Common use of Documents Furnished Clause in Contracts

Documents Furnished. The Purchaser has previously delivered to the Seller a list, which is attached hereto as Schedule G and made a part hereof, of the following documents, and a true and complete copy of all documents referred to have been delivered or have or will be made available to the Seller or its Representatives for inspection upon reasonable notice: (i) all instruments representing or providing for any Encumbrance upon the Assets, any outstanding indebtedness of or held by the Seller, for money borrowed and all credit agreements and letters of credit to which the Seller is a party; (ii) all collective bargaining, employment, consulting, termination, executive compensation, incentive compensation, deferred compensation, bonus, profit sharing, retirement, pension, group insurance, liability, death benefit and other agreements plans relating, officers or employees of the Purchaser; (iii) the names and current compensation of each director, officer, employee of the Purchaser, whose annual compensation is in excess of $25,000; (iv) all interests in real property owned, leased or otherwise used or claimed by the Purchaser and, with respect to each such interest, the amount of any mortgage or lien encumbering any of the same and the nature of any improvements situated thereon; (v) all insurance policies of whatsoever kind now in force held by the Purchaser, or under which the Purchaser, its Subsidiary, the Assets, the Business, and/or the Purchaser’s officers, directors, employees, and shareholders are insured in regards to their activities for or on behalf of the Purchaser, together with copies of all claims submitted by, against, or on behalf of the Purchaser, under such policies within the past five (5) years; (vi) all Permits held by the Purchaser, or by its Subsidiary, directors, officers, and or employees with respect to the Assets or the Business of the Purchaser; (vii) all servicing, franchise, warranty, referral, waste brokerage, pending sales, independent contractor, consulting and management agreements to which the Purchaser is a party or pursuant to which the Purchaser is a beneficiary; (viii) the names of all pensioned employees of the Purchaser, whose pensions are unfunded or are not paid pursuant to a written Plan or arrangement, and their respective ages and current annual pension rates; (ix) all bank accounts, escrow deposit accounts, and safe deposit boxes of the Purchaser, with an identification of the name of the bank, account number and the Persons authorized to draw thereon or having access thereto. The directors will not take any action to change the authorized signatories on the Purchaser’s bank and/or financial accounts; (x) the nature and location of, any documentation relating to, any other real estate or other facilities of the Purchaser which have been sold or closed or otherwise terminated within the past five (5) years; (xi) each other contract or agreement not listed with respect to the above items to which the Purchaser is a party, and which involves or may involve aggregate future payments to or by the Purchaser in excess of Ten Thousand ($10,000) Dollars. The Purchaser warrants that the aggregate payments involved under all such contracts or agreements not disclosed in writing to the Seller do not exceed in the aggregate Twenty Five Thousand ($25,000) Dollars; (xii) the names of all persons holding powers of attorney, if any, with respect to the Purchaser, or holding proxies, if any, with respect to the shares of Purchaser’s common stock; and (xiii) each notice and all correspondence received by the Company, or any Members, from any Governmental Authority or Taxing Authority, with respect to Assets, the Permits, or the Business, within the past year.

Documents Furnished. The Purchaser Seller has previously delivered to the Seller Purchaser a list, which is attached hereto as Schedule G D and made a part hereof, of the following documents, and a true and complete copy of all documents referred to have been delivered or have or will be made available to the Seller Purchaser or its Representatives for inspection upon reasonable notice: (i) all instruments representing or providing for any Encumbrance upon the Assets, any outstanding indebtedness of or held by the SellerCompany, for money borrowed and all credit agreements and letters of credit to which the Seller Company is a party; (ii) all collective bargaining, employment, consulting, termination, executive compensation, incentive compensation, deferred compensation, bonus, profit sharing, retirement, pension, group insurance, liability, death benefit and other agreements plans relating, officers or employees of the PurchaserCompany; (iii) the names and current compensation of each director, officer, employee of the PurchaserCompany, whose annual compensation is in excess of $25,000; (iv) all interests in real property owned, leased or otherwise used or claimed by the Purchaser Company and, with respect to each such interest, the amount of any mortgage or lien encumbering any of the same and the nature of any improvements situated thereon; (v) all insurance policies of whatsoever kind now in force held by the PurchaserCompany, or under which the Purchaser, its SubsidiaryCompany, the Assets, the Business, and/or the PurchaserCompany’s officers, directors, employees, and shareholders Members are insured in regards to their activities for or on behalf of the PurchaserCompany, together with copies of all claims submitted by, against, or on behalf of the PurchaserCompany, under such policies within the past five (5) years; (vi) all Permits held by the PurchaserCompany, or by any of its SubsidiaryMembers, directors, officers, and or employees with respect to the Assets or the Business of the PurchaserCompany; (vii) all servicing, franchise, warranty, referral, waste brokerage, pending sales, independent contractor, consulting and management agreements to which the Purchaser Company is a party or pursuant to which the Purchaser Company is a beneficiary; (viii) the names of all pensioned