IN WITNESS WEREOF the parties have caused this Agreement to be duly executed and delivered by their proper and duly authorized officers as of the date and year first written above. COMPANY: NEUROSIGMA, INC. a Delaware corporation By: Name: Title: [Signature Page for Note and Warrant Purchase Agreement] INVESTOR: [NAME] By: Name: Title:
IN WITNESS WHEROF the City and Consultant have caused this Master Agreement to be executed by their respective duly authorized representatives as follows.
IN WITNESS WHERE OF parties herein above named have set their respective hands and signed this Agreement for sale at ……………. in the presence of attesting witness, signing as such on the day first above written. Signed and delivered by the within named Allottee(s) in the presence of witnesses on ……………………… Passport size photograph with signature across the photograph (First- Allottee) Passport size photograph with signature across the photograph (Second- Allottee) Passport size photograph with signature across the photograph (Third- Allottee) Signature (Name) (First-Allottee) Signature (Name) (Second-Allottee) Signature (Name) (Third-Allottee) Signed and delivered by the within named Promoter in the presence of witnesses at ……………………… on ………….. PROMOTER For and on behalf of M/s Name Signature Designation WITNESSES 1- Signature Name Address 2- Signature Name Address SCHEDULE-1 (Details of land holdings of the Promoter and location of the Project) Name of Revenue village and Tehsil Khasra No. Area (in meters) Total Area Name of Scheme/Colony and City Plot No. Area (in meters) 2- The piece and parcel of the plot of land in site is bounded on the :- In North ……. In South …….. In East ……… In West ……… And measuring North to South …………… East to West …………….
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written.
IN WITNESS of which this Framework Agreement has been duly executed by the Parties. Signed duly authorised for and on behalf of the SUPPLIER Signature: ………………………………………………. Name: ………………………………………………. Position: ………………………………………………. Date ………………………………………………. [Guidance Note: this document should be signed by the same supplier entity that submitted the ITT.] Signed for and on behalf of the AUTHORITY Signature: ………………………………………………. Name: ………………………………………………. Position: ………………………………………………. Date ……………………………………………….
IN WITNESS OF the parties hereto have caused this Trust Agreement to be duly executed by their respective officers hereunto duly authorized, as of the day and year first above written. PAINEWEBBER MORTGAGE ACCEPTANCE CORPORATION IV, Depositor By: ______________________________________ Xxxxxxx X. Xxxxxx Senior Vice President EMPIRE FUNDING CORP. By: ______________________________________ Name: Title: WILMINGTON TRUST COMPANY, not in its individual capacity but solely as Owner Trustee By: ______________________________________ Xxxxxx X. Xxxxxx Vice President U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Paying Agent By: ______________________________________ X. X. Xxxxxxx Assistant Vice President EXHIBIT A TO THE TRUST AGREEMENT FORM OF RESIDUAL INTEREST CERTIFICATE THE RESIDUAL INTEREST IN THE TRUST REPRESENTED BY THIS RESIDUAL INTEREST CERTIFICATE HAS NOT BEEN AND WILL NOT BE REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "ACT"), OR ANY STATE SECURITIES LAWS. THIS RESIDUAL INTEREST CERTIFICATE MAY BE DIRECTLY OR INDIRECTLY OFFERED OR SOLD OR OTHERWISE DISPOSED OF BY THE HOLDER HEREOF ONLY TO (I) A "QUALIFIED INSTITUTIONAL BUYER" AS DEFINED IN RULE 144A UNDER THE ACT, IN A TRANSACTION THAT IS REGISTERED UNDER THE ACT AND APPLICABLE STATE SECURITIES LAWS OR THAT IS EXEMPT FROM THE REGISTRATION REQUIREMENTS OF THE ACT PURSUANT TO RULE 144A OR (II) AN INSTITUTIONAL "ACCREDITED INVESTOR" WITHIN THE MEANING OF SUBPARAGRAPH (A)(1), (2), (3) OR (7) OF RULE 501 UNDER THE ACT (INCLUDING, BUT NOT LIMITED TO, EMPIRE FUNDING CORP.) IN A TRANSACTION THAT IS REGISTERED UNDER THE ACT AND APPLICABLE STATE SECURITIES LAWS OR THAT IS EXEMPT FROM THE REGISTRATION REQUIREMENTS OF THE ACT AND SUCH LAWS. NO PERSON IS OBLIGATED TO REGISTER THIS RESIDUAL