XXXXXXXXX XXXXX INCORPORATED Sample Clauses

XXXXXXXXX XXXXX INCORPORATED. By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Executive Vice President and Chief Financial Officer ARLINGTON PARK RACECOURSE, LLC BB DEVELOPMENT LLC BETAMERICA, LLC CALDER RACE COURSE, INC. CDIHC, LLC XXXXXXXXX XXXXX INTERACTIVE GAMING, LLC XXXXXXXXX XXXXX MANAGEMENT COMPANY, LLC XXXXXXXXX XXXXX RACETRACK, LLC XXXXXXXXX XXXXX TECHNOLOGY INITIATIVES COMPANY COLONIAL DOWNS GROUP, LLC DCGD, LLC DERBY CITY GAMING, LLC DERBY CITY GAMING DOWNTOWN, LLC XXXXX ENTERTAINMENT, LLC HCRH, LLC KYCR HOLDINGS, LLC KYMALIMI, LLC LAGO RESORT & CASINO, LLC LLN PA, LLC XXXXXXXX XXXX, LLC MVGR, LLC NKYRG, LLC RICHMOND VA DEVELOPMENT, LLC RICHMOND VA MANAGEMENT, LLC RVA GROUP II, LLC RVA HOLDINGS GROUP, LLC SW GAMING LLC TROPICAL PARK, LLC TURFWAY PARK, LLC WKY DEVELOPMENT, LLC XXXXXX.XXX, LLC By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Treasurer XXXXXXXXX XXXXX LOUISIANA VIDEO POKER COMPANY, L.L.C. PID, LLC OLD BAY GAMING AND RACING, LLC VIDEO SERVICES, L.L.C. By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Treasurer ARLINGTON OTB CORP. QUAD CITY DOWNS, INC. By: /s/ Xxxxxxx X. Xxxxxxxxx Name: Xxxxxxx X. Xxxxxxxxx Title: Secretary UNITED TOTE COMPANY By: /s/ Xxxxxxxx X. Xxxx Name: Xxxxxxxx X. Xxxx Title: Treasurer OCEAN DOWNS LLC OCEAN ENTERPRISE 589 LLC RACING SERVICES LLC By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: President OLD BAY BEVERAGE COMPANY, LLC By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Secretary JPMORGAN CHASE BANK, N.A., as Administrative Agent By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Authorized Signer [Signature Page to Incremental Joinder Agreement No. 2] JPMORGAN CHASE BANK, N.A., as a 2023 Incremental Term A Facility Lender, Term Facility Lender and Revolving Lender By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Authorized Signer [Signature Page to Incremental Joinder Agreement No. 2] PNC BANK, NATIONAL ASSOCIATION, as a 2023 Incremental Term A Facility Lender, Term Facility Lender and Revolving Lender By: /s/ Xxxxxx Xxxxxxxxxx Name: Xxxxxx Xxxxxxxxxx Title: Senior Vice President [Signature Page to Incremental Joinder Agreement No. 2] FIFTH THIRD BANK, NATIONAL ASSOCIATION, as a 2023 Incremental Term A Facility Lender, Term A Facility Lender and Revolving Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Executive Director KEYBANK NATIONAL ASSOCIATION, as a Term A Facility Lender and Revolving Lender By: /s/ Xxxx X. XxXxxx Name: Xxxx X. XxXxxx Title: Vice President CAPITAL ONE, NATIONAL ASSOCIATION, as a 2023 Incre...

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XXXXXXXXX XXXXX INCORPORATED. By /s/Xxxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer June 30, 2004 GUARANTORS: XXXXXXXXX XXXXX MANAGEMENT COMPANY By /s/Xxxxxxx X. Xxxxxx Assistant Treasurer June 30, 2004 XXXXXXXXX XXXXX INVESTMENT By /s/Xxxxxxx X. Xxxxxx President June 30, 2004 RACING CORPORATION OF AMERICA By /s/Xxxxxxx X. Xxxxxx President June 30, 2004 CALDER RACE COURSE, INC. By /s/Xxxxxxx X. Xxxxxx Vice President June 30, 2004 TROPICAL PARK, INC. By /s/Xxxxxxx X. Xxxxxx Vice President June 30, 2004 XXXXXXXXX XXXXX CALIFORNIA COMPANY By /s/Xxxxxxx X. Xxxxxx Vice President June 30, 2004 ARLINGTON PARK RACECOURSE, LLC By /s/Xxxxxxx X. Xxxxxx Vice President June 30, 2004 ARLINGTON MANAGEMENT SERVICES, LLC By /s/Xxxxxxx X. Xxxxxx Vice President June 30, 2004 ARLINGTON OTB CORP. By /s/Xxxx Xxx Xxxxxxxx Secretary June 30, 2004 Quad City Downs By /s/Xxxx Xxx Xxxxxxxx Secretary June 30, 2004 CDIP, LLC By /s/Xxxxxxx X. Xxxxxx Vice President June 30, 2004 CDIP HOLDINGS, LLC By /s/Xxxxxxx X. Xxxxxx Vice President June 30, 2004 ELLIS PARK RACE COURSE, INC. By /s/Xxxxxxx X. Xxxxxx Vice President June 30, 2004 BANK ONE, NA, as a Lender and as Agent By /s/H. Xxxxxx Xxxxxxx H. Xxxxxx Xxxxxxx First Vice President Date: June 30, 2004

