Separate Instruments. DEVELOPER agrees to dedicate all easements identified in Exhibit B by separate instruments rather than relying upon the Final Plat.
Separate Instruments. The parties to this Warrant agree to treat the Warrant and any Notes (as such term is defined in the Indenture) as separate instruments for United States federal income and state and local income tax purposes, and shall not file any tax return or take any position that is inconsistent with such treatment, unless otherwise required by a tax authority or a closing agreement.
Separate Instruments. This service will be performed per request without necessitating a change order at $1,800.00 (ONE THOUSAND EIGHT HUNDRED DOLLARS), per easement description (Metes and Bounds) with accompanying exhibit (together at the same time), plus any applicable state sales tax. We propose to provide the above-described services, subject to the Terms and Conditions below, on a per requested easement description (Metes and Bounds) with accompanying exhibit basis: Approximate Estimated Total of Separate Instruments: 40 Easements Approximate Estimated Total Cost for Separate Instruments: $72,000.00 Delineated easement configuration(s) in AutoCAD
Separate Instruments. The Company agrees and by purchasing a tMEDS, each Beneficial Owner agrees and each Holder agrees for all purposes, including for United States and Canadian federal income tax purposes, to treat:
(1) a tMEDS as an investment unit composed of two separate instruments, in accordance with its form;
(2) the Notes as indebtedness of the Company; and
(3) in the case of each Beneficial Owner acquiring the tMEDS at original issuance, allocate the Stated Amount of each tMEDS between the Purchase Contract and Note so that such Beneficial Owner’s initial tax basis in each Purchase Contract will be $20.924688 and each such Beneficial Owner’s initial tax basis in each Note will be $4.075312.
Separate Instruments. The Company and the Holder acknowledge that the Company has issued, is issuing or has agreed or proposes to issue convertible promissory notes on or around the date of the Investment Agreement comprising the 2027 Convertible Notes (as may be further divided and transferred from time to time subject to the restrictions set forth in the Investment Agreement). For the avoidance of doubt, the Company and the Holder acknowledge and agree that: (a) this Note shall constitute a separate instrument from other 2027 Convertible Notes; (b) the rights and obligations of the Company and the Holder hereunder (including without limitation the exercise thereof and compliance therewith) shall be separate and independent from the rights and obligations contained in other 2027 Convertible Notes; and (c) the provisions of this Note shall be read and interpreted without reference to, any and all such other 2027 Convertible Notes and any and all new notes reissued by the Company to transferees upon transfer of this Note at the written request of the Holder in accordance with Section 12. In witness whereof the Company has caused this Note to be executed and delivered as a deed poll. THIS DEED is delivered on this ____ day of _______, 2022. The COMMON SEAL of ) VNET GROUP, INC. ) was affixed in the presence of: )
Section 1.1 Application of Rights 1 Section 1.2 Demand Registration 2 Section 1.3 Piggyback Registration 3 Section 1.4 Form F-3 or Form S-3 Registration 5
Section 2.1 Expenses 8 Section 2.2 Obligation of the Company 8 Section 2.3 Other Obligations of the Company 10 Section 2.4 Furnish Information 11 Section 2.5 Rule 144 Reporting 11 Section 2.6 Re-sale Rights 11
Section 3.1 Indemnification by Company 12 Section 3.2 Indemnification by Holders 12 Section 3.3 Notification 13 Section 3.4 Contribution 14
Separate Instruments. The Forbearance Agreement and the Debt -------------------- Instruments are separate instruments and may be negotiated by Secured Parties pursuant to the terms thereof (but subject to the terms of the Forbearance Agreement) without releasing the Debtors, the Collateral, or any guarantor or co-maker. Debtors consent to any extension of time of payment or other modification.
Separate Instruments. The Company and the Purchaser acknowledge that the Company has issued, is issuing or has agreed or proposes to issue convertible promissory notes to other Persons pursuant to convertible note purchase agreements entered into with the Company on or around the date of the Convertible Note Purchase Agreement. For the avoidance of doubt, the Company and the Purchaser acknowledge and agree that: (a) this Note shall constitute a separate instrument from; (b) the rights and obligations of the Company and the Purchaser hereunder (including without limitation the exercise thereof and compliance therewith) shall be separate and independent from the rights and obligations contained in; and (c) the provisions of this Note shall be read and interpreted without reference to, any and all such other convertible promissory notes and any and all new notes reissued by the Company to transferees upon Transfer of this Note at the Purchaser’s written request in accordance with Section 14. In witness whereof the Company has caused this Note to be executed and delivered as a deed poll. THIS DEED is delivered on 2020. The COMMON SEAL of ) 21VIANET GROUP, INC. ) was affixed in the presence of: )
SCHEDULE 1 Adverse Persons
1. GDS Holdings Ltd. (“GDS”) and its Subsidiaries.
2. Any shareholder of GDS holding 5% or more of its outstanding share capital (on an as-converted to ordinary shares basis).
3. ChinData Group and its Subsidiaries.
4. Xxxx Capital, LP and its Subsidiaries, but excluding any portfolio companies.
Separate Instruments. The parties to this Global Warrant and each Beneficial Owner agree to treat the Global Warrant and any Notes (as such term is defined in the Indenture) as separate instruments for United States federal income and state and local income tax purposes, and shall not file any tax return or take any position that is inconsistent with such treatment, unless otherwise required by a tax authority or a closing agreement.
Separate Instruments. Notwithstanding that each of the Guarantors is a party to this Agreement, each of the Guarantied Obligations of each Guarantor under this Section 10 shall be deemed to be contained in a separate instrument and any invalidity or unenforceability of this Agreement in respect of any Guarantor shall have no effect on the validity or enforceability of this Agreement in respect of the other Guarantors.
Separate Instruments. The Company and the Holder acknowledge that the Company has issued, is issuing or has agreed or proposes to issue convertible promissory notes on or around the date of the Investment Agreement comprising the 2027 Convertible Notes (as may be further divided and transferred from time to time subject to the restrictions set forth in the Investment Agreement). For the avoidance of doubt, the Company and the Holder acknowledge and agree that: (a) this Note shall constitute a separate instrument from other 2027 Convertible Notes; (b) the rights and obligations of the Company and the Holder hereunder (including without limitation the exercise thereof and compliance therewith) shall be separate and independent from the rights and obligations contained in other 2027 Convertible Notes; and (c) the provisions of this Note shall be read and interpreted without reference to, any and all such other 2027 Convertible Notes and any and all new notes reissued by the Company to transferees upon transfer of this Note at the written request of the Holder in accordance with Section 12. In witness whereof the Company has caused this Note to be executed and delivered as a deed poll. THIS DEED is delivered on this ____ day of _______, 2022. The COMMON SEAL of ) VNET GROUP, INC. ) was affixed in the presence of: )
