordance with a power of attorney, unless the context otherwise requires. If and for so long as the power of attorney referred to in Section 2.3(c) is in force with respect to each Lender, it is intended that certain First Amendment pursuant to Leasethe DBNA, dated June 14all Bankers' Acceptances accepted by the Lenders (other than Old System Issuers) under this Agreement will be issued in the form of a "depository xxxx" (as defined in the DBNA), 1995and deposited with a Clearing House. In order to give effect to the foregoing, Administrative Agent will, subject to the approval of Company and the Lenders (other than Old System Issuers), establish and notify Company and the Lenders of any additional procedures, consistent with the terms of this Agreement and the DBNA, as are reasonably necessary to accomplish such intention, including: (A) any instrument held by Administrative Agent for the purposes of Bankers' Acceptances will have marked prominently and legibly on its face and within its text, at or before the time of issue, the words "This is a depository xxxx subject to the Depository Bills and Notes Act (Canada)"; (B) any reference to the authentication of the Bankers' Acceptance will be removed; and (C) any reference to the "First Amendment"). (The Original Leasebearer" will be removed and such Bankers' Acceptances will not be marked with any words prohibiting negotiation, the Addendum, and the First Amendment are sometimes collectively referred to herein as the "Master Lease"transfer or assignment of it or of an interest in it.) A copy of the Master Lease is attached hereto as Exhibit "A" and incorporated herein by reference. Subtenant hereby assumes and agrees to perform the obligations of Tenant under the Master Lease as more particularly set forth hereafter. Unless otherwise defined, all capitalized terms used herein shall have the same meanings as given them in the Master Lease. Neither Sublandlord nor Subtenant shall commit or permit to be committed any act or omission which would violate any term or condition of the Master Lease. Subtenant shall neither do nor permit anything to be done which would cause the Master Lease to be terminated or forfeited by reason of any right of termination or forfeiture reserved or vested in Master Landlord under the Master Lease, and Subtenant shall indemnify and hold Sublandlord harmless from and against all liability, judgments, costs, demands, claims, and damages of any kind whatsoever (including, without limitation, attorneys' fees and court costs) by reason of any failure on the part of Subtenant to perform any of the obligations of Tenant under the Master Lease which Subtenant has become obligated hereunder to perform. In the event of the termination of Sublandlord's interest as Tenant under the Master Lease for any reason other than for Sublandlord's breach, then this Sublease shall terminate automatically upon such termination without any liability of Master Landlord or Sublandlord to Subtenant. Subtenant represents and warrants to Sublandlord that it has read and is familiar with the Master Lease.