XXXXXXXXX XXXXX INCORPORATED. Xxxxxxxxx Downs April 23, 1999 Management Company, Xxxxxxxxx Xxxxx Investment Company, Racing Corporation of America and Ellis Park Race Course, Inc. 2. Calder Race Course, Inc. and Tropical Park, Inc. April 23, 1999 3. Xxxxxxxxx Xxxxx California Company, Xxxxxxxxx September 10, 1999 Downs California Fall Operating Company and Xxxxxxxxx Xxxxx California Food Services Company 4. Arlington International Racecourse, Inc. September 8, 2000 Arlington Management Services, Inc., Turf Club of Illinois, Inc., Arlington Global Services, Inc., Arlington OTB Corp., KFI Corporation and Quad City Downs, Inc.

XXXXXXXXX XXXXX INCORPORATED. By: -------------------------------- Title: -------------------------------- GUARANTORS: XXXXXXXXX DOWNS MANAGEMENT COMPANY By: -------------------------------- Title: -------------------------------- XXXXXXXXX XXXXX INVESTMENT COMPANY By: -------------------------------- Title: -------------------------------- RACING CORPORATION OF AMERICA By: -------------------------------- Title: -------------------------------- ELLIS PARK RACE COURSE, INC. By: -------------------------------- Title: -------------------------------- CALDER RACE COURSE, INC. By: -------------------------------- Title: -------------------------------- TROPICAL PARK, INC. By: -------------------------------- Title: -------------------------------- XXXXXXXXX XXXXX CALIFORNIA COMPANY By: -------------------------------- Title: -------------------------------- XXXXXXXXX DOWNS CALIFORNIA FALL OPERATING COMPANY By: -------------------------------- Title: -------------------------------- XXXXXXXXX XXXXX CALIFORNIA FOOD SERVICES COMPANY By: -------------------------------- Title: -------------------------------- ARLINGTON INTERNATIONAL RACECOURSE, INC. By: -------------------------------- Title: -------------------------------- ARLINGTON MANAGEMENT SERVICES, INC. By: -------------------------------- Title: -------------------------------- TURF CLUB OF ILLINOIS, INC. By: -------------------------------- Title: -------------------------------- ARLINGTON GLOBAL SERVICES, INC. By: -------------------------------- Title: -------------------------------- ARLINGTON OTB CORP.

XXXXXXXXX XXXXX INCORPORATED. The voting powers, preferences and relative, participating, optional and other special rights of the shares of Series A Junior Participating Preferred Stock of the Corporation, and the qualifications, limitations or restrictions thereof, are as follows:

