By Xxxxx X. Xxxxx ------------------------------------- Senior Vice President American Portfolio Evaluation Services, a division of Xxx Xxxxxx Investment Advisory Corp. By Xxxxx X. Xxxxx ------------------------------------- Senior Vice President Xxx Xxxxxx Investment Advisory Corp. By Xxxxx X. Xxxxx ------------------------------------- Senior Vice President The Bank of New York By Xxxxx Xxxxxx --------------------------------- Vice President SCHEDULE A TO TRUST AGREEMENT SECURITIES INITIALLY DEPOSITED IN XXX XXXXXX FOCUS PORTFOLIOS, SERIES 238 (Note: Incorporated herein and made a part hereof are the "Portfolios" as set forth in the Prospectus.)
By Xxxxx X. Xxxxx ------------------------------------- Senior Vice President Attest: By Xxxxxx X. Xxxxxxxxx --------------------------------- Vice President American Portfolio Evaluation Services, a division of Xxx Xxxxxx Investment Advisory Corp. By Xxxxx X. Xxxxx ------------------------------------- Senior Vice President Attest By Xxxxxx X. Xxxxxxxxx --------------------------------- Vice President JOSEPHTHAL & CO., INC. By Xxxx Xxxxxxxxxx ------------------------------------- (SEAL) President Attest By Xxxxxx X. XxXxxxxx --------------------------------- Assistant Secretary The Bank of New York By Xxxxxxx Xxxxx ---------------------------------- Vice President Attest By Xxxxxx Xxxx ----------------------------- Assistant Treasurer SCHEDULE A TO TRUST AGREEMENT SECURITIES INITIALLY DEPOSITED IN XXX XXXXXX FOCUS PORTFOLIOS, SERIES 203 (Note: Incorporated herein and made a part hereof is the "Portfolio" as set forth in the Prospectus.)
By Xxxxx X. Xxxxx and Xxxxxxx
By Xxxxx X. Xxxxx ------------------------------------- Vice President American Portfolio Evaluation Services, a division of Xxx Xxxxxx Investment Advisory Corp. By Xxxxx Xxxxx ----------------------------------- Vice President
By Xxxxx X. XXXXXX With Memorial Day weekend now behind us, we have of- ficially begun the start of summer, and it can’t come soon enough. The winter was horrible, the spring non-existent and we can only hope that the summer months bring better things our way – most importantly an increase in employment. Some very positive things have taken place since last month’s Conduit, so let me fill you in on what has been happening. First off, we signed three new PLA’s. They are the 300 million dollar Stony Brook Hospital addition, the 200 million dollar second rail expansion program with the LIRR from Farmingdale to Ronkonkoma and the 45 million Suffolk Community col- lege Health Science Center. The Wyandanch Rising Project is slated to start in July. Forest Labs in Commack is undergoing a full building renovation. There is also slated for construction a new Lowes, Target, Walmart, Home Depot, and Costco. Last month I met with Vice President Xxxx X’Xxxxxx of XX Xxxxxx to discuss the 90 million dollar project slated to go in at NYIT in Upper Brookville. The expansion includes dorms and administration build- ings. The Hofstra University Medical School has just been awarded and is scheduled to start in September. There’s also a new Target and BJ Whole- sale awaiting approval to begin in Sayville and Medford. So the summer and fall months do look promising for work. Although with that said we (Busi- ness Office) will continue to push for the start of these jobs sooner rather than later so that we can move men off the list and into employment. On the Organizing front, we have had a couple of very active months. We have had probably in the neighborhood of five to ten non-affiliated contractors in our building and have had very good dialogue with most of them. We have signed three of them and as a result we have an additional 10 new members. They are not big contractors but they are contractors whose work we previously did not do and now are doing. We are glad to have you on board. And, if I may, a few words about our recent “A” Construction and CW/ CE Contract Negotiations. As you all know, we started preparing for these negotiations back in January with our “Roundtable” meetings with the membership. The Wage and Policy Committee, led by Chairman Xxxx Xxx- xxx, then compiled the contract surveys and met with your Negotiating Committee to establish a game plan leading into negotiations. The plan needed to accomplish two very critical goals. First was to reward those members who are c...
