Issue Date The provisions of this Warrant shall be construed and shall be given effect in all respect as if it had been issued and delivered by the Company on the date hereof.
Issuance Date The person or persons in whose name or names any certificate representing shares of Common Stock is issued hereunder shall be deemed to have become the holder of record of the shares represented thereby as at the close of business on the date this Warrant is exercised with respect to such shares, whether or not the transfer books of the Company shall be closed.
Original Issue of Notes The Notes may, upon execution of this Supplemental Indenture, be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall, upon receipt of a Company Order, authenticate and deliver such Notes as in such Company Order provided.
Issue Date Comment Author FINAL 13/10/2020 Agreed OLA with the Component Provider Xxxxx Xxxxx Xxxx Xxxxxxxxx, Xxxxxxxx Xx Xxxxx v0.2 03/01/2022 Updated the host of the Component Provider and Section 7. Xxxxxxxx Xx Xxxxx v0.3 03/02/2022 Increased resources to run Spark on top of the cluster: 36 vCPU cores and 32GB of RAM Xxxxxxxx Xx Xxxxx v0.4 16/05/2022 Increased amount of allocated vCPU by 30% (from 104 to 136 vCPUs) Xxxxxxxxx Xxxx-Xxxxxx The EGI glossary of terms is available at: xxxxx://xxxx.xxx.xx/wiki/Glossary For the purpose of this Agreement, the following terms and definitions apply. The key words "MUST", "MUST NOT", "REQUIRED", "SHALL", "SHALL NOT", "SHOULD", "SHOULD NOT", "RECOMMENDED", “MAY", and "OPTIONAL" in this document are to be interpreted as described in RFC 2119. The Services 4 Service hours and exceptions 6 Support 7 Incident handling 7 Service requests 7 Service level targets 8 Limitations and constraints 8 Communication, reporting and escalation 9 General communication 9 Regular reporting 9 Violations 10 Escalation and complaints 10 Information security and data protection 10 Responsibilities 11 Of the Component Provider 11 Of the EGI Foundation 12 Of the Customer 12 Finance and Administration 12 Service Offers 12 Invoicing and Payment Schedule 12 Review, extensions and termination 13 The present Operational Level Agreement (“the Agreement”) is made between EGI Foundation (the Service Provider) and Department of Physics of Bari University X. Xxxx (owner with INFN of the ReCaS-Bari data centre) (the Component Provider) to define the provision and support of the provided services as described hereafter. Representatives and contact information are defined in Section 6. PolicyCLOUD1 aims to harness the potential of digitisation, big data and cloud technologies to improve the modelling, creation and implementation of policy. In three years (2020-2023) the project will address challenges faced by many businesses and public administrations of improving how they make policy decisions by accessing and using data. The Customer is a consortium represented by ATOS. This Agreement is valid from 01/08/2020 to 31/12/2022. The Agreement was discussed and approved by the EGI Foundation and the Component Provider on The Agreement extends the Resource Center OLA2 with the following information: Possible allocation types: ● Pledged - Resources are exclusively reserved to the Community and the job will be executed immediately after submission. ● Opportunistic - Resources are not exclusively allocated, but subject to local availability. ● Time allocation - Resources are available in fair share-like mode for a fixed time period. Possible payment mode offer: ● Sponsored - Model where the customer uses services that are funded, or co-funded by the European Commission or government grants. ● Pay-for-use - Model where a customer directly pays for the service used. The Services are defined by the properties summarised in the following table described in the below links: ● Cloud Compute: xxxxx://xxx.xxx.xx/services/cloud-compute/ 1 xxxxx://xxxxxxxxxxx.xx/ 2 xxxxx://xxxxxxxxx.xxx.xx/document/31 ● Online Storage: xxxxx://xxx.xxx.xx/services/online-storage/ Resource Centre: INFN-CLOUD-BARI Category: Cloud Compute Number of virtual CPU cores: 136 Memory per core (GB): 336 Local disk (GB): 40 Public IP addresses: Yes. Access to the VPN is also provided. Allocation type: Pledged Other technical requirements: The INDIGO-DataCloud PaaS orchestrator3 will be available on the same resources, without an additional cost. Payment mode offer: Pay-for-use4 Duration: 01/08/2020 - 31/12/2022 Resource Centre INFN-CLOUD-BARI Category Online Storage Guaranteed storage capacity [TB]: 2TB Opportunistic storage capacity [TB]: N/A Standard interfaces supported: POSIX/Object Storage Storage technology: N/A Other technical requirements: Additional 50-100GB of OpenStack Swift Storage will be made available, without an additional cost. 3 xxxxx://xxxxxx-xxxx.xxxxx.xx.xxxx.xx/ 4 See service offer for specifications (e.g. pricing, administration) Duration: 01/08/2020 - 31/12/2022 Payment ode offer: Pay-for-use Allocation type: Pledged Supported VOs: xx.xxxxxxxxxxx.xx VO ID card: xxxxx://xxxxxxxxxx-xxxxxx.xxx.xx/vo/view/voname/xx.xxxxxxxxxxx.xx VO-wide list: xxxxx://xxxxx.xxx.xx/store/vo/xx.xxxxxxxxxxx.xx Provider AUP link xxxxx://xxxxxxxxx.xxx.xx/document/2623 Service Offer/Cost [€] Compute 34,000€ Storage Free (included in the compute costs) Technical support 5,000€ Total 39,000€5 The Services are supported by additional services: ● Accounting6 ● Service Monitoring7 (EGI operational Virtual Organization only). Note: Please note that the following services are not provided by EGI Foundation: ● Monitoring of xx.xxxxxxxxxxx.xx. ● Monitoring of services provided by the Customer on agreed resources. IT services according to the service catalogue are in general delivered during 24 hours per day, 7 days per week (i.e. 365 days or 8,760 hours), to seamlessly support business operations. Planned and announced interruptions may reduce the effective operating time of a service.
