Preamble and Recitals. The preamble and recitals set forth above are hereby incorporated into and made a part of this Agreement.
Preamble and Recitals. The Parties acknowledge the accuracy and correctness of the preamble and recitals hereto and such preamble and recitals are hereby incorporated by reference as if set forth herein at length.
Preamble and Recitals. The Preamble and Recitals of the Guaranty are hereby amended by deleting them in their entirety and replacing them with the Preamble and Recitals of this Amendment as set forth above.
Preamble and Recitals. The Preamble and Recitals of the Security Agreement are hereby amended by deleting them in their entirety and replacing them with the Preamble and Recitals of this Amendment as set forth above.
Preamble and Recitals. The preamble and recitals hereinabove set forth are incorporated herein and made a part hereof.
Preamble and Recitals. This Settlement Agreement is made and entered into this 17th day of May, 2018, by, and among the Plaintiffs in the Actions (as defined below) on behalf of themselves and in their capacity as designated representatives of the Class (as defined below), by and through their counsel, and Toyota Canada Inc., (hereinafter “Toyota”) by and through their counsel providing for the settlement of all claims in Canada (including the Territories) arising from, without limitation, the design, manufacture, marketing, sale and distribution of certain Toyota vehicles that allegedly lack adequate rust protection on the vehicles’ frames, allegedly resulting in premature rust corrosion;
Preamble and Recitals. 1.1.1. The Preamble shall be amended to read in its entirety as follows: This Monitoring and Management Services Agreement (this “Agreement”) is made as of December 26, 2007, by and between Chicken Acquisition Corp., a Delaware corporation (the “Company”), Trimaran Fund Management, L.L.C., a Delaware limited liability company (“Trimaran” or the (“Original Advisor” ) and Fxxxxxx Xxxxxx & Co. V, L.P., a Delaware limited partnership (“FS” and FS, together with Trimaran, each an “Advisor” and together the “Advisors”).
1.1.2. The Recitals to the Agreement shall be amended as follows: Each instance of the term “Advisor” in the recitals to the Agreement shall be amended to read “Original Advisor.” Each instance of the term “Advisor” in the body of the Agreement shall be amended to read “Advisors,” with such corresponding and confirming changes as may be necessary.
Preamble and Recitals. Xxxxx is currently the President and Chief Executive Officer of Versant and also currently serves as Managing Director of Versant Germany. The Parties desire to set forth in this Agreement the terms and conditions on which Xxxxx will serve as (i) an officer and employee of Versant and (ii)
Preamble and Recitals. (a) The preamble to the Financing Agreement is hereby amended and restated in its entirety as follows: FINANCING AGREEMENT, dated as of June 11, 2002, by and among Value City Department Stores, Inc., an Ohio corporation ("Value City"), Shonac Corporation, an Ohio corporation ("Shonac"), DSW Shoe Warehouse, Inc., a Missouri corporation ("DSW"), Gramex Retail Stores, Inc., a Delaware corporation ("Gramex"), Filene's Basement, Inc., a Delaware corporation ("Filene's"), GB Retailers, Inc. a Delaware corporation ("GB"), Value City Limited Partnership, an Ohio limited partnership ("VCLP"), Value City of Michigan, Inc., a Michigan corporation ("VC Michigan", and together with Value City, Shonac, DSW, Gramex, Filene's, GB and VCLP, each a "Borrower" and collectively, the "Borrowers"), certain affiliates of the Borrowers party hereto as guarantors (each a "Guarantor" and collectively, the "Guarantors"), the lenders from time to time party hereto (each a "Lender" and collectively, the "Lenders") and Cerberus Partners, L.P., a limited partnership formed under the laws of the State of Delaware ("CP"), as agent for the Lenders (in such capacity together with its successors and assigns, the "Agent").
(b) The recitals to the Financing Agreement are hereby amended by deleting the words "the Parent" contained therein and substituting the words "Value City" therefor.
Preamble and Recitals. 1.1. This Master Software License and Services Contract (“Contract”), effective on the date of last signature (“Effective Date”) is made between Softphone International Limited., a company registered in England with company number 11258237, whose registered office is at 00 Xxxxxxxx Xxxxxx, Xxxxxxxx Xxxxxxx Xxxxxxxxxx (XX), or one of its Affiliates (a company, whether incorporated or not, which owns, directly or indirectly, a majority interest in either party - “Parent” - or a company, whether incorporated or not, in which a fifty percent or greater interest is owned, either directly or indirectly, by Parent or the party and is operated or managed by Parent), hereinafter Supplier/Licensor, and the “Client/Licensee” being the entity named on the signature block below.
1.2. The provisions of this Contract shall apply to all Orders issued by Client for Licensed Software, Maintenance and Support Services or Professional Services and all Service Orders executed by the parties.
