IN WITNESS HEREOF the parties hereto have executed and delivered this Agreement as of the date first above written. XXXXX XXXXXX PRIVATE TRUST PFS SHAREHOLDER SERVICES, INC. COMPANY By: By: __________________________ Title: Title: __________________________ Schedule A May 1, 2000 Xxxxx Xxxxxx Aggressive Growth Fund Inc. Xxxxx Xxxxxx Appreciation Fund Inc. Xxxxx Xxxxxx Concert Allocation Series Inc. Balanced Portfolio Conservative Portfolio Global Portfolio Growth Portfolio High Growth Portfolio Income Portfolio Xxxxx Xxxxxx Equity Funds Concert Social Awareness Fund Xxxxx Xxxxxx Fundamental Value Fund Inc. Xxxxx Xxxxxx Income Funds Xxxxx Xxxxxx Diversified Strategic Income Fund Xxxxx Xxxxxx Investment Funds Inc. Concert Peachtree Growth Fund Schedule B SUB-TRANSFER AGENT FEE Class A and B shares Base Maintenance Fees: Class A: $0.92 per account per month Class B: $1.04 per account per mont New Account Fees: N/A PAC Transaction Fees: N/A Purchase Transaction Fees: N/A SWP Transaction Fees: N/A Redemption Transaction Fee: N/A Account Closed Redemption Fees: N/A Dividend Transactions Fee: N/A Maintenance Fees: N/A Schedule C OUT-OF-POCKET EXPENSES The Transfer Agent shall reimburse the Sub-Transfer Agent monthly for applicable out-of-pocket expenses, including, but not limited to the following items: - Microfiche/microfilm production - Magnetic media tapes and freight - Printing costs, including certificates, envelopes, checks and stationery - Postage (bulk, pre-sort, ZIP+4, barcoding, first class) direct pass through to the Transfer Agent - Due diligence mailings - Telephone and telecommunication costs, including all lease, maintenance and line costs - Proxy solicitations, mailings and tabulations - Daily & Distribution advice mailings - Shipping, Certified and Overnight mail and insurance - Year-end form production and mailings - Terminals, communication lines, printers and other equipment and any expenses incurred in connection with such terminals and lines - Duplicating services - Courier services - Incoming and outgoing wire charges - Federal Reserve charges for check clearance - Record retention, retrieval and destruction costs, including, but not limited to exit fees charged by third party record keeping vendors - Third party audit reviews - Insurance - Such other miscellaneous expenses reasonably incurred by the Sub-Transfer Agent in performing its duties and responsibilities under this Agreement. The Transfer Agent agrees that postage and mailing expenses will be paid...
IN WITNESS HEREOF the parties have executed and delivered this Amendment No. 1 as of the date first above set forth. EQ ADVISORS TRUST AXA ADVISORS, LLC By: /s/ Xxxxxx X. Xxxxx By: /s/ Xxxxxx XxXxxxx Name: Xxxxxx X. Xxxxx Name: Xxxxxx XxXxxxx Title: President Title: Chairman SCHEDULE IA CLASS IA SHARES All Asset Allocation Portfolio (fka EQ/Enterprise Moderate Allocation Portfolio , EQ/Enterprise Managed Portfolio) EQ/Bond Index Portfolio (fka EQ/MONY Intermediate Term Bond Portfolio) EQ/Boston Advisors Equity Income Portfolio (fka, EQ/Enterprise Equity Income Portfolio) EQ/Government Securities (fka, EQ/MONY Government Securities Portfolio) EQ/Xxxxxxx-Xxxxxx High Yield Bond Portfolio (fka, EQ/Enterprise High Yield Portfolio) EQ/GAMCO Mergers and Acquisitions Portfolio (fka EQ/Enterprise Mergers and Acquisition Portfolio) EQ/GAMCO Small Company Value (fka, EQ/Enterprise Small Company Value Portfolio) EQ/International Growth (fka, EQ/Enterprise International Growth Portfolio) EQ/Long Term Bond Portfolio (fka EQ/MONY Long Term Bond Portfolio) EQ/Montag & Xxxxxxxx Growth Portfolio (fka EQ/Enterprise Growth Portfolio) EQ/PIMCO Real Return (fka EQ/Enterprise Total Return Portfolio) EQ/Short Duration Bond Portfolio (fka EQ/Enterprise Short Duration Bond Portfolio) EQ/X. Xxxx Price Growth Stock Portfolio (fka, EQ/TCW Equity Portfolio, fka EQ/Enterprise Equity Portfolio) EQ/UBS Growth and Income Portfolio