ORIGINAL ISSUE OF DEBENTURES Debentures in the aggregate principal amount of up to $__________ may, upon execution of this Indenture, be executed by the Company and delivered to the Trustee for authentication, and the Trustee shall thereupon authenticate and make available for delivery said Debentures to or upon the written order of the Company, signed by its Chairman, its Vice Chairman, its President, or any Vice President and its Treasurer or an Assistant Treasurer, without any further action by the Company.
Additional Issuances of Notes Subject to clauses (ii), (iii), (iv) and (v) of Section 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A(2019-2) Notes, so long as the following conditions precedent are satisfied: (a) the Issuer shall have given the Indenture Trustee written notice of such issuance of additional Class A(2019-2) Notes (the “Notice of Additional Issuance”) at least one (1) Business Day in advance of the Issuance Date thereof, which notice shall include: (i) the Issuance Date of such additional Class A(2019-2) Notes; (ii) the amount of such additional Class A(2019-2) Notes being offered and the resulting Initial Dollar Principal Amount and Stated Principal Amount of Class A(2019-2) Notes; (iii) the date from which interest on such additional Class A(2019-2) Notes will accrue (which may be a date prior to the date of issuance thereof); (iv) the first Interest Payment Date on which interest will be paid on such additional Class A(2019-2) Notes; and (v) any other terms that the Issuer set forth in such notice of issuance of additional Class A(2019-2) Notes to clarify the rights of Holders of such additional Class A(2019-2) Notes or the effect of such issuance of additional Class A(2019-2) Notes on any calculations to be made with respect to the Class A(2019-2) Notes, the Class A Notes or the Issuer. All such terms shall be incorporated into and form a part of this Terms Document on and after the effective date of such Class A(2019-2) Notes; (b) no Class A(2019-2) Adverse Event has occurred and is continuing; and (c) either (i) the issuance of such additional Class A(2019-2) Notes would be treated as part of the same issue as the outstanding Class A(2019-2) Notes under Treasury Regulation Sections 1.1275-1(f)(1) or 1.1275-2(k) or (ii) such additional Class A(2019-2) Notes are not issued with “original issue discount” for purposes of Section 1273 of the Code. The Issuer shall not have to satisfy the conditions set forth in Section 310 of the Indenture in connection with an issuance of additional Class A(2019-2) Notes so long as such conditions were satisfied or waived in connection with the initial issuance of Class A(2019-2) Notes; provided, however, that the Issuer shall have to deliver to the Indenture Trustee a Master Trust Tax Opinion and an Issuer Tax Opinion with respect to such issuance.
Preference Issues If any Senior Secured Party is required in any Insolvency or Liquidation Proceeding or otherwise to disgorge, turn over or otherwise pay any amount to the estate of the Company or any other Grantor (or any trustee, receiver or similar Person therefor), because the payment of such amount was declared to be fraudulent or preferential in any respect or for any other reason, any amount (a “Recovery”), whether received as proceeds of security, enforcement of any right of setoff or otherwise, then the Senior Obligations shall be reinstated to the extent of such Recovery and deemed to be outstanding as if such payment had not occurred and the Senior Secured Parties shall be entitled to the benefits of this Agreement until a Discharge of Senior Obligations with respect to all such recovered amounts. If this Agreement shall have been terminated prior to such Recovery, this Agreement shall be reinstated in full force and effect, and such prior termination shall not diminish, release, discharge, impair or otherwise affect the obligations of the parties hereto. Each Second Priority Representative, for itself and on behalf of each Second Priority Debt Party under its Second Priority Debt Facility, hereby agrees that none of them shall be entitled to benefit from any avoidance action affecting or otherwise relating to any distribution or allocation made in accordance with this Agreement, whether by preference or otherwise, it being understood and agreed that the benefit of such avoidance action otherwise allocable to them shall instead be allocated and turned over for application in accordance with the priorities set forth in this Agreement.
Additional Issuances There are no outstanding agreements or preemptive or similar rights affecting the Company's common stock or equity and no outstanding rights, warrants or options to acquire, or instruments convertible into or exchangeable for, or agreements or understandings with respect to the sale or issuance of any shares of common stock or equity of the Company or other equity interest in any of the subsidiaries of the Company, except as described in the Reports or Other Written Information.
Note Exchangeable for Different Denominations This Note is exchangeable, upon the surrender hereof by the Holder at the principal office of the Company, for a new Note or Notes (in accordance with Section (4)(d)) representing in the aggregate the outstanding Principal of this Note, and each such new Note will represent such portion of such outstanding Principal as is designated by the Holder at the time of such surrender.
Initial Notes On the Issue Date, there will be originally issued four hundred million dollars ($400,000,000) aggregate principal amount of Notes, subject to the provisions of this Indenture (including Section 2.02). Notes issued pursuant to this Section 2.03(A), and any Notes issued in exchange therefor or in substitution thereof, are referred to in this Indenture as the “Initial Notes.”