By Xxxxx X. Xxxxx -------------------------------------- Title: President ----------------------------------- TUKAIZ LITHO, INC. By Xxxxx Xxxxxx, Xx. -------------------------------------- Title: President -----------------------------------
By Xxxxx X. Xxxxxxx ------------------------------- Title: Xxxxx X. Xxxxxxx Vice President WACHOVIA BANK, N.A. By [signature illegible] ------------------------------- Title: Vice President Dated as of July 31, 1998 The undersigned, each a Guarantor under either the Subsidiary Guaranty or the Group Guaranty, as the case may be, each dated August 12, 1997 (the "Guaranties") in favor of the Administrative Agent and the Lenders parties to the Credit Agreement referred to in the foregoing Amendment, hereby consents to such Amendment and hereby confirms and agrees that notwithstanding the effectiveness of such Amendment, the Guaranties are, and shall continue to be, in full force and effect and are hereby ratified and confirmed in all respects. THE WARNACO GROUP, INC. XXXXXXX INC. X.X. XXXXXXXX COMPANY DESIGNER HOLDINGS, LTD. XXXXXXX STREET, INC. ML, INC. MYRTLE AVENUE, INC. 000 XXXXXX XXXXXX INC. WARMANA LIMITED WARNACO INTERNATIONAL INC. WARNACO INTERNATIONAL, L.L.C., By Warnaco Inc., its Member WARNACO MEN'S SPORTSWEAR INC. WARNACO SOURCING INC. WARNER'S DE COSTA RICA INC. BROADWAY JEANSWEAR COMPANY, INC. BROADWAY JEANSWEAR SOURCING, INC. BROADWAY JEANSWEAR HOLDINGS, INC. OUTLET STORES, INC. OUTLET HOLDINGS, INC. RIO SPORTSWEAR INC. AEI MANAGEMENT CORP. JEANSWEAR HOLDINGS, INC. XXXXXX XXXXX JEANSWEAR COMPANY CKJ HOLDINGS INC. KAIJAI ACQUISITION COMPANY ABBEVILLE ACQUISITION COMPANY NEW BEDFORD SHIPPERS CORP. CKJ SOURCING INC. By [signature illegible] ------------------------------ Name: Title:
By Xxxxx X. Xxxxxxx ------------------------------------- Title: Xxxxx X. Xxxxxxx Vice President THE SANWA BANK, LIMITED, NEW YORK BRANCH By ------------------------------------- Title: SOCIETE GENERALE By ------------------------------------- Title: WACHOVIA BANK, N.A. By ------------------------------------- Title: FUJI BANK By ------------------------------------- Title: XXXXXX GUARANTY TRUST COMPANY OF NEW YORK By ------------------------------------- Title: BANK OF AMERICA, N.A. By ------------------------------------- Title: THE SANWA BANK, LIMITED, NEW YORK BRANCH By ------------------------------------- Title: SOCIETE GENERALE By Xxxxxx Xxxxxxxx ------------------------------------- Title: Xxxxxx Xxxxxxxx Vice President WACHOVIA BANK, N.A. By ------------------------------------- Title: FUJI BANK By ------------------------------------- Title: XXXXXX GUARANTY TRUST COMPANY OF NEW YORK By ------------------------------------- Title: BANK OF AMERICA, N.A. By ------------------------------------- Title: THE SANWA BANK, LIMITED, NEW YORK BRANCH By ------------------------------------- Title: SOCIETE GENERALE By ------------------------------------- Title: WACHOVIA BANK, N.A. By [ILLEGIBLE SIGNATURE] ------------------------------------- Title: Senior Vice President FUJI BANK By ------------------------------------- Title: COMMERZBANK AG NEW YORK AND GRAND CAYMAN BRANCHES By Xxxxxx Xxxxx ------------------------------------- Name: Xxxxxx Xxxxx Title: Vice President By Xxxxx Xxxxx ------------------------------------- Name: Xxxxx Xxxxx Title: Assistant Vice President UNICREDITO ITALIANO By ------------------------------------- Name: Title: By ------------------------------------- Name: Title: DAI-ICHI KANGYO BANK, LIMITED By ------------------------------------- Name: Title: FIRST UNION NATIONAL BANK By ------------------------------------- Name: Title: FLEET BANK, N.A. By ------------------------------------- Name: Title: COMMERZBANK AG NEW YORK BRANCH By ------------------------------------- Title: UNICREDITO ITALIANO By Xxxxxxxxxxx X. Xxxxx ------------------------------------- Title: Xxxxxxxxxxx X. Xxxxx First Vice President & Deputy Manager By [ILLEGIBLE SIGNATURE] ------------------------------------- Title: First Vice President DAI-ICHI KANGYO BANK, LIMITED By ------------------------------------- Title: FIRST UNION NATIONAL BANK By ------------------------------------- Title: FLEET BANK, N.A. By ------------------------------------- Title: COMMERZBANK AG NEW...
