Xxxx and Xxxxxx X. Caudal as its true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution for the Depositor or in the Depositor's name, place and stead, in any and all capacities, to sign any and all amendments (including all pre-effective and post-effective amendments) to the 1933 Act Registration Statement and any 1934 Act Registration Statement and to file the same, with all exhibits thereto, and any other documents in connection therewith, with the Commission, granting unto said attorney-in-fact and agent full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection therewith, as fully to all intents and purposes as the Depositor might or could do in person, hereby ratifying and confirming all that said attorney-in-fact and agent or his respective substitute or substitutes, shall do or cause to be done by virtue hereof.
Xxxx and Xxxxxx X. Xxxxxxx shall have executed and delivered to the Company and Parent an Employment Agreement in the form of Exhibit B providing for such salaries and severance benefits and specify the number of Parent Shares that will be subject to options held by such person as are specified for such person in Schedule 6.2(h), and all such Employment Agreements shall be in full force and effect.
Xxxx and Xxxxxx X. Xxxxxx, and each of them, his, her or its, as the case may be, true and lawful attorneys-in-fact, and agents, with full power of substitution and resubstitution, for the Sponsor or such Trustee and in the Sponsor's or such Trustee's name, place and stead, in any and all capacities, to sign and file (i) any and all amendments (including post-effective amendments) to the 1933 Act Registration Statement and the 1934 Act Registration Statement with all exhibits thereto, and other documents in connection therewith, and (ii) a registration statement, and any and all amendments thereto, relating thereto filed pursuant to Rule 462(b) under the Securities Act of 1933, as amended, with the Commission, granting unto said attorneys-in-fact and agents full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection therewith, as fully to all intents and purposes as the Sponsor or such Trustee might or could do in person, hereby ratifying and confirming all that said attorneys-in-fact and agents or any of them, or their or his or her substitute or substitutes, may lawfully do or cause to be done by virtue hereof.
Xxxx and Xxxxxx X. Xxxxxxxxx, pursuant to which each party (other than the Company) agrees (i) to vote any and all of their respective Shares (and to cause all Shares held by any of their Affiliates to be voted) in favor of the issuances of the Offered Shares in the Rights Offering and the issuance of the Investor Shares to each of the Investors, as contemplated hereby and (ii) that such party will not transfer, sell or dispose of, and will cause his affiliates not to transfer, sell or dispose of, any Shares prior to the date that is thirty (30) days following the earlier of (i) the Closing Date and (ii) the Termination Date.
Xxxx and Xxxxxx X. Xxxxxx are attorneys with the law firm of Xxxxxxx & Xxxx, L.L.C. and counsel clients on the acquisition, financing and operation of corporate jets operated under Part 91 and Part 135 of the Federal Aviation Regulations. Xxxxxxx & Xxxx, L.L.C. can be found at xxx.xxxxxx.xxx.
Xxxx and Xxxxxx X. Xxxxxxxx (the "Joinder Parties") hereby join in the execution of this Agreement for the purpose of agreeing that they will vote all of their personally owned and controlled interests in the Property Owners or in entities directly or indirectly owning interests in the Property Owners in favor of the Transaction.
Xxxx and Xxxxxx X. Xxxx Descendants Trust. The above-referenced stock shall be free and clear of all liens and encumbrances except Permitted Liens.
Xxxx and Xxxxxx X. Xxxx. The initial Fiserv–appointed members of the Management Committee shall be Xxxxxxx X. Xxxx, Xxxx X. Xxxxxxx, and Xxxx X.
Xxxx and Xxxxxx X. Xxxxxxxx wish to form a group for the purpose of seeking representation on the Board of Directors of the Company (the “Board”) at the 2018 annual meeting of stockholders of the Company (including any other meeting of stockholders held in lieu thereof, and any adjournments, postponements, reschedulings or continuations thereof, the “2018 Annual Meeting”) and for the purpose of taking all other action necessary to achieve the foregoing. NOW, IT IS AGREED, this 4th day of April 2018 by the parties hereto:
Xxxx and Xxxxxx X. Xxxxxxx resigned as an officer and as a director of the Company and Xxxx-Xxxx Xxxxx resigned as a director of the Seller, effective March 8, 1999; (vi) the joint venture between the Seller and the Purchaser terminated, effective March 8, 1999, and neither the Seller nor the Purchaser has any obligation to the other respecting such joint venture, including without limitation obligations under that certain joint venture contract between the Purchaser and the Seller dated June 1993 and any amendments thereto (collectively, the "Joint Venture Agreement"); (vii) the Purchaser has paid to the Seller a $164,000 Transition fee to compensate the Seller for unaccountable expenses and costs associated with the transition of business contemplated by the parties; and (viii) the Seller and the Purchaser agreed to certain transitional relationships prior to and subsequent from July 30, 1999, which relationships shall be the subject of a separate services agreement (the "Services Agreement") to be negotiated in good faith by the Seller and the Purchaser between the Closing Date (as defined below) and July 30, 1999;