INTEREST UNDER THE ACT OR ANY STATE SECURITIES LAWS. EXCEPT AS PROVIDED IN SECTION 3.10(B) OF THE TRUST AGREEMENT, NO TRANSFER OF THIS RESIDUAL INTEREST CERTIFICATE OR ANY BENEFICIAL INTEREST HEREIN SHALL BE MADE UNLESS THE OWNER TRUSTEE HAS RECEIVED A CERTIFICATE FROM THE TRANSFEREE TO THE EFFECT THAT SUCH TRANSFEREE (I) IS NOT (A) AN "EMPLOYEE BENEFIT PLAN" WITHIN THE MEANING OF SECTION 3(3) OF THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED, (B) A "PLAN" WITHIN THE MEANING OF SECTION 4975(E)(1) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, OR (C) AN ENTITY WHOSE UNDERLYING ASSETS INCLUDE PLAN ASSETS BY REASON OF A PLAN'S INVESTMENT IN THE ENTITY (EACH, A "BENEFIT PLAN INVESTOR"), AND (II) IS NOT DIRECTLY OR INDIRECTLY PURCHASING SUCH RESIDUAL INTEREST CERTIFICATE ON BEHALF OF, AS INVESTMENT MANAGER OF, AS NAMED FIDUCIARY OF, AS TRUSTEE OF, OR WITH THE ASSETS OF A BENEFIT PLAN INVESTOR. THE TRANSFEREE OF THIS CERTIFICATE SHALL BE SUBJECT TO UNITED STATES FEDERAL WITHHOLDING TAX UNLESS THE CERTIFICATE REGISTRAR SHALL HAVE RECEIVED A CERTIFICATE OF NON-FOREIGN STATUS CERTIFYING AS TO THE TRANSFEREE'S STATUS AS A U.S. PERSON UNDER U.S. FEDERAL TAX LAW. THE OWNER TRUSTEE SHALL NOT EXECUTE, AND SHALL NOT COUNTERSIGN AND DELIVER, A RESIDUAL INTEREST CERTIFICATE IN CONNECTION WITH ANY TRANSFER OF THIS RESIDUAL INTEREST CERTIFICATE UNLESS THE TRANSFEROR SHALL HAVE PROVIDED TO THE OWNER TRUSTEE A CERTIFICATE, SIGNED BY THE TRANSFEREE, WHICH CERTIFICATE SHALL CONTAIN THE CONSENT OF THE TRANSFEREE TO ANY AMENDMENTS OF THE TRUST AGREEMENT AS MAY BE REQUIRED TO EFFECTUATE FURTHER THE RESTRICTIONS ON TRANSFER OF THE RESIDUAL INTEREST CERTIFICATES TO NON-PERMITTED FOREIGN HOLDERS, AND AN AGREEMENT BY THE TRANSFEREE THAT IT WILL NOT TRANSFER THIS RESIDUAL INTEREST CERTIFICATE WITHOUT PROVIDING TO THE OWNER TRUSTEE A SUBSTANTIALLY IDENTICAL CERTIFICATE, SIGNED BY THE PROSPECTIVE OWNER TO WHOM THIS RESIDUAL INTEREST CERTIFICATE IS TO BE TRANSFERRED. EMPIRE FUNDING HOME LOAN OWNER TRUST 1997-4 RESIDUAL INTEREST CERTIFICATE No. ______ THIS CERTIFIES THAT _______________________________ (the "Owner") is the registered owner of a ____% residual interest in Empire Funding Home Loan Owner Trust 1997-4 (the "Trust") existing under the laws of the State of Delaware and created pursuant to the Trust Agreement dated as of October 1, 1997 (the "Trust Agreement") between PaineWebber Mortgage Acceptance Corporation IV, as Depositor, Empire Funding Corp., as the Company, Wilmington Trust Company, not in its individual capacity but solely in its fiduciary capacity as owner trustee under the Trust Agreement (the "Owner Trustee") and U.S. Bank National Association, d/b/a First Bank National Association, as Paying Agent (the "Paying Agent"). Initially capitalized terms used but not defined herein have the meanings assigned to them in the Trust Agreement. The Owner Trustee, on behalf of the Issuer and not in its individual capacity, has executed this Residual Interest Certificate by one of its duly authorized signatories as set forth below. This Residual Interest Certificate is one of the Residual Interest Certificates referred to in the Trust Agreement and is issued under and is subject to the terms, provisions and conditions of the Trust Agreement to which the holder of this Residual Interest Certificate by virtue of the acceptance hereof agrees and by which the holder hereof is bound. Reference is hereby made to the Trust Agreement and the Sale and Servicing Agreement for the rights of the holder of this Residual Interest Certificate, as well as for the terms and conditions of the Trust created by the Trust Agreement. The holder, by its acceptance hereof, agrees not to transfer this Residual Interest Certificate except in accordance with terms and provisions of the Trust Agreement. THIS RESIDUAL INTEREST CERTIFICATE SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF DELAWARE, WITHOUT REFERENCE TO ITS CONFLICT OF LAW PROVISIONS, AND THE OBLIGATIONS, RIGHTS AND REMEDIES OF THE PARTIES HEREUNDER SHALL BE DETERMINED IN ACCORDANCE WITH SUCH LAWS.
N WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their respective officers or representatives thereunto duly authorized, as of the date first above written. CATERPILLAR INC. By Name: Xxxxxx X. Xxxxx Title: Treasurer CATERPILLAR FINANCIAL SERVICES CORPORATION By Name: Xxxxx X. Xxxxxxxx Title: Treasurer CATERPILLAR INTERNATIONAL FINANCE LIMITED By Name: Xxxxx X. Xxxxxxxx Title: Director CATERPILLAR FINANCE CORPORATION By Name: Xxxxx X. Xxxxxxxx Title: Director CITIBANK, N.A., as Agent By Name: Title: CITIBANK INTERNATIONAL PLC, as Local Currency Agent By Name: Title: THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., as Japan Local Currency Agent By Name: Title: Banks CITIBANK, N.A. By Name: Title: Domestic Lending Office: Citibank, N.A. 0000 Xxxxx Xx., Building No. 3 New Castle, Delaware 19720 Attention: Xxxxx Xxxxxx Phone: (000) 000-0000 Fax: (000) 000-0000 Eurocurrency Lending Office: Citibank, N.A. 0000 Xxxxx Xx., Building No. 3 New Castle, Delaware 19720 Attention: Xxxxx Xxxxxx Phone: (000) 000-0000 Fax: (000) 000-0000 [BANK] By Name: Title: Domestic Lending Office: [________] [________] [________] Attention: [________] Phone: [________] Fax: [________] Eurocurrency Lending Office: [________] [________] [________] Attention: [________] Phone: [________] Fax: [________] SCHEDULE I COMMITMENTS BANK COMMITMENT REVOLVING CREDIT COMMITMENT Citibank, N.A. $363,000,000.00 $338,500,000.00 Bank of America, N.A. $363,000,000.00 $363,000,000.00 JPMorgan Chase Bank, N.A. $363,000,000.00 $338,500,000.00 Barclays Bank PLC $286,000,000.00 $266,000,000.00 Société Générale $286,000,000.00 $266,000,000.00 The Bank of Tokyo – Mitsubishi UFJ, Ltd. $286,000,000.00 $286,000,000.00 The Royal Bank of Scotland plc $286,000,000.00 $266,000,000.00 Australia and New Zealand Banking Group Limited $176,000,000.00 $176,000,000.00 Xxxxxxx Xxxxx Bank USA $176,000,000.00 $176,000,000.00 Royal Bank of Canada $176,000,000.00 $165,000,000.00 Toronto Dominion (Texas) LLC $176,000,000.00 $176,000,000.00 Commerzbank AG, New York and Grand Cayman Branches $132,000,000.00 $123,500,000.00 BNP Paribas $132,000,000.00 $121,500,000.00 Deutsche Bank AG, New York Branch $132,000,000.00 $132,000,000.00 HSBC Bank USA, National Association $132,000,000.00 $132,000,000.00 ING Bank N.V., Dublin Branch $132,000,000.00 $132,000,000.00 Lloyds TSB Bank plc $132,000,000.00 $124,500,000.00 U.S. Bank National Association $132,000,000.00 $132,000,000.00 Banco Bilbao Vizcaya Argentaria, S.A., New York Branch $110,000,000.00 $110,000,000.00 The Northern Trust Company $99,000,000.00 $99,000,000.00 KBC Bank NV, New York Branch $66,000,000.00 $62,500,000.00 Standard Chartered Bank $66,000,000.00 $66,000,000.00 China Construction Bank Corporation, New York Branch $55,000,000.00 $55,000,000.00 The Bank of New York Mellon $55,000,000.00 $55,000,000.00 Industrial and Commercial Bank of China Limited, New York Branch $44,000,000.00 $44,000,000.00 Westpac Banking Corporation $44,000,000.00 $44,000,000.00 TOTAL $4,400,000,000.00 $4,250,000,000.00 SCHEDULE II COMMITMENT FEE, CDS CAP, CDS FLOOR GRID Basis for Pricing Xxxxx 0 Xxxxx XX Xxxxx XXX Level IV Level V If the long-term senior, unsecured debt of Caterpillar or CFSC, as applicable, is rated at least AA- by Standard & Poor’s or at least Aa3 by Moody’s If the long-term senior, unsecured debt of Caterpillar or CFSC, as applicable, is rated at least A+ by Standard & Poor’s or at least A1 by Moody’s If the long-term senior, unsecured debt of