NTD. To be selected based on whether applicable termination was “in connection with an exit incentive or other employment termination program” (as such phrase is defined in the Age Discrimination in Employment Act of 1967).
NTD. If applicable, to be inserted based on Buyer’s evaluation of a Seller Parent Guarantor’s credit as of the Effective Date.
NTD. This draft assumes the Project will include a XXXX. The XXXX provisions will be deleted if the transaction will not include a XXXX component.
NTD. Insert the city, town, or locality and the county where the Project is located. consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties, intending to be legally bound, do hereby agree as follows:
NTD. Based on the results of due diligence conducted by or for Buyer, Buyer may require other items to be in place prior to execution of this Agreement.
NTD. Use 45 days in a group termination, and include information regarding terminated positions. 2 NTD: Include if the Executive is age 40 or older at the time of termination.
NTD. Xxxxx’s preference is for all the component parts of this definition (i.e., “Owned Real Property,” “Leased Real Property,” and “Easements”) to have been obtained by Seller, or be under Seller’s control, as of the Effective Date. The Agreement generally assumes that those component parts have been so obtained. Some projects may not be developed to the point where the “Owned Real Property,” “Leased Real Property,” and “Easements” have been obtained by Seller, or are under Seller’s control, by the Effective Date. For those transactions, the representations and warranties, the timing around the title commitment, and other provisions of the Agreement related to the component parts will or may require modification. Additional refinements to the Agreement’s real property provisions may be necessary depending on the underlying facts.
NTD. 1.2% of expected outstanding shares post-Closing.
NTD. CTA grower component of basket to be set to corresponding percentage after “fresh start accounting.”
NTD. For the avoidance of doubt, the Issuer and the Second Lien Guarantors will also be required to be First Lien Guarantors.
