XXXXXXXXXXX XXXXXXXXXX. Xxx xxxxxxxxxxx xx Xxecutive's employment by the Company or by Executive during the Term (other than termination pursuant to death) shall be communicated by written Notice of Termination to the other party hereto in accordance with Section 5.5. For purposes of this Agreement, a "Notice of Termination" shall mean a notice which shall indicate the specific termination provision in this Agreement relied upon and shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of Executive's employment under the provision so indicated.
XXXXXXXXXXX XXXXXXXXXX. Xx order to finance the acquisition of certain real property located in Harris County, Texas, as more particularly described on Exhibit "A" xxxxxhed hereto and incorporated herein, Borrower has applied to Lender for a loan in the amount of $325,000.00 (the "Loan"), which Loan will be secured by a first lien deed of trust encumbering the such property and a contiguous parcel of land currently owned by the Borrower, together with all improvements on both parcels (collectively, the "Property"); and
XXXXXXXXXXX XXXXXXXXXX. Xx August 3, 1993, Barclays and Cal Dive entered into that certain Loan and Security Agreement, as amended by (i) that certain First Amendment to Loan and Security Agreement, dated as of August 31, 1994, executed by Barclays and Cal Dive, and (ii) that certain Letter Agreement, dated as of December 30, 1994 by Barclays (as amended, the "ORIGINAL LOAN AGREEMENT"), pursuant to which Barclays agreed to make loans and advances (collectively, the "LOANS") to Cal Dive in accordance with the terms thereof.
XXXXXXXXXXX XXXXXXXXXX. Add to the property description an area to be referred to hereinafter as the "Extra Space" defined as approximately 6177 S.F. of warehouse space in Bay 3 of the building, and as depicted in Exhibit A to this Amendment. The Extra Space will be insulated and heated only per the Washington State Energy Code for such space. Lighting is "as is." KJH CLC
XXXXXXXXXXX XXXXXXXXXX. DURECT owns rights in and to the product known as the CHRONOGESIC(TM) (sufentanil) Pain Therapy System currently under development by DURECT.
XXXXXXXXXXX XXXXXXXXXX. Xxxxxxxxxxx Xxxxxxxxxx, President and Director
XXXXXXXXXXX XXXXXXXXXX full power of substitution and revocation; in each case, to vote on any proposal which comes before Biovest's stockholders; provided that (a) in any vote with respect to a matter (other than capital-raising transactions or transactions affecting Biovest's capital structure to the extent that Accentia has not violated the terms of the Investment Agreement) presented to the Biovest stockholders Xx. Xxxxxxxxxx shall vote the shares evidenced the Escrowed Stock Certificates as directed by Accentia unless he disagrees with Accentia's direction in which case he shall vote as he so elects with respect to the shares evidenced by the Escrowed Stock Certificates and (b) without Accentia's prior written consent, in exercising any voting rights with respect to the shares evidenced the Escrowed Stock Certificates, Xx. Xxxxxxxxxx shall not cast a vote in a manner that is materially adverse to Accentia's rights (i) to purchase and be issued the shares evidenced by the Escrowed Stock Certificates and/or (ii) relating to a financing transaction, merger, sale of all or substantially all assets, or recapitalization (in each case, with respect to Biovest's capital structure to the extent that Accentia has not violated the terms of the Investment Agreement and/or any agreement, instrument or document executed and delivered in connection therewith). THIS VOTING PROXY IS IRREVOCABLE. THE VOTING PROXY CREATED BY THIS SECTION 1.5 SHALL CONTINUE IN FULL FORCE AND EFFECT UNTIL THE TERMINATION OF THE ESCROW CREATED BY THIS AGREEMENT.
XXXXXXXXXXX XXXXXXXXXX. Secondary Contact Title 3
XXXXXXXXXXX XXXXXXXXXX. Administration Fee Contact Email 1 9 Administration Fee Contact Phone 2 0
XXXXXXXXXXX XXXXXXXXXX. “Equitable and Equity in Aristotle,” in Justice, Law, and Method in Plato and Aristotle, ed. Xxxxx Xxxxxxxxxx (Edmonton, Alberta: Academic Printing and Publishing, 1987), 167. 14 Xxxxxxx (1989), 14. See also Xxxxxx Xxxxxxxx’x discussion of the role of emotions in criminal sentencing procedures in Upheavals of Thought: The Intelligence of Emotions (New York: Cambridge University Press, 2001), 441-453. supposedly unbiased by the irrelevant particulars of cases. Instead they assume a distanced and neutral view of how to apply the law in all circumstances. Of course, I have painted this interpretation of justice in broad strokes that may miss the nuanced presentations of some of its advocates. Despite the simplicity of my description, I do not believe that I have misrepresented the basic tenets of this interpretation or its presence in our culture. A modern example of this interpretation of justice can be found in the use of sentencing guidelines, which provide charts and logarithmic calculations that equate the severity of a crime, the prior record of an offender, and aggravating or mitigating circumstances with a sentencing range that determines the proper allotment of punishment for each offender, usually in terms of months to be served on probation or in prison.15 Originally formulated in the United States in the 1980s, sentencing guidelines were legislative efforts to decrease disparities in sentencing. Disparities could be the result either of judges differing from each other in the severity of the sanctions they impose on offenders or of individual judges giving unequal punishments to offenders for the same types of crime based upon any number of prejudices, particularly racial and ethnic discrimination. Undoubtedly, these disparities are a danger with judicial discretion. These dangers became especially apparent in the wake of the civil rights movement and prisoners’ right movements in the 1960s and 1970s, which revealed gross injustices of harsh treatment of African Americans versus whites in U.S. judicial systems. In practice, however, many sentencing guidelines have been found to reify aspects of unequal treatment in the law (for example, with different sentences for powder and crack cocaine possession and distribution), 15 For more detailed descriptions of sentencing guidelines, see Xxxxxxx X. Xxxxx, “State Sentencing Guidelines: Diversity, Consensus, and Unresolved Policy Issues,” Columbia Law Review 105.4 (2005): 1190-1232; Xxxxxxxx X. Xxxxxxxxx...
