Xxxxxxxx Action a. Each Named Plaintiff - $1,000 ($46,000 total) in consideration for release of their claims and dismissal of their action with prejudice Ford will pay to the Claims Administrator, promptly after the Effective Date, the total amount of service awards approved by the Court. The Claims Administrator will distribute the amount to each Named Plaintiff in accordance with the Court’s order.
Xxxxxxxx Action. Xxxxxxxx shall (a) have provided to Xxxxxxxx’x counsel, on or before May 14, 2018, with Three Thousand and 00/100 Dollars ($3,000.00) in immediately available United States funds to confirm to the Town that Xxxxxxxx has the financial capacity to make the necessary payment to the Town under Section 1 of this Agreement, (b) direct his legal counsel to prepare the release deed and transfer tax declaration for Xxxxxxxxxx for execution as provided for in Section 2 of this Agreement and to have said counsel coordinate all matters under this Agreement with Xxxxxxxxxx, (c) work cooperatively and in good faith with the Town, its officials and legal counsel in order to reach mutual agreement on the Easement, and (d) engage in all reasonable efforts to close on acquiring the CBLP Parcels in accord with the pending purchase and sale agreement on the CBLP Parcels, which closing is anticipated to occur no later than , 2018.
Xxxxxxxx Action. If a judgment, award, or other decision is rendered against Borrower, or Borrower is ordered or directed to pay, by enforcement or similar action, or elects to pay voluntarily or otherwise, or enters into a settlement or other agreement, pursuant to which Borrower pays or becomes obligated to pay, more than approximately Euro 8,340,000, plus any statutory, non-penalty, interest rate as applicable in Singapore (which is currently 5.33%), plus non-penalty taxes, plus any other reasonable reimbursable fees, expenses and costs (including reasonable legal fees) in connection with the enforcement of the award, in each case in connection with the claims between Borrower and Xxxxxxxx Energy Pvt. Ltd.
5. The Agreement, as amended hereby, shall be and remain in full force and effect in accordance with its terms and is ratified and confirmed in all respects (other than ratification of any representations, which is addressed in Section 5). Except as expressly set forth herein, the execution, delivery, and performance of this Amendment shall not operate as a waiver of, or as an amendment of, any right, power, or remedy of Lender under the Loan Documents, as in effect prior to the date hereof.
6. Borrower represents and warrants that the representations and warranties contained in the Agreement and Loan Documents are true and correct in all material respects as of the date of this Amendment (other than any representations or warranties that relate to a specific date or specific schedules, which such representations and warranties are true and correct in all material respects on such earlier date or with respect to such schedules previously delivered).
7. This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument.
8. Within ten (10) Business Days after the Second Amendment Date, Borrower shall deliver to Lender, inform and substance reasonably satisfactory to Lender an endorsement to title insurance policy in connection with this Amendment.
9. As a condition to the effectiveness of this Amendment, Lender shall have received, in form and substance satisfactory to Lender the following:
(a) this Amendment;
(b) an Amended and Restated Warrant to Purchase Stock;
(c) an amendment to that certain Mortgage and Security Agreement;
(d) a consent of Xxxxx;
(e) a certificate of an officer of Borrower, together with resolutions of Borrower’s board of directors approving the transacti...
