Xxxxx Bros is a broker-dealer registered with the NASD and possesses adequate certificates, authorities, licenses, consents, approvals, permits and other authorizations to provide the Services.
Xxxxx Bros acknowledges that ARB has complied with Senate Xxxx 1402 in prosecuting or settling this case. Specifically, ARB has considered all relevant facts, including those listed at HSC § 43024, has explained the manner in which the penalty amount was calculated, has identified the provision of law under which the penalty is being assessed and has considered and determined that this penalty is being assessed under a provision of law that prohibits the emission of pollutants at a specified level.
Xxxxx Bros shall comply with the following options to attend the CCDET II class (Diesel Exhaust After Treatment and Maintenance), described on the ARB’s webpage xxxx://xxx.xxx.xx.xxx/enf/hdvip/ccdet/ccdet.htm. This class is conducted by various California Community Colleges and instructs attendees on California’s emission regulations and the proper care and maintenance of diesel exhaust after-treatment systems (XXXXX).
Xxxxx Bros shall have the fleet maintenance manager (or equivalent) and all staff responsible for maintenance of XXXXX attend the CCDET II class. Proof of CCDET II completion shall be provided to ARB within six months of the date of this Agreement and also be maintained in each applicable employee’s file for the term of his or her employment.
Xxxxx Bros. Corporation., a Delaware corporation (the "Issuer"), promises to pay interest on the principal amount of this Note at 8.875% per annum until maturity and shall pay Special Interest, if any, as provided in Section 4 of the Registration Rights Agreement. The Issuer shall pay interest semi-annually on February 1 and August 1 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each an "Interest Payment Date"). Interest on the Notes shall accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided, however, that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided, further, that the first Interest Payment Date shall be February 1, 2003. The Issuer shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest shall be computed on the basis of a 360-day year of twelve 30-day months.
Xxxxx Bros. Investments II, L.P. shall be deemed to be a “Purchaser” under the Note Purchase Agreement and hereunder.
Xxxxx Bros will issue a press release in connection with Witcosky’s disassociation from Xxxxx Bros. in the form annexed hereto as Exhibit A.
Xxxxx Bros represents that it is current in its filings with the SEC under the Exchange Act and Xxxxx Bros. will continue to be current with such filings until the earlier of such time as (a) Xxxxx Bros. is no longer subject to the reporting requirements of the Securities Act and the Securities Exchange Act or (b) Witcosky is eligible to sell shares of Xxxxx Bros. common stock free of restrictions under Rule 144(k) of the Securities Act (“Rule 144(k)”). In the event of a proposed sale by Witcosky of Xxxxx Bros. common stock, in accordance with Rule 144 of the Securities Act, Xxxxx Bros. will cause its attorneys to provide customary opinion letters to its transfer agent to enable such transfer to occur within a reasonable period of time after request by Witcosky and/or his broker. At such time as Witcosky becomes eligible to sell shares of Xxxxx Bros. common stock free of restrictions under Rule 144(k), upon request by Xxxxxxxx, Xxxxx Bros. will take such actions as shall be necessary, including causing its attorneys to provide an opinion letter to its transfer agent to remove any stop transfer orders relating thereto, within a reasonable period of time after such request. The obligations of Xxxxx Bros. pursuant to this Paragraph 8 shall terminate upon the removal of all legends and stop transfer orders relating to Witcosky’s shares of Xxxxx Bros. common stock or the sale of all of his shares of Xxxxx Bros. common stock, whichever shall first occur.
Xxxxx Bros. ADVISORS LP /s/ Xxxxxxxxx X. Xxxxxx ________________________________________ By: Xxxxxxxxx X. Xxxxxx, Chief Financial Officer 667, L.P. BY: XXXXX BROS. ADVISORS LP, management company and investment adviser to 667, L.P., pursuant to authority granted to it by Xxxxx Biotech Capital, L.P., general partner to 667, L.P., and not as the general partner. /s/ Xxxxx X. Xxxxxxx ________________________________________ Xxxxx Xxxxxxx President XXXXX BROTHERS LIFE SCIENCES, L.P. By: XXXXX BROS. ADVISORS LP, , management company and investment adviser to Xxxxx Brothers Life Sciences, L.P., pursuant to authority granted to it by Xxxxx Brothers Life Sciences Capital, L.P., general partner to Xxxxx Brothers Life Sciences, L.P., and not as the general partner. /s/ Xxxxx X. Xxxxxxx _______________________________________________ Xxxxx Xxxxxxx President Schedule A Fund 667, X.X. Xxxxx Brothers Life Sciences, L.P. Total Loan $ 7,038.43 $ 47,825.10 $ 54,863.53
Xxxxx Bros maintains the Xxxxx Bros. Corporation Employees' Retirement Income Plan (the "Pension Plan"), a qualified defined benefit pension plan under Sections 401(a) and 501(a) of the Internal Revenue Code of 1986, as amended (the "Code"), for certain employees of Xxxxx Bros.