Caterpillar or CFSC, as applicable, is rated at least A by Standard & Poor’s or at least A2 by Moody’s If the long-term senior, unsecured debt of Caterpillar or CFSC, as applicable, is rated at least A- by Standard & Poor’s or at least A3 by Moody’s If the long-term senior, unsecured debt of Caterpillar or CFSC, as applicable, is rated lower than Level IV by Standard & Poor’s and Moody’s Commitment Fee Rate 0.050% 0.060% 0.070% 0.100% 0.150% CDS Floor 0.150% 0.200% 0.250% 0.500% 0.750% CDS Cap 0.750% 0.875% 1.000% 1.250% 1.500% SCHEDULE 4.01(h)
IN WITNESS THEREFORE that in consideration of the premises and subject to the conditions hereunder and in consideration of the sum of ONE DOLLAR ($1.00) now paid by the Indemnitee to the Indemnitor and other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged by the Indemnitor), the parties agree as follows:
IN WITNESS THEREOF the Tenant, Owner, and Program Administrator have indicated their acceptance of the terms of this Contract, including the Exhibits hereto, which are incorporated herein by reference, by their signatures below on the dates indicated. Owner Owner/Landlord Representative Signature Xxxx Xxxxxxxx AHDS Ocean King, LLC Owner/Property Manager 12/15/2020 Date: Tenant Signature Xxxxxxxx Xxxxxxx Tenant 12/15/2020 Date: Program Administrator Authorized Representative Signature Xxxxxxx Xxxxxx Program Administrator Date 12/15/2020 Attest: City of North Miami, a Florida Municipal Corporation Approve as to Form and Legal Sufficiency Signature Xxxx P.H. Xxxxxx, Esq. City Attorney 12/15/2020 Date Signature Xxxxxxx Xxxxxxxx, Esq. City Manager 12/16/2020 Date Signature Xxxxxxx Xxxxxx, Esq. City Clerk 12/17/2020 Date EXHIBIT A: PROJECT SPECIFIC INFORMATION Parties to this Contract Program Administrator City of North Miami Owner AHDS Ocean King, LLC Tenant Xxxxxxxx Xxxxxxx Contract Dates Contract Start Date: 12/17/2020 Contract End Date: 12/31/2020 Unit & Lease Information Unit (Address and Unit #): 00000 XX 0 Xxxxxx, Xxx 000, Xxxxx, XX., 00000 Lease Start Date: 10/01/2018 Lease End Date: Month-To-Month Contract Rent (total due under Lease): $1,000.00 per month Rental Assistance Tenant Contribution: $ per month Rental Assistance Payment: $3,000.00 up to 3 months Rental Assistance from Other Programs Is other rental assistance (e.g. Section 8/State/Local funds) received? Yes No If yes, monthly amount of $0.00 paid to Tenant or Owner from (source): Payment Information Rent Payable to: AHDS Ocean King, LLC Mailing Address: 00000 XX 0 Xxxxxx, Xxx 000, Xxxxx Xxxxx, XX., 00000 Electronic Payment Instructions Financial Institution: N/A Check wil be issued to Landlord/Owner Routing Number: Account Number Account Holder Name: EXHIBIT B: EXISTING LEASE {Attach copy of the Lease for the HOME-TBRA assisted Unit} DocuSign Envelope ID: 5530E9A6-5D5D-49EC-9D91-E162A4FF7F7B DocuSign Envelope ID: 5530E9A6-5D5D-49EC-9D91-E162A4FF7F7B DocuSign Envelope ID: 5530E9A6-5D5D-49EC-9D91-E162A4FF7F7B DocuSign Envelope ID: 5530E9A6-5D5D-49EC-9D91-E162A4FF7F7B DocuSign Envelope ID: 5530E9A6-5D5D-49EC-9D91-E162A4FF7F7B DocuSign Envelope ID: 5530E9A6-5D5D-49EC-9D91-E162A4FF7F7B DocuSign Envelope ID: 5530E9A6-5D5D-49EC-9D91-E162A4FF7F7B DocuSign Envelope ID: 5530E9A6-5D5D-49EC-9D91-E162A4FF7F7B DocuSign Envelope ID: 5530E9A6-5D5D-49EC-9D91-E162A4FF7F7B DocuSign Envelope ID: 5530E9A6-5D5D-49EC-9D91-E162A4FF7F7B DocuSign Envelope ID: 5530E9A6-5D5D-49EC-9D91-E162A4FF7F7B DocuSign Envelope ID: 5530E9A6-5D5D-49EC-9D91-E162A4FF7F7B