employees of the PurchaserCompany, whose pensions are unfunded or are not paid pursuant to a written Plan or arrangement, and their respective ages and current annual pension rates; (ix) all bank accounts, escrow deposit accounts, and safe deposit boxes of the PurchaserCompany, with an identification of the name of the bank, account number and the Persons authorized to draw thereon or having access thereto. The directors Members will not take any action to change the authorized signatories on the PurchaserCompany’s bank and/or financial accounts; (x) the nature and location of, any documentation relating to, any other real estate or other facilities of the Purchaser Company which have been sold or closed or otherwise terminated within the past five (5) years; (xi) each other contract or agreement not listed with respect to the above items to which the Purchaser Company is a party, and which involves or may involve aggregate future payments to or by the Purchaser Company in excess of Ten Thousand ($10,000) Dollars. The Purchaser Seller warrants that the aggregate payments involved under all such contracts or agreements not disclosed in writing to the Seller Purchaser do not exceed in the aggregate Twenty Five Thousand ($25,000) Dollars; (xii) the names of all persons holding powers of attorney, if any, with respect to the PurchaserCompany, or holding proxies, if any, with respect to the shares of Purchaser’s common stockUnits; and (xiii) each notice and all correspondence received by the Company, or any Members, from any Governmental Authority or Taxing Authority, with respect to Assets, the Permits, or the Business, within the past year.

Documents Furnished. The Purchaser has Companies have previously delivered to the Seller Parent a list, which is attached hereto as Schedule G Exhibit C and made a part hereof, of the following documents, and a true and complete copy of all documents referred to have been delivered or have or will be made available to the Seller Parent or its Representatives for inspection upon reasonable notice: (i) all instruments representing or providing for any Encumbrance upon the Assets, any outstanding indebtedness of or held by the Seller, Companies for money borrowed and all credit agreements and letters of credit to which the Seller is Companies is/are a party; (ii) all collective bargaining, employment, consulting, termination, executive compensation, incentive compensation, deferred compensation, bonus, profit sharing, retirement, pension, group insurance, liability, death benefit and other agreements plans relating, relating to officers or employees of the PurchaserCompanies; (iii) the names and current compensation of each director, officer, employee of the PurchaserCompanies, whose annual compensation is in excess of $25,00050,000; (iv) all interests in real property owned, leased or otherwise used or claimed by the Purchaser Companies and, with respect to each such interest, the amount of any mortgage or lien encumbering any of the same and the nature of any improvements situated thereon; (v) all insurance policies of whatsoever kind now in force held by the PurchaserCompanies, or under which the Purchaser, its SubsidiaryCompanies, the Assets, the Business, and/or the Purchaser’s Companies' officers, directors, employees, and shareholders employees are insured in regards to their activities for or on behalf of the PurchaserCompanies, together with copies of all claims submitted by, against, or on behalf of the Purchaser, Companies under such policies within the past five two (52) years; (vi) all Permits held by the Purchaser, or by its SubsidiaryCompanies, directors, officers, and or employees with respect to the Assets or the Business of the PurchaserCompanies; (vii) all servicing, franchise, warranty, referral, waste brokerage, pending sales, independent contractor, consulting and management agreements to which each of the Purchaser Companies is a party or pursuant to which any of the Purchaser Companies is a beneficiary; (viii) the names of all pensioned employees of the PurchaserCompanies, whose pensions are unfunded or are not paid pursuant to a written Plan or arrangement, and their respective ages and current annual pension rates; (ix) all bank accounts, escrow deposit accounts, and safe deposit boxes of the PurchaserCompanies, with an identification of the name of the bank, account number and the Persons authorized to draw thereon or having access thereto. The directors will not take any action to change the authorized signatories on the Purchaser’s bank and/or financial accounts; (x) the nature and location of, any documentation relating to, any other real estate or other facilities of the Purchaser Companies which have been sold or closed or otherwise terminated within the past five (5) years; (xi) each other contract or agreement not listed with respect to the above items to which any of the Purchaser Companies is a party, party and which involves or may involve aggregate future payments to or by the Purchaser Companies in excess of Ten Thousand ($10,000) Dollars. The Purchaser warrants Companies warrant that the aggregate payments involved under all such contracts or agreements not disclosed in writing to the Seller Parent do not exceed in the aggregate Twenty Five One Hundred Thousand ($25,000100,000) Dollars; (xii) the names of all persons holding powers of attorney, if any, with respect to the Purchaser, Companies or holding proxies, if any, with respect to the shares of Purchaser’s common stockCommon Stock; and (xiii) each notice and all correspondence received by the Company, or any Members, Companies from any Governmental Authority or Taxing Authority, with respect to the Assets, the Permits, or the Business, within the past yearfive (5) years, except where the investigation, claim or suit to which the notice related has been fully and finally resolved in writing, and all amounts due in settlement or satisfaction of the investigation, claim or suit have been paid in full or fully reserved against on the Balance Sheet in the Unaudited Company Financial Statements.

