EXHIBITS, SCHEDULES AND ANNEXES. Exhibit A Form of Assignment and Acceptance Exhibit B Information Certificate Exhibit C Form of Borrowing Base Certificate Exhibit D Form of Compliance Certificate Exhibit E-1 Application for Standby Letter of Credit Exhibit E-2 Application for Commercial Letter of Credit Exhibit F Notice of Borrowing Exhibit G Notice of Conversion/Continuation Exhibit H Form of Applicable Margin Certificate Exhibit I Form of Intercompany Subordination Agreement Schedule 1.1 Commitments Schedule 1.2 Customs Brokers Schedule 1.3 Existing Lenders Schedule 1.4 Owned Real Properties Schedule 1.5 Existing Letters of Credit Schedule 1.6 Bankruptcy Claims and Liens Schedule 2.1 Lenders Schedule 5.2(b) Chattel Paper and Instruments Schedule 5.2(d) Deposit Accounts Schedule 5.2(e) Investment Property and Investment Accounts Schedule 5.2(h) Letters of Credit, Bankers’ Acceptances and Similar Instruments Schedule 5.2(i) Commercial Tort Claims Schedule 5.2(j) Collateral with Third Parties Schedule 8.2 Name; State of Organization; Chief Executive Office; Collateral Locations Schedule 8.4 Priority of Liens; Title to Properties Schedule 8.6 Litigation Schedule 8.8 Environmental Compliance Schedule 8.10 Bank Accounts Schedule 8.11 Intellectual Property Schedule 8.12 Subsidiaries; Affiliates; Capitalization; Solvency Schedule 8.13 Labor Disputes Schedule 8.15 Material Contracts Schedule 8.16 Credit Card Agreements Schedule 8.20 Intercompany Indebtedness Schedule 9.9 Indebtedness Schedule 9.10 Loans; Investments Annex 1 Closing Checklist This Loan and Security Agreement dated August 1, 2008 is entered into by and among Xxxxxxx Fabrics, Inc, a Delaware corporation (“Parent”), HF Merchandising, Inc., a Delaware corporation (“Merchandising”), Xxxxxxx Fabrics of MI, Inc., a Delaware corporation (“Fabrics MI”), xxxxxxxxxxxxxx.xxx, Inc., a Delaware corporation (“Xxxxxxx.xxx”), Xxxxxxx Fabrics, LLC, a Delaware limited liability company (“Fabrics LLC”, and together with Parent, Merchandising, Fabrics MI and Xxxxxxx.xxx, each individually a “Borrower” and collectively, “Borrowers” as hereinafter further defined), HF Enterprises, Inc., a Delaware corporation (“Enterprises”), HF Resources, Inc., a Delaware corporation (“Resources”, and together with Enterprises, each individually a “Guarantor” and collectively, “Guarantors” as hereinafter further defined), the parties hereto from time to time as lenders, whether by execution of this Agreement or an Assignment and Acceptance (each individually, a “Lend...
EXHIBITS, SCHEDULES AND ANNEXES. The Exhibits, Schedules and Annexes are a part of this Agreement as if fully set forth herein. All references herein to Articles, Sections, subsections, clauses, Exhibits, Annexes and Schedules shall be deemed references to such parts of this Agreement, unless the context shall otherwise require.
EXHIBITS, SCHEDULES AND ANNEXES. The Exhibits, ------------------------------- Schedules and Annexes referred to in this Agreement shall be deemed an integral part of this Agreement, as if fully set forth herein.
EXHIBITS, SCHEDULES AND ANNEXES. Exhibit A-1 - Form of Borrower Pledge Agreement Exhibit A-2 - Form of Borrowing Base Certificate Exhibit B - Form of BTITC Pledge Agreement Exhibit C - Form of BTITC Subordinated Note Exhibit C-1 Form of Collateral Assignment of Rights Under Asset Purchase Documents Exhibit D - Form of BTITC Subordination Agreement Exhibit D-1 - Form of Guaranty Exhibit E - Form of Xxxxxx Subordination Agreement Exhibit F - Form of Perfection Certificate Exhibit G - Form of Revolving Credit Note Exhibit H - Form of Security Agreement Exhibit I - Form of Solvency Certificate Exhibit J - Form of Notice of Revolving Credit Advance Exhibit J-1 - Form of Notice of Conversion/Continuation Exhibit K - Form of Officer's Certificate Exhibit L - Form of Secretary's Certificate Exhibit M - Form of Assignment Agreement Exhibit N - Form of Opinion of Counsel to Borrower Exhibit O - Form of Power of Attorney
EXHIBITS, SCHEDULES AND ANNEXES. The Exhibits, Schedules and Annexes referred to in this Agreement shall be deemed to be an integral part of this Agreement as if fully rewritten herein. To the extent applicable, a disclosure set forth on any one such document will serve as a disclosure for purposes of all other such documents.
EXHIBITS, SCHEDULES AND ANNEXES. The Exhibits, Schedules and Annexes are a part of this Agreement as if fully set forth herein. All references herein to Sections, subsections, clauses, Exhibits, Schedules and Annexes shall be deemed references to such parts of this Agreement, unless the context shall otherwise require.
