Sxxxxxxx. The foregoing is a fair and accurate English translation of the referenced document. Metrika Systems Corporation /s/ Jonaxxxx X. Xxxxxxx ----------------------------------- Treasurer CONTRACT BETWEEN LENDER Nicolet Instrument GmbH Senefelderstr. 162 63069 Offenbach BORROWER Thermo Instrument Systems GmbH Frauxxxxxxxxxx Xxx. 00 00000 Xxxxxxxx Xxnditions of Loan between Nicolet Instrument GmbH, Offenbach, and Thermo Instrument Systems GmbH, Erlangen: Amount: DM 1,000,000.00 Account: 8202000 Bank: Commerzbank Erlangen Date: October 1, 1995 Monthly: Monthly Demand Note Notice: Notice Demand 8 days before end of any month Floating Interest Rate: 0.1% below Commerzbank Lending Rate Interest payment: Monthly Offenbach, October 1, 1995 Nicolet Instrument GmbH Thermo Instrument Systems GmbH /s/ Heinx Xxxrx /s/ H. Sxxxxxxx
Sxxxxxxx. Loop & Kxxxxxxx, LLP is entitled to rely on this certificate in connection with the opinions it is rendering pursuant to the Agreement. All capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Agreement.
Sxxxxxxx. The foregoing is a fair and accurate English translation of the referenced document.
Sxxxxxxx. The Okun Parties shall secure their timely obligation to pay the Exercise Price with all of the shares of Montauk securities held by Ownership I and Ownership II on the date hereof (the "Okun Securities"), and the Convertible Xxxenture or Convertible Preferred Stock, as defined below (collectively, the "Security"). Montauk shall have a first priority lien on the Security until the complete fulfillment of the Put obligations by the Okun Parties.
Sxxxxxxx. Xxe Contractor agrees that he will at all times comply with all security regulations in effect from time to time at the Company's premises or applicable outside such premises to materials belonging to the Company. The Contractor agrees not to use or disclose to any party any information, systems, equipment, ideas, processor or methods of operation observed in connection with the performance of his obligations hereunder.
Sxxxxxxx. Xx secure the payment of this Note, Maker and Holder are executing the Security Agreement and Holder is filing a UCC-1 Financing Statement, which perfects Holder’s security interest in all of the assets of only the Maker’s business acquired from Holder under the Asset Purchase Agreement known as SEC Compliance or SEC Compliance, Inc.
Sxxxxxxx. By -------------------------------- M. J.
Sxxxxxxx. The Borrower or Sxxxxxxx shall reimburse such Issuing Bank prior to 10:00 a.m. (San Francisco time), on each date that any amount is paid by such Issuing Bank under any Letter of Credit (each such date, an "Honor Date"), in an amount equal to the amount so paid by such Issuing Bank. In the event the Borrower or Sxxxxxxx fails to reimburse such Issuing Bank of any Letter of Credit for the full amount of any drawing under such Letter of Credit by 10:00 a.m. (San Francisco time) on the Honor Date, such Issuing Bank will promptly notify the Agent and the Agent will promptly notify each Bank thereof, and the Borrower shall be deemed to have requested that Base Rate Loans be made by the Banks to be disbursed on the Honor Date under such Letter of Credit, subject to the conditions set forth in Section 5.02 (including, without limitation, the condition that no Insolvency Proceeding shall have been commenced by or against the Borrower or Sxxxxxxx on the Honor Date). Any notice given by an Issuing Bank or the Agent pursuant to this subsection 3.03(c) may be oral if immediately confirmed in writing (including by facsimile); provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Sxxxxxxx. Sxxxxxxx represents and warrants that he has (i) the authority to execute, deliver and perform its obligations under this Agreement and (ii) owns all right, title and interest in and to the QDR and has all rights necessary to license the third party content provided to the Music1 hereunder.