Heretofore all teachers who were affected by the buyout shall retain accumulated sick leave in excess of the number of days bought out, if any, and all teachers will continue to accrue sick leave in accordance with sick leave provisions in this Contract. Only in the event a teacher exhausts all of his/her accumulated sick leave and personal leave and needs additional sick leave, will he/she be able to use his/her bought out sick leave days.
Heretofore. Borrowers executed and delivered that certain Commercial Loan and Security Agreement (Revolving Draw Loan) (the “Loan Agreement”), dated November 30, 2009, pertaining to and securing the Note.
Heretofore. PayEase and Loyalty Alliance have conducted their businesses separately.
Heretofore the Government has made, entered into, and delivered a certain Commitment to Guarantee Note (the "Commitment"), dated January 28, 1988, as amended on November 15, 1988, the Commitment to Guarantee Note executed on November 22, 1988, and further amended by an Approval Letter dated January 22, 1998, and such Commitment has been accepted by Omega Protein, Inc., formerly Xxxxxx Protein (USA), Inc., (the "Payor"). The Guarantor is advised that the Commitment contemplates the issuance of an obligation in the amount of $668,399.00 by the Payor to Hibernia National Bank (the "Payee") which will be guaranteed by the Government (the "Guaranteed Note"). The consideration for the Guaranteed Note is a loan from the Payee to the Payor. The Commitment also contemplates the issuance of a promissory note by the Payor (the "Note") which will be secured by a Deed of Trust and Security Agreement (the "Deed of Trust and Security Agreement"), a First Preferred Ship Mortgage on the fishing vessel GRAND CALLIOU, Official Number 509018 (the "Ship Mortgage"), and UCC Security Interests from the Payor to the Government to be executed and delivered by the Payor to the Government. The consideration for the Note, Deed of Trust and Security Agreement, Ship Mortgage and UCC Security Interests is the Government's guarantee contained in the Guaranteed Note. The Guarantor understands that the Government is unwilling to enter into the aforementioned transaction unless payment pursuant to the Note, Deed of Trust and Security Agreement and Ship Mortgage shall be guaranteed unconditionally by the Guarantor. This Guaranty Agreement is executed and delivered by the Guarantor in order to induce the Government to enter into the aforementioned transaction with the Payor and Payee.
Heretofore the Parties modified and amended the Credit Agreement as follows: (i) pursuant to a First Amendment to Credit Agreement, dated as of September 15, 1999, between the Parties ("Amendment No. 1"); (ii) pursuant to a Second Amendment to Credit Agreement, dated as of October 4, 1999, between the Parties ("Amendment No. 2"; Amendment No. 2 and Amendment No. 1 hereinafter sometimes called, collectively, the "Amendments"); (iii) pursuant to a Consent and Waiver No. 1 into Credit Agreement, dated as of November 17, 1999, between the Parties; ("Waiver No. 1"); (iv) pursuant to a Consent and Waiver No. 2 to Credit Agreement, dated as of December 31, 1999, between the Parties ("Waiver No. 2"); and (v) pursuant to a Consent and Waiver No. 3 to Credit Agreement, dated as of February 29, 2000, between the Parties (Waiver No. 3"; Waiver Xx. 0, Xxxxxx Xx. 0 and Waiver No. 1 hereinafter sometimes called, collectively, the "Waivers"). The Parties, are entering into this Amendment for the purpose of further amending the Credit Agreement in the manner specified below. Accordingly, for value received, the Parties agree as follows:
Heretofore the Issuer and the Company did agree that the Issuer would finance the Project Costs. The Company has estimated that the Project Costs would not be less than $7,000,000.
Heretofore. (b) If ThermoLase fails to exercise the options set out in a. above within thirty days from the date of the meeting referred to in 11.2.d above, the SAS shall be dissolved. ThermoLase and the SA shall pay their respective shares of the cost of closing the Spas and of liquidating the SAS in order to avoid a judicial liquidation of the latter, it being understood that ThermoLase shall purchase at net book value the technical equipment which was furnished by it or by other companies of its group (e.g., lasers). 19PAGE
11.3.2 If the Deadlock takes place after the consolidated sales of the Company and its subsidiaries realized after the date of incorporation of the SAS exceeds ************* (using an exchange rate determined at the date of the meeting referred to in Article 11.2.d above),
(a) Where the parties cannot agree to the solution defined hereafter in paragraph (b), SAS shall be wound up and ThermoLase and SA shall agree to pay their respective shares of the closing of the Spas and the liquidation of SAS in order to avoid any legal liquidation of the latter, it being understood that ThermoLase shall buy back the technical equipment provided by it or by other companies of its group (e.g. lasers) at its net book value.
Heretofore. Consultant has provided valuable services to the Company in connection with the Company's search for a chief financial officer ("CFO") and provided assistance to the Company in connection with its ultimate engagement of Xxxx Xxxxxxxxx as CFO.
Heretofore the Borrower and the Lender have entered into that certain Committed Master Repurchase Agreement, dated as of March 28, 1996 (the "Existing Agreement"), pursuant to which the Borrower pledged to the Lender certain Securities. The Borrower and the Lender are entering into this Loan Agreement, which supersedes the Existing Agreement and is a continuation of the agreement set forth therein, as amended and modified herein. The Borrower has requested that the Lender from time to time make revolving credit loans to it to finance certain Securities (as defined below), and the Lender is prepared to make such loans upon the terms and conditions hereof. Accordingly, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows:
Heretofore. Cypress and SunPower have conducted their businesses separately.
