FIRST PARAGRAPH. The first paragraph to the ICE Trade Vault Agreement shall be amended by adding the following before the last sentence: “Participant is the Third Party Reporter for each of the entities listed in Exhibit 1 to this Annex L (as amended from time to time pursuant to Section 3(m) below), each of which is a “Client” of the Third Party Reporter.”
FIRST PARAGRAPH. The first paragraph to the ICE Trade Vault Agreement shall be amended by adding the following before the last sentence: “Participant is the investment manager (the “Investment Manager”) for each of the entities listed in Exhibit 1 to this Annex I hereto (as amended from time to time pursuant to Section 3(m) below), each of which is a “Client” of the Investment Manager.”
FIRST PARAGRAPH. Any modification of the clauses of this Independent Affiliation Agreement or of the documents that are an integral part of this agreement, will come into effect from the moment they are expressly accepted by the INDEPENDENT AFFILIATE. SECOND PARAGRAPH. - If the INDEPENDENT AFFILIATE does not expressly accept any modification, it will be understood that it terminates the Contract immediately, without being subject to any type of sanction or penalty and always maintaining the benefits to which it is entitled until then, according to the Compensation Plan.
FIRST PARAGRAPH. The products correspond to smartphones, laptops and desktops, skateboards and accessories, among others, the WINGS MOBILE brand. SECOND PARAGRAPH. - The Native Wings Services will be provided directly by WINGS MOBILE SPAIN, S.L.U., and are as follows: i) VOIP call ii) Secure call (iii), Second number (Second Number), iv) International roaming (World Roaming Free),
FIRST PARAGRAPH. THE LESSEE authorizes THE LESSOR without implying an obligation or responsibility for himself, so that THE LESSEE hires insurance or renewals on her account and risk, and or pays the respective insurance premiums with the purpose of maintaining effective policies protecting the equipment. In the case that THE LESSOR pays on behalf of THE LESSEE the insurance policies, THE LESSEE has the obligation to pay THE LESSOR within a term of two (2) following days from receipt of the collection xxxx the amount of money paid on his account. The non compliance to any of the obligations assumed under this CLAUSE will be a cause so that THE LESSOR can terminate this Contract with the consequences contained in Clause Twenty Sixth. SECOND PARAGRAPH Any total or partial disaster shall not suspend neither it will interrupt nor change expiration of terms.
FIRST PARAGRAPH. THE LESSEE acknowledges to be fully aware and acquainted with the Customs and Fiscal Regime of Colombia, valid in the date on which this contract is subscribed and legalized, and agrees to its execution within the terms and conditions set by the law. SECOND PARAGRAPH THE LESSOR or a third party, that it may designate is authorized to pay the value of all the customs and fiscal tariffs corresponding to importing the goods when THE LESSEE does not comply with this obligation on his behalf. In all the events THE LESSEE will notify and demonstrate payment of such tariffs to THE LESSOR within the term of twenty-four (24) hours following payment of same ones. The non fulfillment of this obligation will cause the application of sanctions contained in CLAUSE TWENTY SIXTH.
FIRST PARAGRAPH. The second sentence of the first paragraph of the Standby Commitment Letter is hereby amended in its entirety to read as follows: It is our understanding that in connection with the Reorganization, among other things: (a) pursuant to the Agreement and Plan of Merger, dated as of the date hereof (as amended by the First Amendment thereto dated as of September 3, 1998 (the "Merger Agreement"), among Arch, a wholly owned subsidiary of Arch ("Merger Sub"), Parent and MobileMedia, MobileMedia will merge with and into Merger Sub, with Merger Sub continuing as the surviving corporation and a wholly owned subsidiary of Arch; (b) pursuant to the Merger Agreement, Arch will make available for distribution pursuant to a plan of reorganization of the Debtors in the form attached as Exhibit A to the Merger Agreement, with such amendments and modifications thereto as are made in a manner consistent with clause (e) of Section 5 hereto (such plan of reorganization being referred to herein as the "Plan"), (i) cash, (ii) shares of its Common Stock, par value $.01 per share ("Existing Arch Common Stock"), and (iii) either (A) if a Rights Offering Adjustment (as defined in Schedule II to the Merger Agreement) shall not have occurred, warrants entitling the holders thereof to purchase shares of Existing Arch Common Stock ("Arch Warrants"), with such Arch Warrants to be issued pursuant to, and to have the terms set forth in, a warrant agreement in the form attached as Exhibit B to the Merger Agreement (the "Arch Warrant Agreement") or (B) if a Rights Offering Adjustment shall have occurred, warrants entitling the holders thereof to purchase shares of Existing Arch Common Stock ("Arch Participation Warrants"), with such Arch Participation Warrants to be issued pursuant to, and to have the terms set forth in, a warrant agreement in the form attached as Exhibit B-1 to the Merger Agreement (the "Arch Participation Warrant Agreement"); (c) holders of unsecured non-priority claims against the Debtors ("Unsecured Claims"), to the extent such Unsecured Claims are Allowed (as defined in the Plan), will receive pursuant to the Plan (i) shares of Existing Arch Common Stock and (ii) rights to purchase ("Rights") for cash either (A) if a Rights Offering Adjustment shall not have occurred, units ("Units") consisting of (x) shares of Existing Arch Common Stock and (y) Arch Warrants or (B) if a Rights Offering Adjustment shall have occurred, shares of Existing Arch Common Stock ("Rights Shares...
FIRST PARAGRAPH. THE LESSEE acknowledges having received at its complete satisfaction under a leasing title or financial lease the goods before mentioned.
FIRST PARAGRAPH. Tolerance of THE LESSOR in receiving delayed rental payments does not imply an extension of agreed terms for compliance of duties by THE LESSEE under this Contract. SECOND PARAGRAPH The lease rent cannot be decreased based in the argument of deterioration or obsolescence of the equipment, events which are assumed by THE LESSEE without decreasing its obligations vis a vis THE LESSOR. THIRD PARAGRAPH The obligation of paying rentals on behalf THE LESSEE will not terminate by the fact of ceasing temporary or definitively operation of the leased equipment or due to repair, transference, transformation, strike or a catastrophe at the corporation, and in general for any non attributable cause to THE LESSOR.
FIRST PARAGRAPH. The rental payments of this contract of LEASING shall start being paid on behalf of THE LESSEE six months after having submitted the last declaration of imports of equipment. SECOND PARAGRAPH This amount will be readjusted proportionally, if at arrival to the national territory its CIF cost (cost of merchandise plus insurance and freight) increases or diminishes in connection with the cost CIF cost originally budgeted which serves as the base for the determination of the initial rent. In this case the variation will be made applying the applicable factor at the cost finally budgeted times the real CIF cost of the merchandise. Also, the rent will be adjusted biannually according to the percentile variation suffered by the preferential interest rate of the London market (Libor) between the first and the last business day of each quarter immediately previous to that for which the readjustment is made. THE LESSEE is forced to verify that previous acquisition of the corresponding foreign currencies in the Colombian exchange market with full compliance of legal requirements, shall pay the amounts owed in every term, and this shall be confirmed in writing, by telegram, telefax, letter or fax on the day rent payment is due as agreed in the lease.