EXHIBITS, SCHEDULES AND ANNEXES. All Exhibits, Schedules and Annexes attached to this Agreement are incorporated and shall be treated as if set forth herein. Only the Manager Member, the CEO and the members of the Management Committee shall have the right to review SCHEDULE A hereto and ANNEX B to the Equity Purchase Program, and each of the Non-Manager Members and Employee Stockholders (in his or her capacity as a Non-Manager Member or Employee Stockholder, as applicable) expressly waives his or her rights under the Act (including without limitation under Section 18-305 thereof) to review SCHEDULE A hereto and ANNEX B to the Equity Purchase Program (and acknowledges and agrees that such waiver is reasonable in light of the interests of the LLC and its Members). Each Non-Manager Member shall have the right to receive a copy of this Agreement and the Exhibits, Schedules and Annexes attached hereto, provided that SCHEDULE A hereto and ANNEX B to the Equity Purchase Program will be redacted as to names, LLC Points, Capital Contributions, the LLC Points which have not yet vested and the vesting schedule with respect to such LLC Points, and other financial information of the other Members, and such Non-Manager Member shall have the right to review only that information regarding such Non-Manager Member's own LLC Points, Capital Contribution, LLC Points which have not yet vested and the vesting schedule with respect to such LLC Points, as well as the total number of outstanding LLC Points and Program LLC Points available for issuance pursuant to the Equity Purchase Program and the total amount of capital contributed by the Members in the aggregate. Notwithstanding the foregoing, the Management Committee may in its sole discretion furnish to any one or more Non-Manager Members (and to the exclusion of any one or more other Non-Manager Members) such additional information relating to SCHEDULE A hereto and ANNEX B to the Equity Purchase Program as the Management Committee (in its sole discretion) determines from time to time.
EXHIBITS, SCHEDULES AND ANNEXES. A: Provisions Applicable to the Services of Non-US (“Foreign”) Custodians and Depositories B: List of funds C: Confidentiality and Data Privacy Conditions Annex D: U.S. Special Resolution Regime Recognition Annex THIS GLOBAL CUSTODIAL AND AGENCY SERVICES AGREEMENT is made on October 22, 2020 by and between Dimensional ETF Trust a statutory trust organized under the laws of Delaware, (the “Client”) on behalf of each portfolio listed in Appendix B hereto and any other portfolio that may be created, from time to time, under the Client’s Agreement and Declaration of Trust and which shall become subject to this Agreement by mutual consent of the parties hereto by listing the name of such portfolio on Appendix B hereto (each a “Portfolio” and collectively, the “Portfolios”) and Citibank, N.A. acting through its offices located in New York (the “Custodian”).
EXHIBITS, SCHEDULES AND ANNEXES. EXHIBIT A Form of Lease Supplement EXHIBIT B Form of Return Acceptance Supplement SCHEDULE 1 Certain Terms SCHEDULE 2 Basic Rent SCHEDULE 3 Stipulated Loss Value Schedule SCHEDULE 4 Termination Value Schedule SCHEDULE 5 Permitted Countries SCHEDULE 6 Placards ANNEX A Definitions ANNEX B Return Conditions ANNEX C Maintenance ANNEX D Insurance LEASE AGREEMENT LEASE AGREEMENT dated as of _______________ (this "Agreement" or "Lease"), between (a) FIRST SECURITY BANK, NATIONAL ASSOCIATION, a national banking association, not in its individual capacity, except as expressly provided herein, but solely as Owner Trustee (this and all other capitalized terms used but not defined herein shall have the respective meanings ascribed thereto in Section 1 below) ("Lessor" or "Owner Trustee"), and (b) ATLAS AIR, INC., a Delaware corporation ("Lessee").
EXHIBITS, SCHEDULES AND ANNEXES. Exhibit A Form of Borrowing Notice Exhibit A-1 Form of Borrowing Notice Certification Exhibit A-2 Form of Borrower Representative Certification Exhibit B Form of Note Exhibit C Form of No Lien Certificate Exhibit D Form of Monthly Report Exhibit E Form of Joinder Agreement Exhibit F Form of Financing Statement Exhibit G Form of Certificate of Completion Exhibit H Form of Monthly Report Certification Exhibit I Form of Backup Property Manager Report Exhibit J Form of Eligible Property Management Agreement Exhibit K Title Review and Specially Permitted Liens Exhibit L Form of Property Manager Acknowledgement Schedule 1 Borrowers Schedule 2 Eligibility Requirements Schedule 3 Filing Offices Schedule 4 Schedule of Properties Schedule 5 Leasing Standards Schedule 6 Sponsor Financial Covenants Schedule 7 Collecting Property Managers and Managed Properties Schedule 8 Non-Collecting Property Managers and Managed Properties Annex A Lender Accounts This AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT (this “Agreement”) is made and entered into as of February 18, 2015 (the “Restatement Effective Date”), by and among each person listed on Schedule 1 hereto and each person that becomes a party hereto pursuant to a Joinder, SILVER BAY OPERATING PARTNERSHIP L.P., solely with respect to Sections 2.8(a), 2.8(b)(ii), 2.8(b)(xii), 2.8(c), 2.13, 2.14(b), 2.15, 2.16, 2.18, 2.22(a), 2.23, 2.25(a)(iii), 2.25(g), 2.26, 3.1(f), 3.1(q), 3.1(r), 3.1(s), 6.7(i), 6.7(j), 13.1(m), 13.11(b), 13.14, 13.15 and 13.17, Article 11 and Schedule 6, as initial master property manager, SB FINANCING TRUST OWNER LLC, as borrower representative (in such capacity, the “Borrower Representative”), U.S. BANK NATIONAL ASSOCIATION, as calculation agent and as paying agent, BANK OF AMERICA, NATIONAL ASSOCIATION, a national banking association, as Joint Lead Arranger, a Lender and agent for each Lender (in such capacity, the “Agent”), JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, a national banking association, as Joint Lead Arranger and a Lender and THE LENDERS PARTY HERETO FROM TIME TO TIME.
