FMC Corporation. [Docket No. M–2006–001-M]
FMC Corporation. Re: Five-Year Credit Agreement (as amended, the "Credit Agreement") dated as of December 6, 1996 among FMC Corporation, the Lenders party thereto and the Agent We hereby give notice pursuant to Section 2.03 of the Credit Agreement that we request Money Market Quotes for the following proposed Money Market Borrowing(s): Date of Borrowing: _________________________ Principal Amount* Interest Period** ---------------- --------------- $ Such Money Market Quotes should offer a Money Market [Margin] [Absolute Rate]. [The applicable base rate is the London Interbank Offered Rate.] Terms used herein have the meanings assigned to them in the Credit Agreement. FMC CORPORATION By_______________________ Title: ___________ *Amount must be $25,000,000 or a larger multiple of $1,000,000. **Not less than one month (LIBOR Auction) or not less than 7 days (Absolute Rate Auction), subject to the provisions of the definition of Interest Period. EXHIBIT C Form of Invitation for Money Market Quotes ------------------------------------------ To: [Name of Bank] Re: Invitation for Money Market Quotes to FMC Corporation (the "Borrower") Pursuant to Section 2.03 of the Five-Year Credit Agreement dated as of December 6, 1996 among FMC Corporation, the Lenders parties thereto and the undersigned, as Agent, we are pleased on behalf of the Borrower to invite you to submit Money Market Quotes to the Borrower for the following proposed Money Market Borrowing(s): Date of Borrowing: _________________________ Principal Amount Interest Period ---------------- --------------- $ Such Money Market Quotes should offer a Money Market [Margin] [Absolute Rate]. [The applicable base rate is the London Interbank Offered Rate.] Please respond to this invitation by no later than [9:30 A.M.] (New York City time) on [date]. Terms used herein have the meanings assigned to them in the above Credit Agreement. XXXXXX GUARANTY TRUST COMPANY OF NEW YORK By _________________________ Authorized Officer EXHIBIT D Form of Money Market Quote -------------------------- To: XXXXXX GUARANTY TRUST COMPANY OF NEW YORK, as Agent Re: Money Market Quote to FMC Corporation (the "Borrower") In response to your invitation on behalf of the Borrower dated ___________, 19__, we hereby make the following Money Market Quote on the following terms:
FMC Corporation. SCHEDULE 10.1 ------------- INDIVIDUALS SUBJECT TO AN ------------------------- AGREEMENT NOT TO COMPETE ------------------------ Xxxx Xxxxxx Xxxxxx Xxxxxxxxxx Xxxxxx Xxxxx Xxxxxxxxxxx Xxxxx Xxxxxxx Xxxxxx Xxxx Xxxxxxxx Xxxxx Xxxxxx Lifecodes Corporation 000 Xxxx Xxxxxx Xxxxxxxx, XX 00000 October 1, 2001 Orchid BioSciences, Inc. 000 Xxxxxxx Xxxx Xxxx Xxxxxxxxx, XX 00000 Gentlemen: Reference is made to that certain Agreement and Plan of Merger dated today ("Agreement"), by and among Orchid BioSciences, Inc., Persia Merger Sub, Inc. and Lifecodes Corporation. Unless otherwise provided herein, capitalized terms shall have the meanings ascribed to them in the Agreement. In connection with the MMD Transaction, the Company will be required to deposit approximately 1.4 million DM (the "German Escrow") of the approximate 9.4 million DM being paid for MMD to secure certain indemnity obligations and covenants. It is anticipated that the German Escrow will have a term of 15 to 18 months. Notwithstanding any language to the contrary contained in Section 9.1 of the Agreement, only the 350,000 shares of Parent Common Stock ("MMD Escrow Shares") shall be subject to an extended term beyond the fifteen (15) month period provided in such Section (except in the case of representations and warranties for tax matters contained in the MMD Transaction). In connection with the Agreement and notwithstanding any language to the contrary contained in the Agreement or Escrow Agreement, only the MMD Escrow Shares held under the Escrow Agreement shall be used in connection with any liability incurred by Parent in connection with the MMD Transaction, provided that in no event shall Parent's liability exceed the amount of the German Escrow. Parent agrees that it shall promptly execute and deliver such documents and instruments as are reasonably required and reasonably acceptable to Parent to provide a limited recourse liability to the buyer of MMD, Deutsche Knochenmarkspenideratei gemeinnutzige GmbH ("DKMS"), to secure various indemnities and covenants including the nonperformance of certain MicroArray technology to be provided by Company to DKMS. In no event shall Parent's liability exceed the amount of the German Escrow. To the extent and only to the extent that DKMS realizes on all or any portion of the German Escrow, then Parent may demand and obtain reimbursement solely from the Escrow Shares an amount equal in value to the amount of the claims, if any, paid to DKMS from the German ...
FMC Corporation. [Docket No. M–2006–001-M] FMC Corporation, Box 872, Green River, Wyoming 82935 has filed a petition to modify the application of 30 CFR 57.22305 (Approved equipment (III mines)) to its FMC Westvaco Mine (MSHA I.D. No. 48–00152) located in Sweetwater County, Wyoming. The petitioner requests a modification of the existing standard to permit a submersible mine pump to be operated in a flooded area of the mine, and installed and operated through a borehole from the surface. The petitioner asserts that the proposed alternative method will not reduce the safety of the miners. 13434 Federal Register / Vol. 71, No. 50 / Wednesday, March 15, 2006 / Notices