Documents Furnished. The Purchaser Seller has previously delivered to the Seller Purchaser a list, which is attached hereto as Schedule G D and made a part hereof, of the following documents, and a true and complete copy of all documents referred to have been delivered or have or will be made available to the Seller Purchaser or its Representatives for inspection upon reasonable notice: (i) all instruments representing or providing for any Encumbrance upon the Assets, any outstanding indebtedness of or held by the SellerCompany or the Subsidiaries, for money borrowed and all credit agreements and letters of credit to which the Seller is Company or its Subsidiaries are a party; (ii) all collective bargaining, employment, consulting, termination, executive compensation, incentive compensation, deferred compensation, bonus, profit sharing, retirement, pension, group insurance, liability, death benefit and other agreements plans relating, officers or employees of the PurchaserCompany or its Subsidiaries; (iii) the names and current compensation of each director, officer, employee of the PurchaserCompany or its Subsidiaries, whose annual compensation is in excess of $25,000; (iv) all interests in real property owned, leased or otherwise used or claimed by the Purchaser Company or its Subsidiaries and, with respect to each such interest, the amount of any mortgage or lien encumbering any of the same and the nature of any improvements situated thereon; (v) all insurance policies of whatsoever kind now in force held by the PurchaserCompany, its Subsidiaries, or under which the PurchaserCompany, its SubsidiarySubsidiaries, the Assets, the Business, and/or the PurchaserCompany’s or Subsidiaries officers, directors, employees, and shareholders Members are insured in regards to their activities for or on behalf of the PurchaserCompany or the Subsidiaries respectively, together with copies of all claims submitted by, against, or on behalf of the PurchaserCompany or Subsidiaries, under such policies within the past five (5) years; (vi) all Permits held by the PurchaserCompany, its Subsidiaries, or by any of its SubsidiaryMembers, directors, officers, and or employees with respect to the Assets or the Business of the PurchaserCompany; (vii) all servicing, franchise, warranty, referral, waste brokerage, pending sales, independent contractor, consulting and management agreements to which the Purchaser Company or the Subsidiaries is a party or pursuant to which the Purchaser is Company or the Subsidiaries are a beneficiary; (viii) the names of all pensioned employees of the PurchaserCompany or Subsidiaries, whose pensions are unfunded or are not paid pursuant to a written Plan or arrangement, and their respective ages and current annual pension rates; (ix) all bank accounts, escrow deposit accounts, and safe deposit boxes of the PurchaserCompany and its Subsidiaries, with an identification of the name of the bank, account number and the Persons authorized to draw thereon or having access thereto. The directors Members will not take any action to change the authorized signatories on the PurchaserCompany’s or Subsidiaries’ bank and/or financial accounts; (x) the nature and location of, any documentation relating to, any other real estate or other facilities of the Purchaser Company or its Subsidiaries which have been sold or closed or otherwise terminated within the past five (5) years; (xi) each other contract or agreement not listed with respect to the above items to which the Purchaser is Company or the Subsidiaries are a party, and which involves or may involve aggregate future payments to or by the Purchaser Company or Subsidiaries in excess of Ten Thousand ($10,000) Dollars. The Purchaser Seller warrants that the aggregate payments involved under all such contracts or agreements not disclosed in writing to the Seller Purchaser do not exceed in the aggregate Twenty Five Thousand ($25,000) Dollars; (xii) the names of all persons holding powers of attorney, if any, with respect to the PurchaserCompany or its Subsidiaries, or holding proxies, if any, with respect to the shares of Purchaser’s common stockUnits; and (xiii) each notice and all correspondence received by the Company, its Subsidiaries, or any Members, from any Governmental Authority or Taxing Authority, with respect to Assets, the Permits, or the Business, within the past year.