XXXXXXXXX CORPORATION. By: /s/ Xxxxx Xxxxx ---------------------------------------- Name: Xxxxx Xxxxx Title: Vice President and Treasurer
XXXXXXXXX CORPORATION. Because of work jointly undertaken by ECC and XxXxxxxx'x Corporation ("McDonald's") (as used herein the term "McDonald's" shall include franchisees thereof) with regards to studies of market potential and Food Package design, it has been agreed that McDonald's is to have a "lead time" or "priority" with regard to the distribution of certain Products that are ordered by it and covered by this Sublicense Agreement. Prior to the execution of the Technology Transfer Agreement, ECC will deliver to Sublicensee a list of these priority Products. In compliance with this arrangement, it is expressly understood and agreed that, for a period of two (2) years from the date hereof, the license hereby granted is subject to Sublicensee agreeing not to fill orders from, or deliver any priority Products to, on a region by region basis, any entity in the food service or fast food industry other than McDonald's until such time as all such priority Products ordered for McDonald's in a specific region have been manufactured, shipped or otherwise set aside for delivery to McDonald's by the Sublicensee. A region shall be that geographical area which is serviced by a specific "distribution center" which supplies products solely or primarily to McDonald's in that geographical area.
XXXXXXXXX CORPORATION. Because of work jointly undertaken by ECC and XxXxxxxx'x Corporation ("McDonald's") (as used herein the term "McDonald's" shall include purchasing agents and franchisees thereof) with regards to studies of market potential and food package design, it has been agreed that McDonald's is to receive "priority" with regard to the distribution of the Products that are ordered by it and covered by this Agreement. In compliance with this arrangement, for a period of two (2) years from the effective date of this Agreement, Sublicensee shall give priority to McDonald's orders for Products, in that, on a regional basis, Sublicensee shall dedicate to the production and delivery of Products to McDonald's such portion of Sublicensee's production capacity (i) as is available at the time of receipt of a purchase order from McDonald's and (ii) is reasonably necessary to fill such purchase order at the rate of production and/or the delivery schedule contained in such order, and Sublicensee shall not accept additional purchase orders from, or deliver Products to, any entity in the food service and restaurant industry other than McDonald's unless or until Sublicensee has production capacity in excess of that required to fill, on a timely basis, purchase orders from McDonald's that have previously been accepted by Sublicensee. A region shall be that geographic area which is serviced by a specific "distribution center" that supplies products solely or primarily to McDonald's in that geographic area.
XXXXXXXXX CORPORATION. BACKGROUND TO MAPLE LEAF OFFERS AND RESPONSE OF XXXXXXXXX .................. 3
XXXXXXXXX CORPORATION. FORECAST CONSOLIDATED STATEMENT OF EARNINGS (thousands of dollars except per share amounts)
XXXXXXXXX CORPORATION. E. Xxxx Xxxxxxxxx - Professional Corporation, counsel for the Buyer. TRANSACTION AGREEMENTS. See Section 3.1.2.
XXXXXXXXX CORPORATION. Because of work jointly undertaken by ECC and XxXxxxxx'x Corporation ("McDonald's") (as used herein the term "McDonald's" shall include franchisees thereof) with regards to studies of market potential and food package design, it has been agreed that McDonald's is to have a "lead time" or "priority" with regard to the distribution of the Products that are ordered by it and covered by this Agreement. In compliance with this arrangement, for a period of two (2) years from the effective date of this Agreement, Sublicensee shall not fill orders from, or deliver Products to, on a regional basis, any entity in the food service and restaurant industry other than McDonald's until such time as all Products ordered by McDonald's in a specific region have been manufactured, shipped or otherwise set aside for delivery to McDonald's by the
XXXXXXXXX CORPORATION. STOCK PURCHASE WARRANT ----------------------- Date of Issuance: November 25, 2002 Certificate No. _____ FOR VALUE RECEIVED, X.X. Xxxxxxxxx Corporation, a Delaware corporation (the "COMPANY"), hereby grants to _______________________________ or its registered assigns (the "REGISTERED HOLDER") the right to purchase from the Company _________ shares of the Company's Common Stock at the Exercise Price. This Warrant is one of several warrants (collectively, the "SERIES 1 WARRANTS") issued by the Company to certain investors (the "INVESTORS") pursuant to the letter agreement, dated as of November 25, 2002 (the "LETTER AGREEMENT"). Certain capitalized terms used herein are defined in SECTION 4 and capitalized terms used in this Warrant but not defined herein shall have the meanings ascribed thereto in the Letter Agreement. The amount and kind of securities obtainable pursuant to the purchase rights granted hereunder and the purchase price for such securities are subject to adjustment pursuant to the provisions contained in this Warrant. This Warrant is subject to the following provisions:
XXXXXXXXX CORPORATION. By: ------------------------------------- Name: Title: Attest: ------------------------------------ Name: Title: EXHIBIT I ASSIGNMENT FOR VALUE RECEIVED, ______________________________ hereby sells, assigns and transfers all of the rights of the undersigned under the attached Warrant (Certificate No. ____) with respect to the number of shares of the Common Stock, par value $1 per share, of X.X. Xxxxxxxxx Corporation, a Delaware corporation, covered thereby set forth below, unto: Names of Assignee Address No. of Shares ----------------- ------- ------------- Signature: --------------------------------- Address: ---------------------------------
XXXXXXXXX CORPORATION. If the Executive does not make a request for, and the Company does not deliver to the Executive, a Certificate, the Company shall be deemed to have determined that no Gross-up Payment is due; provided that the absence of such request by Executive or the Certificate by the Company shall not preclude Executive from making such request at any future date.