Related to XXXXXXXXX XXXXX INCORPORATED

Xxxxxxx Xxxxxxx Policy The terms of the Partnership’s xxxxxxx xxxxxxx policy with respect to Units are incorporated herein by reference.
Xxxxxxxx-Xxxxx Act There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Sxxxxxxx-Xxxxx Act There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
Sxxxxxxx-Xxxxx The Company is, or on the Closing Date will be, in material compliance with the provisions of the Sxxxxxxx-Xxxxx Act of 2002, as amended, and the rules and regulations promulgated thereunder and related or similar rules or regulations promulgated by any governmental or self-regulatory entity or agency, that are applicable to it as of the date hereof.
Xxxxxxxxx Xxx Xxxx Agreement shall be governed by the interpreted in accordance with the laws of the State of Washington without reference to its conflicts of laws rules or principles. Each of the parties consents to the exclusive jurisdiction of the federal courts of the State of Washington in connection with any dispute arising under this Agreement and hereby waives, to the maximum extent permitted by law, any objection, including any objection based on forum non coveniens, to the bringing of any such proceeding in such jurisdictions.
Xxxxxxxxx Xxxx Xxxx Certificate of Trust shall be effective upon filing.
Xxxxx Xxxxxxxxx 16. You shall advise by electronic mail transmission Xxxxx Xxxxxxxxx, of the Company, and such other person or persons as the Company may request, daily (and more frequently during the week immediately preceding the Expiration Date if requested) up to and including the Expiration Date, as to the number of Old Securities which have been tendered pursuant to the Exchange Offer and the items received by you pursuant to this Agreement, separately reporting and giving cumulative totals as to items properly received and items improperly received. In addition, you will also inform, and cooperate in making available to, the Company or any such other person or persons upon oral request made from time to time prior to the Expiration Date of such other information as they may reasonably request. Such cooperation shall include, without limitation, the granting by you to the Company and such person as the Company may request of access to those persons on your staff who are responsible for receiving tenders, in order to ensure that immediately prior to the Expiration Date the Company shall have received information in sufficient detail to enable it to decide whether to extend the Exchange Offer. You shall prepare a final list of all persons whose tenders were accepted, the aggregate principal amount of Old Securities tendered, the aggregate principal amount of Old Securities accepted and deliver said list to the Company.
Xxxxxxxx Xxxxxx X.Xxxxxxxx@xxx.xxx Xxx Xxxxxx Xxxxxx.X.Xxxxxx@xxx.xxx Xxx X. Hershey Xxx.X.Xxxxxxx@xxx.xxx Date: Subject: [•], 20[•] Equity Distribution Agreement – Placement Notice Gentlemen: Pursuant to the terms and subject to the conditions contained in the Equity Distribution Agreement between Aravive, Inc. ( “Company”), and Xxxxx Xxxxxxx & Co. ( “Agent”) dated March 26, 2019 (the “Agreement”), the Company hereby requests that Agent sell up to [•] shares of the Company’s common stock, par value $0.0001 per share, at a minimum market price of $[•] per share. Sales should begin on the date of this Placement Notice and shall continue until [•]/[all shares are sold]. SCHEDULE 2 NOTICE PARTIES Aravive, Inc. Xxx Xxxxxxx, Chief Executive Officer xxxxxxxx@xxxxxxx.xxx Xxxxx Xxxx, Chief Financial Officer xxxxx@xxxxxxx.xxx Xxxxx Xxxx, Vice President/Finance and Principal Accounting Officer xxxxx@xxxxxxx.xxx Xxxxx Xxxxxxx & Co. Xxxx X. Riley Xxxx.X.Xxxxx@xxx.xxx Connor X. Xxxxxxxx Xxxxxx.X.Xxxxxxxx@xxx.xxx Xxx Xxxxxx Xxxxxx.X.Xxxxxx@xxx.xxx Xxx X. Hershey Xxx.X.Xxxxxxx@xxx.xxx SCHEDULE 3 FORM OF REPRESENTATION CERTIFICATE PURSUANT TO SECTION 3(Q) OF THE AGREEMENT [•], 20[•] Xxxxx Xxxxxxx & Co. 000 Xxxxxxxx Xxxx Xxxxxxxxxxx, XX 00000 Sir: The undersigned, the duly qualified and elected [•], of Aravive, Inc., a Delaware corporation (the “Company”), does hereby certify in such capacity and on behalf of the Company, pursuant to Section 3(q) of the Equity Distribution Agreement, dated March 26, 2019 (the “Equity Distribution Agreement”), between the Company and Xxxxx Xxxxxxx & Co., that to the best of the knowledge of the undersigned:
Xxxxxxx Xxxxxxx Seller and Buyer hereby certify that they have not themselves, nor through any third parties, purchased nor caused to be purchased in the public marketplace any publicly traded shares of the Company. Seller and Buyer further certify they have not communicated the nature of the transactions contemplated by the Agreement, are not aware of any disclosure of non public information concerning said transactions, and are not a party to any xxxxxxx xxxxxxx of Company shares.
Xxxxxx Xxxxxxxx XXXXXX PARTDESC UNITPRICE ------ -------- --------- 0010-00744 HE PRESSURE CONTROL (20SCCM) ASSY $ [**] 0010-13150 ASSY, IHC CHAMBER D $ SHC (20SCCM) $ [**] 0010-13152 ASSY, IHC CHAMBER D & SHC (50SCCM) $ [**] 0010-35404 IHC ASSY,5200 MCVD CENTURA $ [**] 0010-35650 ASSY,INDEPENDENT HELIUM CONTROL $ [**] 0010-37643 ASSY,INDEPENDENT HELIUM CONTROL,DPS WOUT/FILTER $ [**] 0010-40240 ICH ASSY,5300 W/RSTR $ [**] 0010-76952 ASSY, IHC CHAMXXX X,X, XXD C, (50 SCCM) $ [**] 0190-18037 ASSEMBLY, DUAL IHC $ [**] 0620-02211 CABLE ASSY TRANSDUCER 27"LG 15P-D CONN $ [**] 1040-01093 METER XDCR 3.1/2 LCD 0-100 PSI 13032VDC 15PIN-D $ [**] 1350-01012 XDCR PRESS 0-100 TORR VCO D CONNECTION $ [**] 1350-01025 XDCR PRESS 100TXXX 0XXX-X +/-00XXX @ 050MA 45C $ [**] 1350-01026 XDCR PRESS 1TORR 8VCR-F +/-15VDC @ 250MA 45C $ [**] 1350-01027 XDCR PRESS 0-1000 XXXX X/XXX #0 XXX D CONN $ [**] 1350-01028 XDCR PRESS 2-1000 TORR CAJON 8 VCR FEM FTG $ [**] 1350-01045 XDCR PRESS 10TORR 8VCR-F +/-15VDC @ 250MA 45C $ [**] 1350-01067 XDCR PRESS 100MTORR 45C 15VDC 8VCR FEM FTG VERTCL $ [**] --------- Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. ATTACHMENT 1A