IN WITNESS HEREOF the parties hereto have executed this Amendment as of this eleventh day of July 2001. By: /s/ Xxxxx X. Xxxxx ---------------------------- Name: Xxxxx X. Xxxxx -------------------------- Title: President ------------------------- FINANCIAL DATA SERVICES, INC. By: /s/ Xxxxxx X. Xxxxxxxxxxx ---------------------------- Xxxxxx X. Xxxxxxxxxxx Vice President AMENDED AND RESTATED SCHEDULE OF FEES Transfer Agency and Record-keeping Fees: The Fund shall pay monthly the following transfer agency and record-keeping fees to FDS, unless otherwise noted: -------------------------------------------------------------------------------- Annual Account Fee Distribution Channel Class A & D Class B & C -------------------------------------------------------------------------------- Proprietary Retail/1/ $16 $19 -------------------------------------------------------------------------------- Third Party/2/ $16 $19 -------------------------------------------------------------------------------- Direct Account $20 $23 -------------------------------------------------------------------------------- MFA ERISA/3/ 0.10% 0.10% -------------------------------------------------------------------------------- BIS Recordkept Plans/4/ $16 $19 -------------------------------------------------------------------------------- BISYS Recordkept Plans/5/ $19 $19 -------------------------------------------------------------------------------- Paychex Recordkept Plans/6/ $16 $19 -------------------------------------------------------------------------------- NOTES:
IN WITNESS HEREOF the undersigned has duly executed and delivered this Monthly Servicer’s Certificate as of the date first above written. SERVICER: PACIFIC GAS AND ELECTRIC COMPANY, a California corporation By: Name: Xxxxxxxx X. Xxxxxx
IN WITNESS HEREOF this Acknowledgement Letter is executed by the Parties below at the date and the place set forth first above. [the remainder of this page is left blank] Acknowledgment Letter EXECUTION PAGE SHANGHAI FOCUS MEDIA ADVERTISEMENT CO., LTD. (Corporate Seal) Signed by: /s/ Xxxxx Xxxxxxx Xxxxx -------------------------------------------------- Name: Xxxxx Xxxxxxx Xxxxx Position: Authorized Representative FOCUS MEDIA TECHNOLOGY (SHANGHAI) CO., LTD. (Corporate Seal) Signed by: /s/ Xxxxx Xxxxxxx Xxxxx -------------------------------------------------- Name: Xxxxx Xxxxxxx Xxxxx Position: Authorized Representative SICHUAN FOCUS MEDIA ADVERTISING AGENCY CO., LTD. (Corporate Seal) Signed by: /s/ Xxxxx Xxxxxxx Xxxxx -------------------------------------------------- Name: Xxxxx Xxxxxxx Xxxxx Position: Authorized Representative ZHEJIANG RUIHONG FOCUS MEDIA CULTURE COMMUNICATIONS CO., LTD. (Corporate Seal) Signed by: /s/ Xxxxx Xxxxxxx Xxxxx -------------------------------------------------- Name: Xxxxx Xxxxxxx Xxxxx Position: Authorized Representative CHONGQING GEYANG FOCUS MEDIA CULTURE COMMUNICATIONS CO., LTD. (Corporate Seal) Signed by: /s/ Xxxxx Xxxxxxx Xxxxx -------------------------------------------------- Name: Xxxxx Xxxxxxx Xxxxx Position: Authorized Representative CHANGSHA FOCUS MEDIA CENTURY ADVERTISING CO., LTD. (Corporate Seal) Signed by: /s/ Du Kang -------------------------------------------------- Name: Du Kang Position: Authorized Representative QINGDAO FOCUS MEDIA ADVERTISING AGENCY CO., LTD. (Corporate Seal) Signed by: /s/ Xxxxx Xxxxxx -------------------------------------------------- Name: Xxxxx Xxxxxx Position: Authorized Representative Acknowledgment Letter DALIAN FOCUS MEDIA ADVERTISING AGENCY CO., LTD. (Corporate Seal) Signed by: /s/ Xxx Xxxxx -------------------------------------------------- Name: Xxx Xxxxx Position: Authorized Representative YUNNAN FOCUS MEDIA CO., LTD. (Corporate Seal) Signed by: /s/ Xxxxx Xxxxxxx Xxxxx -------------------------------------------------- Name: Xxxxx Xxxxxxx Xxxxx Position: Authorized Representative WUHAN GESHI FOCUS MEDIA ADVERTISING CO., LTD. (Corporate Seal) Signed by: /s/ Xxxxx Xxxxxxx Xxxxx -------------------------------------------------- Name: Xxxxx Xxxxxxx Xxxxx Position: Authorized Representative TRANSFEREE: FOCUS MEDIA DIGITAL INFORMATION TECHNOLOGY (SHANGHAI) CO., LTD. (Corporate Seal) Signed by: /s/ Xxxxx Xxxxxxx Xxxxx -------------------------------------------------- Name: Xxxxx Xxxxxxx Xxxxx Positi...
IN WITNESS HEREOF the parties have executed and delivered this Amendment No. 1 as of the date first above set forth. EQ ADVISORS TRUST AXA DISTRIBUTORS, LLC By: By: Name: Xxxxxx X. Xxxxx Name: Xxxxxxxx X. Xxxx Title: President and Chief Executive Officer Title: Chairman, President and Chief Executive Officer SCHEDULE A AMENDMENT NO. 1 DISTRIBUTION AGREEMENT CLASS K SHARES
IN WITNESS HEREOF the parties have executed and delivered this Amendment No. 25 as of the date first above set forth. EQ ADVISORS TRUST AXA DISTRIBUTORS, LLC By: /s/ Xxxxxx X. Xxxxx By: /s/ Xxxxxxxx X. Xxxx Name: Xxxxxx X. Xxxxx Name: Xxxxxxxx X. Xxxx Title: President and Chief Executive Officer Title: Chairman, President and Chief Executive Officer SCHEDULE A AMENDMENT NO. 25 AMENDED AND RESTATED DISTRIBUTION AGREEMENT CLASS IB SHARES All Asset Aggressive – Alt 25 Portfolio All Asset Aggressive – Alt 50 Portfolio All Asset Aggressive – Alt 75 Portfolio All Asset Moderate Growth – Alt 15 Portfolio ATM International Managed Volatility Portfolio ATM Large Cap Managed Volatility Portfolio ATM Mid Cap Managed Volatility Portfolio ATM Small Cap Managed Volatility Portfolio AXA 2000 Managed Volatility Portfolio AXA 400 Managed Volatility Portfolio AXA 500 Managed Volatility Portfolio AXA Aggressive Strategy Portfolio AXA Balanced Strategy Portfolio AXA Conservative Growth Strategy Portfolio AXA Conservative Strategy Portfolio AXA Global Equity Managed Volatility Portfolio AXA Growth Strategy Portfolio AXA International Core Managed Volatility Portfolio AXA International Managed Volatility Portfolio AXA International Value Managed Volatility Portfolio AXA Large Cap Core Managed Volatility Portfolio AXA Large Cap Growth Managed Volatility Portfolio AXA Large Cap Value Managed Volatility Portfolio AXA Mid Cap Value Managed Volatility Portfolio AXA Moderate Growth Strategy Portfolio AXA Natural Resources Portfolio AXA Real Estate Portfolio (formerly, EQ/Real Estate PLUS Portfolio) AXA SmartBeta Equity Portfolio AXA Ultra Conservative Strategy Portfolio AXA/AB Dynamic Growth Portfolio AXA/AB Dynamic Moderate Growth Portfolio AXA/AB Short Duration Government Bond Portfolio AXA/AB Small Cap Growth Portfolio AXA/DoubleLine Opportunistic Core Plus Bond Portfolio AXA/Franklin Balanced Managed Volatility Portfolio AXA/Franklin Small Cap Value Managed Volatility Portfolio AXA/Franklin Xxxxxxxxx Allocation Managed Volatility Portfolio AXA/Xxxxxxx Sachs Strategic Allocation Portfolio AXA/Horizon Small Cap Value Portfolio AXA/Invesco Strategic Allocation Portfolio AXA/Xxxx Xxxxx Strategic Allocation Portfolio AXA/Lord Xxxxxx Micro Cap Portfolio AXA/Xxxxxx Xxxxxxx Small Cap Growth Portfolio AXA/Mutual Large Cap Equity Managed Volatility Portfolio AXA/Pacific Global Small Cap Value Portfolio AXA/Templeton Global Equity Managed Volatility Portfolio EQ/BlackRock Basic Value Equity Portfolio EQ/Xxxx...
