RECITALS/AGREEMENT Sample Clauses

RECITALS/AGREEMENT. (a) At the request of the "Company", the Indemnified Party currently serves as a director, officer or manager of the Company (as defined below), or in a combination of these positions. As such, Indemnified Party may be subjected to claims, suits or proceedings.
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RECITALS/AGREEMENT. 5.3(k)(i) Domain Names ...................................... 3.18(n)(x) Company Acquisition Proposal ............... 5.3(k)(ii) DOJ ............................................................... 5.6(d) Company Adverse Recommendation Effective Time .................................................. 1.3 Change .......................................................... 5.3(d) Enforceability Limitations ............................ 3.3(a) Company Board ............................................ 2.3(d) Environmental Laws ............................... 3.13(b)(i) Company Book-Entry Shares ........................... 8.3
RECITALS/AGREEMENT a. At the request of Xxxxxx Dental Management Services, Inc. (the "Company"), the signatory hereto (the "Indemnified Party") currently serves as a director, officer or manager of the Company (as defined below), or in a combination of these positions. As such, Indemnified Party may be subjected to claims, suits or proceedings.
RECITALS/AGREEMENT. (a) At the request of the Corporation, Xxxxxxxxx currently serves as a director and/or officer (as defined below) of the Corporation.
RECITALS/AGREEMENT. (a) At the request of the Corporation, ***** currently serves as a director and/or officer (as defined below) of the Corporation.
RECITALS/AGREEMENT. (a) At the request of Exabyte Corporation (the “Company”), the signatory hereto (the “Indemnified Party”) currently serves as a director, officer or manager of the Company (as defined below), or in a combination of these positions. As such, Indemnified Party may be subjected to claims, suits or proceedings.
RECITALS/AGREEMENT. The Account Owner appoints Property manager to provide the services listed in this agreement and the Property Manger accepts such appointment. The Account Owner and Property Manager agree that the Property Manager is the Property Manager of the Account Owner, and not of Directed Trust Company. The Account Owner acknowledges that Directed Trust Company has not advised the Account Owner with respect to the selection of a Property Manager. The Account Owner agrees that he or she has sole responsibility, and not Directed Trust Company for the selection, retention, termination and monitoring of the Property Manager. The Account Owner and Property Manager agree that Directed Trust Company has a limited role in its capacity as Custodian of the Account and hereby agree that Directed Trust Company will not be responsible for any of the Property Manager’s duties or for the enforcement of this agreement. Account Owner hereby designates the individual or entity identified above as Property Manager for the property identified on this form. By signing below, Account Owner and Property Manager, agree to and acknowledge the following: • The Property Manager is a third party to this transaction (i.e., not the Account Owner or renter) • A spouse or other disqualified person, appointed as Property Manager, will not be compensated for managing the property. • The Property Manager agrees to comply with all local, state and federal property management laws while acting as Property Manager. • The Property Manager will send all payments received to Directed Trust Company for deposit into Account Owner’s retirement account. • The Property Manager will retain records for all parties. Records include but are not limited to: rental payment history (funds received from renters and any funds dispersed by the Property Manger to cover expenses), bank statements, and rental/lease agreements. Upon request, the Property Manager will provide a full accounting of these records to the Account Owner or Directed Trust Company. • The Property Manager will provide notification to Directed Trust Company and Account Owner in the event of default and coordinate eviction proceedings as directed and approved by the Account Owner. • The Property Manager will contact billing parties to ensure bills are forwarded to the address of the Property Manager. • The Property Manager will ensure all expenses related to the property are paid according to the percentage of ownership. Please note electronic signature...
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Related to RECITALS/AGREEMENT

  • RECITALS A Upon consummation of the transactions contemplated by the Agreement and Plan of Merger, dated as of November 25, 1997 by and among X.X. Childs Equity Partners, L.P., a Delaware limited partnership, UHS Acquisition Corp., a Minnesota corporation, and Universal Hospital Services, Inc., a Minnesota corporation (the "Acquisition Agreement"), and of certain related transactions to be consummated concurrently therewith, the Stockholders (as hereinafter defined) will own (and may hereafter acquire) certain shares of Common Stock (as hereinafter defined) and certain options, warrants, securities and other rights to acquire from the Company, by exercise, conversion, exchange or otherwise, shares of Common Stock or securities convertible into Common Stock. B. All of the Stockholders desire to enter into this Agreement for the purpose of regulating certain aspects of the Stockholders' relationships with one another and with the Company. AGREEMENT In consideration of the premises and the mutual promises, representations, warranties, covenants and conditions set forth in this Agreement, the parties to this Agreement mutually agree as follows: ARTICLE I

  • Recitals Incorporated; Definitions The foregoing recitals are true and correct and by this reference are incorporated herein. All capitalized terms not otherwise defined herein shall have the meanings set forth in the Agreement.

