Miscxxxxxxxxx. 10.1 This Agreement will be construed and the provisions hereof interpreted under and in accordance with the laws of the State of Maryland, where the sale of any FUND share shall be deemed to have been made; provided, however, that if such laws or any of the provisions of this Agreement conflict with applicable Provisions of the 1940 Act, the latter shall control.
Miscxxxxxxxxx. 12.1. Subject to the requirements of legal process and regulatory authority, each Party hereto shall treat as confidential any "non-public personal information" about any "consumer" of another Party as such terms are defined in SEC Regulation S-P, and shall not disclose or use such information without the express written consent of such Party. Such written consent shall specify the purposes for which such information may be disclosed or used, which disclosure or use shall be consistent with SEC Regulation S-P.
Miscxxxxxxxxx. (a) This Security Agreement sets forth the entire understanding of the parties hereto with respect to the subject matter hereof and shall not be changed, modified, or terminated except by a written instrument, duly executed by all parties hereto. No waiver of any term or condition herein by any party hereto shall be effective unless such waiver shall be expressed in a written instrument duly executed by the party or parties against whom enforcement of such waiver is sought.
Miscxxxxxxxxx. 00.0 All persons dealing with the Trust must look solely to the property of the Trust for the enforcement of any claims against the Trust as neither the Board, officers, agents or shareholders assume any personal liability for obligations entered into on behalf of the Trust.
Miscxxxxxxxxx. This Agreement shall inure to the benefit of and be binding upon the several Underwriters and, the Company and their respective successors and legal representatives. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or in respect of this Agreement. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Company and the several Underwriters and for the benefit of no other person except that (i) the representations and warranties of the Company contained in this Agreement shall also be for the benefit of any person or persons who control any Underwriter within the meaning of Section 15 of the Securities Act, and (ii) the indemnities by the Underwriters shall also be for the benefit of the directors of the Company, officers of the Company who have signed the Registration Statement, and any person or persons who control the Company within the meaning of Section 15 of the Securities Act. No purchaser of Notes from any Underwriter will be deemed a successor because of such purchase. The validity and interpretation of this Agreement shall be governed by the laws of the State of Tennessee. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. You hereby represent and warrant to the Company that you have authority to act hereunder on behalf of the several Underwriters, and any action hereunder taken by you will be binding upon all the Underwriters. If the foregoing is in accordance with your understanding of our agreement, please indicate your acceptance thereof in the space provided below for that purpose, whereupon this letter shall constitute a binding agreement between the Company and each of the several Underwriters. Very truly yours, SHOLODGE, INC. By:/s/ Richard L. Johnson Title: Executive Vice President Confirmed and accepted as of the date first above written. J.C. BRADFORD & CO., L.L.C. XXXX XXXXXXXH INCORPORATED Xxx xxxxxxxves and as Representatives of the several Underwriters By:Robert Doolittle Partner SCHEDULE I Principal Amount of Firm Underwriter Notes to Be Purchased J.C. Bradford & Co., L.L.C.. $17,500,000 Dain Bosworth Incorporated $17,500,000 TOTAL $35,000,000
Miscxxxxxxxxx a. All final decisions with respect to consultations, advice and services rendered by Consultant to the Company shall rest exclusively with the Company; b. This Agreement contains the entire agreement of the parties hereto and there are no representations or warranties other than those contained herein. Neither party may modify this Agreement unless the same is in writing and duly executed by both parties hereto; c. By signing this Agreement, the Company admits to have no prior knowledge of any pending S.E.C. or N.A.S.D. investigations into the trading of the securities of the Company or the activities of the Company;
Miscxxxxxxxxx. A. This Sublease is made in the State of New York and shall be governed by and construed under the laws thereof. This Sublease supersedes any and all other or prior understandings, agreements, covenants, promises, representations or warranties of or between the parties (which are fully merged herein). The headings in this Sublease are for purposes of reference only and shall not limit or otherwise affect the meaning hereof. Whenever necessary or appropriate, the neuter gender as used herein shall be deemed to include the masculine and feminine; the masculine to include the feminine and neuter; the feminine to include the masculine and neuter; the singular to include the plural; and the plural to include the singular. This Sublease shall not be binding upon Sublandlord for any purpose whatsoever unless and until Sublandlord has delivered to Subtenant a fully executed duplicate original hereof. The captions appearing in this Sublease have been inserted for convenience only and shall not control or affect or be deemed part of this Sublease or control or affect the meaning or construction of any of the terms, conditions or provisions hereof.
Miscxxxxxxxxx. Xxx xxxxxxxx xx xxxx Xxxxxxxxx are included for convenience of reference only and in no way define or limit any of the provisions hereof or otherwise affect their construction or effect. If any provision of this Agreement shall be held invalid by a court or regulatory agency decision, statute, rule, or otherwise, the remainder of this Agreement shall not be affected thereby. This Agreement shall be governed by Wisconsin law, provided, however, that nothing herein shall be construed in a manner inconsistent with the 1940 Act or any rule or regulation promulgated by the SEC thereunder. This Agreement constitutes the entire Agreement of the parties hereto.
Miscxxxxxxxxx x. Telephones, stationery, postage, e-mail, the internet and other resources made available to the Executive by the Company, are solely for the furtherance of the Company's business.
Miscxxxxxxxxx. Xxxx Agreement:
