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.
EXHIBIT E. List of PSP Project Manager and Subcontractors Form. 11.27.6. Exhibit F. Criminal Background Checks and Application Guidelines. 11.27.7. Exhibit G. HUB Subcontracting Plan Form. 11.27.8. Exhibit H. HUB Subcontracting Plan PAR Form.
EXHIBIT E. ASSIGNMENT AND ASSUMPTION This Assignment and Assumption (this “Assignment and Assumption”) is dated as of the Effective Date set forth below and is entered into by and between [the][each] Assignor identified in item 1 below ([the][each, an]) “Assignor”) and [the][each] Assignee identified in item 2 below ([the][each, an] “Assignee”). [It is understood and agreed that the rights and obligations of [the Assignors][the Assignees] hereunder are several and not joint.] Capitalized terms used but not defined herein shall have the meanings given to them in the Credit Agreement identified below (the “Credit Agreement”), receipt of a copy of which is hereby acknowledged by the Assignee. The Standard Terms and Conditions set forth in Annex 1 attached hereto are hereby agreed to and incorporated herein by reference and made a part of this Assignment and Assumption as if set forth herein in full. For an agreed consideration, [the][each] Assignor hereby irrevocably sells and assigns to [the Assignee][the respective Assignees], and [the][each] Assignee hereby irrevocably purchases and assumes from [the Assignor][the respective Assignors], subject to and in accordance with the Standard Terms and Conditions and the Credit Agreement, as of the Effective Date inserted by the Administrative Agent as contemplated below (i) all of [the Assignor’s][the respective Assignors’] rights and obligations in [its capacity as a Lender][their respective capacities as Lenders] under the Credit Agreement and any other documents or instruments delivered pursuant thereto to the extent related to the amount and percentage interest identified below of all of such outstanding rights and obligations of [the Assignor][the respective Assignors] under the respective facilities identified below (including, without limitation, the Letters of Credit and the Swing Line Loans included in such facilities) and (ii) to the extent permitted to be assigned under applicable law, all claims, suits, causes of action and any other right of [the Assignor (in its capacity as a Lender)][the respective Assignors (in their respective capacities as Lenders)] against any Person, whether known or unknown, arising under or in connection with the Credit Agreement, any other documents or instruments delivered pursuant thereto or the loan transactions governed thereby or in any way based on or related to any of the foregoing, including, but not limited to, contract claims, tort claims, malpractice claims, statutory claims ...
EXHIBIT E. List of PSP Project Manager and Subcontractors.
EXHIBIT E. RULES AND REGULATIONS
EXHIBIT E. COMPLIANCE CERTIFICATE TO: SILICON VALLEY BANK FROM: LANTRONIX, INC. Date: _____________________ The undersigned authorized officer of Lantronix, Inc. ("Borrower") certifies that under the terms and conditions of the Loan and Security Agreement between Borrower and Bank (the "Agreement"), (1) Borrower is in complete compliance for the period ending ______________ with all required covenants except as noted below, (2) there are no Events of Default, (3) all representations and warranties in the Agreement are true and correct in all material respects on this date except as noted below; provided, however, that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and provided, further that those representations and warranties expressly referring to a specific date shall be true, accurate and complete in all material respects as of such date, (4) Borrower, and each of its Subsidiaries, has timely filed all required tax returns and reports, and Borrower has timely paid all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower except as otherwise permitted pursuant to the terms of Section 5.9 of the Agreement, and (5) no Liens have been levied or claims made against Borrower or any of its Subsidiaries relating to unpaid employee payroll or benefits of which Borrower has not previously provided written notification to Bank. Attached are the required documents supporting the certification. The undersigned certifies that these are prepared in accordance with generally GAAP consistently applied from one period to the next except as explained in an accompanying letter or footnotes. The undersigned acknowledges that no borrowings may be requested at any time or date of determination that Borrower is not in compliance with any of the terms of the Agreement, and that compliance is determined not just at the date this certificate is delivered. Capitalized terms used but not otherwise defined herein shall have the meanings given them in the Agreement. Please indicate compliance status by circling Yes/No under “Complies” column. Reporting Covenant Required Complies Monthly financial statements with Compliance Certificate Monthly within 30 days Yes No Annual Operating Budget and Financial Projections Within 30 days after start of Fiscal Year Yes No 10-Q, 10-K and 8-K Within 5 days after filing with SEC Yes No A/R & A/P Agi...
EXHIBIT E. AMENDED AND RESTATED TRUST AGREEMENT, dated as of December 1, 2002 (as the same may be further amended, supplemented or otherwise modified and in effect from time to time, this "Agreement"), between MMCA AUTO RECEIVABLES TRUST II, a Delaware statutory trust, as depositor (the "Depositor"), having its principal executive office at 6363 Katella Avenue, Cypress, California 90630-5205; and WILMINGTON XXXXX XXXXXXX, x Xxxxxxxx xxxxxxx xxxxxxxxxxx, xx trustee under this agreement (in such capacity, together with any successor or permitted assign, the "Owner Trustee"), having its principal corporate trust office at Rodney Square North, 1100 North Market Street, Wilmington, Delaware 00000-0001.
EXHIBIT E. Sample paystub or payroll report that supports each Request for HIDTA Overtime Reimbursement.
EXHIBIT E. The State of Florida Department of Management Services Invitation to Bid (ITB) No: 16-15100000-W Bulk Fuel, Gasoline, and Diesel Xxxxxxxxx Xxxxxx, Procurement Officer 0000 Xxxxxxxxx Xxx, Xxxxx 000 Xxxxxxxxxxx, XX 00000 000-000-0000 Xxxxxxxxx.Xxxxxx@xxx.xxxxxxxxx.xxx Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes (F.S.), or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under chapter 120, F.S. Any protest must be timely filed with the Department of Management Services’ Agency Clerk listed at: xxxx://xxx.xxx.xxxxxxxxx.xxx/agency_administration/general_counsel TABLE OF CONTENTS Timeline of Events 4 1 INTRODUCTION 5
EXHIBIT E. Exhibit E to the Partnership Agreement is hereby --------- deleted in its entirety, and the attached Exhibit E is hereby inserted in the place thereof.