By Xxxxx X. As an adult adopted person, I have a unique perspective on court-enforced visitation agreements. Now, with an open line of communication with my biological relatives, I can speak to the fact that a court forcing me and my parents to visit with my biological family would not have been in my best interest. Even though I was not adopted by family members and was instead adopted by “strangers,” intra-family adoption was at the time a real possibility. Had my biological grandfather adopted me, court-enforced visitation would have been just as troubling to him as it would have been to my adopting family. Adoption creates families, but it can also destroy them. Court-enforced visitation agreements can be a cause of a newly formed family’s undoing. Adopted children and their new families have a lot of struggles to work through on their own without the added stress of court-enforced visitation with the child’s biological family. Adopted children who are not in contact with their biological relatives are often able to create a fantasy of what their biological family is like in order to cope with their feelings on being adopted. The vision I created of a birth family helped get me through my harder days and always gave me motivation to keep moving forward so that I could connect with them someday in the future. I even attempted to learn German so I could have a conversation with my birth mother in her first language. Now, as an adult, I have been able to connect with them. I have seen snippets, from my full sister, of what my life would have looked like had my birth mother not made the courageous decision she did to make an adoption plan for me. Hearing what my biological siblings went through as children made me realize the vision I had of my biological family was a beautiful one, but not a reality. Exposing me at that young age to what my birth relatives were going through on a day-to-day basis would have been very painful and confusing. I know this because hearing it now is hard. If a court had mandated that I visit them, I would have been even more confused about who I was and where I belonged, not to mention the psychological burden it would have imposed. Seeing all of this in retrospect, I know that my family is the family I was always meant to have. Now that I know my birth relatives, I have a huge new group of friends who are able to answer my questions about ancestry and medical history. My family is expanding, in a good, controlled way, and it’s happening o...
By Xxxxx X. Xxxxx T he increasing demand for cel- lular and other wireless devices has significantly increased traffic on wireless networks and thus the demand by wireless carriers for the lease of building rooftops, space on cell towers, raw land, and other space suit- able for the installation and operation of antennas and related communica- tions equipment. In some locations, the rents generated under lease and license Xxxxx X. Xxxxx is an associate in the Fort Worth, Texas, office of Xxxxxxx Xxxxxx L.L.P. agreements for this space can generate revenue comparable to that of leased interior office building space. Although some property owners may view the lease of their underused building, land, or similar space as “free money,” the execution of a carrier’s standard form of agreement with little or no nego- tiation is a risk that can lead to detri- mental and unintended results for the property owner. This article will highlight some of the key issues for building owners to address when negotiating rooftop licenses or lease agreements. As is the case with many standard form agree- ments, rooftop agreements drafted by wireless carriers are often one-sided and may contain (or omit) many provi- sions that can pose significant risks to a building owner. A risk-adverse owner should review a proposed lease or li- cense agreement (or draft its own) care- fully to ensure that the risks associated with rooftop operations are properly allocated to the party in the best posi- tion to control the risks. The bargaining power of a building owner depends on many factors, such as the xxxxx- ability of the site location to the carrier, the parties’ knowledge of the market, whether the lease is an expansion or a new agreement, and the experience of the parties negotiating the transaction. Practically, in most circumstances, the bargaining power favors the property owner because the carrier needs the rooftop use more than the owner needs the associated rent. Careful negotiation by the building owner can further its dual objectives of maximizing revenue and minimizing risk. What follows are examples of several key provisions contained in standard rooftop lease forms drafted by carriers and used throughout the wireless indus- try and a discussion of potential issues from the property owner’s perspective. Equipment Space, Description, and Grant of Rights Standard rooftop agreements drafted by carriers often allow the carrier to install “any and all” equipment at the site that it deems ap...