  • Recitals, Schedules and Exhibits The Recitals, Schedules and Exhibits to this Agreement are incorporated herein and, by this reference, made a part hereof as if fully set forth herein.

  • RECITALS WHEREAS the Lessor is the registered owner of the Vehicle, WHEREAS, the Lessor is desirous of leasing the Vehicle to the Lessee on such terms as are set out in this Vehicle Lease Agreement (the Agreement”) and the Lessee is desirous of leasing the Vehicle from the Lessor on said terms, WHEREAS, this Agreement is a lease-only and Lessee will have no right, title, or interest in or to the Vehicle except for the use of the Vehicle as described in this Agreement, WHEREAS, this Agreement shall be treated as a true lease for federal and applicable state income tax purposes with Lessor having all benefits of ownership of the Vehicle, NOW, THEREFORE, IT IS HEREBY AGREED as follows: 2.

  • Existing Agreement Except as expressly amended herein, the Credit Agreement shall remain in full force and effect, and in all other respects is affirmed.

  • Agreement Preamble Ancillary Agreements Section 4.4(a) Associate Section 8.11 Business Recitals CFC Section 4.17(f) Closing Section 3.1 Closing Date Section 3.1 Code Section 4.17(f) Company Preamble Company Intellectual Property Section 4.8(a) Company Owned Intellectual Property Section 4.8(b) Consideration Shares Section 2.2 Constitutional Documents Section 4.4(a) Conversion Shares Section 2.5 Disclosure Schedule Section 4 Domestic Company Preamble Equity Value of the Company Section 2.3(i) FCPA Section 4.19 HKIAC Section 9.17(b) HK Subsidiary Preamble Indemnitee Section 9.1(a) Indemnifiable Loss Section 9.1(a) Investor Preamble Investor’s Partners Section 8.17(b) Key Employee Section 4.22 Key Holders Preamble Lease Section 4.7(b) Licenses Section 4.8(e) Management Founder Preamble Management Founder Holdco Preamble Market Capitalization of Xunlei Section 2.3(ii) Material Adverse Effect Section 4.1 Material Contract Section 4.9 OFAC Section 4.18(a) OFAC Sanctions Section 4.18(a) OFAC Sanctioned Person Section 4.18(b) Ordinary Shares Section 2.5 Personal Information Section 4.30 PFIC Section 4.17(g) Public Software Section 4.8(g) Purchased Shares Section 2.1 Restriction Period Section 8.11 Restricted Share Agreement Section 6.1(f) SDN List Section 4.18(b) Secretary Section 4.18(a) Series D Investor(s) Recitals Series D Preferred Shares Recitals Series D Special Redemption Section 8.24 Series D Special Redemption Shareholder Section 8.24 Special Redemption Consideration Shares Section 8.24 Special Redemption Price Section 8.24 Subpart F Income Section 8.17(b) Transaction Documents Section 4.4(a) UNCITRAL Rules Section 9.16(b) United States Person Section 4.18(c) WFOE Preamble Xunlei Group Section 8.5(b)

  • Incorporation of Recitals and Exhibits The Recitals and each exhibit attached hereto are hereby incorporated herein by reference.

  • Recitals and Schedules References to this Agreement include the recitals and schedules which form part of this Agreement for all purposes. References in this Agreement to the Parties are references respectively to the Parties and their legal personal representatives, successors and permitted assigns.

  • Recitals; Definitions The foregoing recitals, including all terms defined therein, are incorporated herein and made a part hereof. All capitalized terms used but not otherwise defined herein have the meanings given such terms in the Loan Agreement.

  • Recitals Incorporated The recitals of this Agreement are incorporated herein and made a part hereof.

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