IN WITNESS HEREOF the parties hereto have caused this Agreement to be duly executed, as of the day and year first above written. GRAYMARK PRODUCTIONS, INC. By: Xxxx Xxxxxxxxx, President Attest: Xxxx X. Xxxx, Secretary Viewtrade FINANCIAL, INC. By: Name: Title: GRAYMARK PRODUCTIONS, INC. WARRANT CERTIFICATE THE WARRANTS REPRESENTED BY THIS CERTIFICATE AND THE OTHER SECURITIES ISSUABLE UPON EXERCISE THEREOF MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO (i) AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933, (ii) TO THE EXTENT APPLICABLE, RULE 144 UNDER SUCH ACT (OR ANY SIMILAR RULE UNDER SUCH ACT RELATING TO THE DISPOSITION OF SECURITIES), OR (iii) AN OPINION OF COUNSEL, IF SUCH OPINION SHALL BE REASONABLY SATISFACTORY TO COUNSEL FOR THE ISSUER, THAT AN EXEMPTION FROM REGISTRATION UNDER SUCH ACT IS AVAILABLE. THE TRANSFER OR EXCHANGE OF THE WARRANTS REPRESENTED BY THIS CERTIFICATE IS RESTRICTED IN ACCORDANCE WITH THE WARRANT AGREEMENT REFERRED TO HEREIN. EXERCISABLE ON OR BEFORE 5:30 P.M., EASTERN TIME ON , 2004 NO. PAW- Placement Agent Warrants This Warrant Certificate certifies that , or registered assigns, is the registered holder of Placement Agent Warrants of GrayMark Productions, INC. (the "Company"). Each Placement Agent Warrant permits the Holder hereof to purchase initially, at any time from October 30, 2004 ("Purchase Date") until 5:30 p.m. Eastern Time on October 30, 2008 ("Expiration Date"), one (1) share of the Company's Common Stock at the initial exercise price, subject to adjustment in certain events (the "Exercise Price"), of $1.10 per share. Any exercise of Placement Agent Warrants shall be effected by surrender of this Warrant Certificate and payment of the Exercise Price at an office or agency of the Company, but subject to the conditions set forth herein and in the Placement Agent Agreement dated August 11, 2003 and as amended pursuant to Amendment dated September 19, 2003, between the Company and Viewtrade Financial, Inc. (the "Warrant Agreement"). Payment of the Exercise Price shall be made by certified check or official bank check in New York Clearing House funds payable to the order of the Company in the event there is no cashless exercise pursuant to Section 3.1(ii) of the Warrant Agreement. The Placement Agent Warrants are also referred to as "Warrants". No Warrant may be exercised after 5:30 p.m., Eastern Time, on the Expiration Date, at which time all Warrants evidenced hereby, unless exercised prior thereto, hereby shall thereaf...
IN WITNESS HEREOF the parties hereto have caused this Agreement to be duly executed, as of the day and year first above written. “Company” GRAYMARK HEALTHCARE, INC. By: Xxxxxxx Xxxxxx Chief Executive Officer Date: January __, 2010 “Option Holder” MIRADOR CONSULTING, INC. By: Xxxxx X. Xxxx, President Date: January __, 2010 EXHIBIT “A” FORM OF SUBSCRIPTION (CASH EXERCISE) (To be signed only upon exercise of Option) TO: Graymark Healthcare, Inc. 000 Xxxx Xxxxxx, Xxxxx 0000 Xxxxxxxx Xxxx, Xxxxxxxx 00000 The undersigned, the Option Holder, hereby irrevocably elects to exercise the purchase right provided by the Option Agreement for, and to purchase thereunder, Shares of Graymark Healthcare, Inc. (the “Company”), and herewith makes payment of $ therefor, and requests that the certificates for such securities be issued in the name of, and delivered to, whose address is , all in accordance with the Option Agreement. Dated: (Signature must conform in all respects to name of Holder as specified on the face of the Option Agreement) (Address) (Social Security Number or Tax Identification Number) EXHIBIT “B” FORM OF ASSIGNMENT (To be exercised by the Option Holder if the Option Holder desires to transfer the Option Agreement.) FOR VALUE RECEIVED hereby sells, assigns and transfers unto (Print name and address of transferee) the Option Agreement, together with all right, title and interest therein, and does hereby irrevocably constitute and appoint Attorney, to transfer the Option Agreement on the books of Graymark Healthcare, Inc., with full power of substitution. Dated: (Signature must conform in all respects to name of Holder as specified on the face of the Option Agreement) Address of Assignee: (Social Security Number or Tax Identification Number of Assignee)
IN WITNESS HEREOF. Subcontractor has executed this Assignment as of this day of , 20 . Subcontractor By: Title: EXHIBIT “I” FORM POP 2 CERTIFICATION OF COMPLIANCE WITH PAY OR PLAY PROGRAM Available at xxxx://xxx.xxxxxxxxx.xxx/obo/popforms.html EXHIBIT “J” CERTIFICATION OF AGREEMENT TO COMPLY WITH STANDARD DOT TITLE VI ASSURANCES APPENDIX A LANGUAGE During the performance of this Contract, the Engineer, for itself, its assignees and successors in interest (hereinafter referred to as the “Contractor”) agrees as follows:
