XXXXX, INC. Case No. 7:18-cv-11760 The Xxxxxxxxx Xxxxxxx X. Karas, United States District Court, Southern District of New York (October 2, 2019): The Court finds that the form, content, and method of giving notice to the Class as described in Paragraph 9 of this Order: (a) will constitute the best practicable notice; (b) are reasonably calculated, under the circumstances, to apprise the Settlement Class Members of the pendency of the Action, the terms of the Proposed Settlement, and their rights under the Proposed Settlement, including but not limited to their rights to object to or exclude themselves from the Proposed Settlement and other rights under the terms of the Settlement Agreement; (c) are reasonable and constitute due, adequate, and sufficient notice to all Settlement Class Members and other persons entitled to receive notice; and (d) meet all applicable requirements of law, including but not limited to 28 U.S.C. § 1715, Rule 23(c) and (e), and the Due Process Clauses of the United States Constitution. The Court further finds that all of the notices are written in simple terminology, are readily understandable by Settlement Class Members, and are materially consistent with the Federal Judicial Center's illustrative class action notices.
XXXXX, INC e) All purchase orders are required to go through a purchase order review per AS9100, which may take up to 3 days.
XXXXX, INC. Defaults Upon the happening of any of the following events, acts, occurrences or state of facts that is not cured within forty-five (45) days after Xxxxx, Inc.’ receipt of written notice form MeadWestvaco (except in the event Xxxxx, Inc. does not pay the price of the Carbonless Paper when due, such cure period shall only be ten (10) days) MeadWestvaco shall have the right to terminate the Agreement immediately by written notice to Xxxxx, Inc.:
XXXXX, INC. Information for Notice pursuant to Section 17.1
XXXXX, INC. By: /s/ Xxxx X. Xxxxxx ---------------------------------- Name: Xxxx X. Xxxxxx June 4, 2001 ---------------------------------- CEO Date Name: /s/ Xxx X. Xxxxx June 4, 2001 ---------------------------------- Xxx X. Xxxxx / COO Date
XXXXX, INC. By ------------------------------- Title ---------------------------- Address for Notices: --------------------------------- --------------------------------- Telex: --------------------------- Fax: ----------------------------- SCHEDULE 1 TO PLEDGE AGREEMENT DESCRIPTION OF PLEDGED STOCK Stock Class of Certificate No. of Stock No. Shares Common Stock C-5 271,479
XXXXX, INC shall cease to be the DESIGN-BUILDER and BORROWER has not replaced the DESIGN-BUILDER, within thirty (30) days following the termination of the same with the replacement contractor to the satisfaction of BANK, which BANK approval shall not be unreasonably withheld, but which approval may include a bonding requirement in the reasonable exercise of BANK's judgment.
XXXXX, INC. By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Chief Executive Officer XXXXXXX & CO. INC. (on behalf of the several investment funds and accounts managed by it) By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Managing Director W. P. XXXXX INC. 00 Xxxxxxxxxxx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 October 19, 2012 Computershare (the “Transfer Agent”) 000 Xxxxxxxxxx Xxxxxxxxx Xxxxxx Xxxx, Xxx Xxxxxx 00000 Attention: Xxxxxx Xxxxxxxx Re: Irrevocable Instruction to Release Purchased Shares on November 19, 2012 Ladies and Gentlemen: Reference is made to the Common Stock Purchase Agreement (the “Agreement”) dated as of October 19, 2012, between W. P. Xxxxx Inc. (the “Company”) and Xxxxxxx & Co. Inc. (on behalf of the several investment funds managed by it, the “Investor”), relating to the sale by the Company and the purchase by the Investor of an aggregate of 937,500 of shares of common stock, par value $0.001 per share, of the Company (the “Purchased Shares”). Pursuant to the Agreement, the Investor has agreed that the Purchased Shares shall remain in accounts in the name of the Investor held by the Transfer Agent through the date that is thirty (30) days following the date hereof, following which the Purchased Shares shall be free of any restrictive legend or other limitation on transferability or resale, and shall be freely transferable by the Investor. The Company hereby irrevocably instructs (this “Instruction”) the Transfer Agent that upon the opening of business on November 19, 2012, the Transfer Agent shall at such time immediately remove any restrictive legend or other limitation on transferability or resale of the Purchased Shares, release the Purchased Shares, and thereafter permit the Investor to transfer the Purchased Shares from accounts held by the Transfer Agent. Purchased Shares are currently held in the following accounts: Account Number Number of Purchased Shares [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] This Instruction shall not be withdrawn, altered, amended, revoked, substituted or contradicted by the Company, and the Transfer Agent is hereby instructed to disregard and not obey any subsequent instruction made by the Company in respect of the Purchased Shares that has the effect of withdrawing, altering, amending, revoking, substituting or contradicting this Instruction. No further instruction from the Company shall be required to effect the purpose of this Instruction.
XXXXX, INC s Directors and Officers. On or prior to the Separation Date, SGASH and Xxxxx Inc. shall take all necessary actions so that immediately following the Separation: (i) the directors and executive officers of Xxxxx Inc. shall be those set forth in the Prospectus, unless otherwise agreed by the Parties; and (ii) Xxxxx Inc. shall have such other officers as Xxxxx Inc. shall desire.
XXXXX, INC s Group Equity. Notwithstanding anything to the contrary in this Agreement, Xxxxx Inc.’s group equity immediately following the IPO Date, after giving effect to the transactions contemplated under this Agreement (including but not limited to any distribution payable to SGASH under Section 2.02(d) and any Liabilities and expenses allocated to Xxxxx Inc. or SG in connection with this Agreement, the Separation and the IPO) but without giving effect to the impact of any gain or loss associated with SGASH’s sale of shares of Cowen Common Stock in the IPO, (“Initial Capital”) shall be $207.0 million.
