Mxxxx'x. 17 Mortgage................................................................................................17
Mxxxx'x. 30 Mortgage ...............................................................................................30
Mxxxx'x. XXX mxxxxxxxxxxx.xxx MXXXXXX.XXXX MXXXXXXXXXXXXXXX.XXX MXXXXXXXXXXXXXXX.XXX MXXXXXXXXXXXXXXX.XXX MXXXXXXXXXXXXXX.XXX MXXXXXXXXXX.XXX MXXXXXXXXXXXXXXXXXX.XXX MXXXXXXXXXXXXX.XXX
Mxxxx'x. 24 MORTGAGE.....................................................................................................24
Mxxxx'x supervise and administer the Trust Account subject to the terms and conditions set forth herein;
Mxxxx'x. Xrax'x, Xxxxxxx's and Axxxxx'x xxxxxnsation may include options to xxxxxxse xxxxxx xf Assxxxxx'x capital stock (or such other securities as Assignee may choose), and (c) the terms pursuant to which such options will vest may be subject to Assignee meeting certain thresholds based on the sale of products that exploit or otherwise incorporate the p-MPA Technology. Notwithstanding the foregoing, Messrs. Hirschberg and Naimark jointly and severally on behalf of themselvex xxx xxxxr respective Related Persons (as defined herein) hereby acknowledge that they shall have no right to such compensation, and they each hereby fully and forever release and discharge Assignee and its Related Persons (collectively, the "Assignee Releasees"), from and against all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, obligations, claims and demands whatsoever, in law or equity, which against the Assignee Releasees Messrs. Hirschberg and Naimark or their respective heirs, executors, adminixxxxxxxx, succexxxxx xnd assigns ever had, now have or hereafter can, shall or may, have for, upon, or by reason of any matter, cause or thing whatsoever
Mxxxx'x. Mxxxx’x Investors Services, Inc. and any successor thereto. Multiemployer Plan. Any multiemployer plan within the meaning of §3(37) or 4001(a)(3) of ERISA or §414(f) of the Code maintained or contributed to by the Borrower, a Guarantor or any ERISA Affiliate. Net Income (or Deficit). With respect to any Person (or any asset of any Person) for any fiscal period, the net income (or deficit) of such Person (or attributable to such asset), after deduction of all expenses, taxes and other proper charges, determined in accordance with GAAP.
Mxxxx'x. XX Best-of-Breed Core Momentum ETF and Mxxxxx.XX SectorSurfer Momentum ETF will be added to Amended Schedule A. Amended Schedule A of the Agreement shall be superseded and replaced in its entirety by Amended Schedule A attached hereto. The Agreement, as amended, shall remain in full force and effect.
Mxxxx'x. Xxxxx LLP, as special Delaware counsel to the Republic Borrower and the New Borrower Parent;
Mxxxx'x. XXX, XXX, XXX, XXX, XXX, KJT and TGMS will be merged with and into Transit, and Transit shall be the surviving limited liability company (the AMerger@). The stock and/or membership interest of each of the Companies shall be converted as follows: