EXECUTION COPY AGREEMENT --------- This Agreement dated July 7, 2010 (this "Agreement"), is by and among the persons and entities listed on Schedule A (collectively, the "Icahn Group", and individually a "member" of the Icahn Group) and The Hain...Execution Copy • July 7th, 2010 • Icahn Carl C • Delaware
R E C I T A L S ---------------Execution Copy • June 19th, 2008 • Rogers Corp • Plastic materials, synth resins & nonvulcan elastomers • Connecticut
10 3/4% SENIOR NOTES DUE 2009 ------------------------------------------------------------------------------- -------------------------------------------------------------------------------Execution Copy • November 15th, 1999 • Nextlink Communications Inc / De • Telephone communications (no radiotelephone) • New York
ISPAT INLAND, INC.Execution Copy • January 6th, 2006 • Mittal Steel USA ISG Inc • Steel works, blast furnaces & rolling & finishing mills
EXECUTION COPY AGREEMENT AND PLAN OF MERGER AND REORGANIZATION ----------------------------------------------- This Agreement and Plan of Merger and Reorganization ("Agreement") is made as of the 27th day of March, 2008, by and between Tilden...Execution Copy • April 1st, 2008 • Tilden Associates Inc • Retail-auto & home supply stores • New York
INVESTMENT ADVISORY AGREEMENTExecution Copy • February 27th, 2009 • Sun Capital Advisers Trust • Massachusetts
THIS AGREEMENT dated this 1st day of October, 2008 between Sun Capital Advisers Trust, a Delaware business trust (the "Trust"), and Sun Capital Advisers LLC, a Delaware limited liability company (the "Manager").
AGREEMENT among FRANKLIN AUTO TRUST 2001-1 Issuer, FRANKLIN RECEIVABLES LLC Seller, FRANKLIN CAPITAL CORPORATION Servicer, and FRANKLIN RESOURCES, INC., RepresentativeExecution Copy • January 26th, 2001 • Franklin Receivables LLC • Retail-auto dealers & gasoline stations • New York
1 ARTICLE PURCHASE OF FRANCHISE ASSETS AND RIGHTS;LIABILITIES EXCLUDED AND ---------------------------------------------------------------- ASSUMED -------Execution Copy • November 14th, 2000 • Coca Cola Bottling Co Consolidated /De/ • Bottled & canned soft drinks & carbonated waters • Delaware
EXHIBIT 99.1Execution Copy • February 9th, 2004 • Boyd Gaming Corp • Services-miscellaneous amusement & recreation • Nevada
EXECUTION COPY This Agreement (the "Agreement") is entered into as of January 4th, 2006 by and between SITEL Corporation (the "Company" or "SITEL") and JANA Piranha Master Fund, Ltd. ("JANA"). WHEREAS, JANA has submitted an Advance Notice of...Execution Copy • January 5th, 2006 • Sitel Corp • Services-business services, nec • New York
ARTICLE I DefinitionsExecution Copy • March 8th, 2000 • Icg Services Inc • Communications services, nec • New York
East Realization Event" means any of the following events occurring at any time after the Effective Date: (i) the receipt by the Parent of any dividend or other distribution (whether in cash, securities or other property) with respect to any Equity...Execution Copy • April 14th, 2004 • Dex Media Inc • New York
AGREEMENTExecution Copy • April 15th, 2005 • Peak Entertainment Holdings Inc • Telephone communications (no radiotelephone) • California
ARTICLE IIExecution Copy • March 16th, 2004 • Daimlerchrysler Auto Trust 2004-A • Asset-backed securities • New York
AGENCY AGREEMENTExecution Copy • April 1st, 2005 • Fronteer Development Group Inc • Mining & quarrying of nonmetallic minerals (no fuels)
We, Pacific International Securities Inc. and Toll Cross Securities Inc. (collectively, the "Agents"), understand that Fronteer Development Group Inc. (the "Corporation") proposes to undertake a private placement of up to 7,270,000 units (the "Units") having the attributes specified in this agreement (the "Agreement") at a price of $1.75 per Unit to raise gross proceeds of up to $12,722,500. Subject to the terms and conditions set forth in this Agreement, the Corporation hereby appoints the Agents to act as the Corporation's exclusive agents and each of the Agents accepts the appointment and agrees to act as an agent of the Corporation and to use its commercial best efforts to find and introduce to the Corporation potential Purchasers (as defined herein) to purchase, by way of private placement, the Units. The Agents are under no obligation to purchase any of the Units, although each Agent may subscribe for Units if it so desires.
Exhibit 99.4 ------------Execution Copy • July 19th, 2004 • Chartermac • Real estate
EXECUTION COPYExecution Copy • March 16th, 2021 • Diamond S Shipping Inc. • Transportation services
This AMENDMENT TO EMPLOYMENT AGREEMENT (this “Amendment”), dated as of January 12, 2021, is between Diamond S Management LLC, a limited liability company organized under the laws of the Marshall Islands (the “Company”), and Kevin Kilcullen (“Executive”).
EXECUTION COPY INVESTMENT ADVISORY AGREEMENT AGREEMENT made this 2nd day of September, 2008, by and between SSgA Funds Management, Inc., a Massachusetts corporation ("SSgA")(the "Adviser"), and Met Investors Advisory, LLC, a Delaware limited liability...Execution Copy • May 1st, 2009 • Met Investors Series Trust • Delaware
EMPLOYMENT AGREEMENTExecution Copy • November 6th, 1996 • Physician Partners Inc • Oregon
A) the interior of the New Lease Premises occurring during the term of the New Lease which exceeds the damage which would be reasonably expected to occur as a result of (i) normal wear and tear in connection with Designs' use of the New Lease Premises...Execution Copy • December 12th, 2000 • Designs Inc • Retail-family clothing stores • Massachusetts
AGREEMENT FOR PURCHASE AND SALE OF ASSETSExecution Copy • December 5th, 2003 • Young Innovations Inc • Dental equipment & supplies • Missouri
ContractExecution Copy • August 29th, 2003 • Keycorp Student Loan Trust 2003-A • Asset-backed securities • New York
ADMINISTRATION AGREEMENT (this “Agreement”) dated as of August 1, 2003, among KEYCORP STUDENT LOAN TRUST 2003-A, a Delaware statutory trust (the “Issuer”), KEY BANK USA, NATIONAL ASSOCIATION, a national banking association, as administrator (the “Administrator”), and JPMORGAN CHASE BANK, a New York banking corporation, not in its individual capacity but solely as Indenture Trustee (the “Indenture Trustee”).
ARTICLE IExecution Copy • March 27th, 1997 • Winstar Communications Inc • Telephone communications (no radiotelephone) • New York
INDENTUREExecution Copy • June 26th, 1998 • Firstworld Communications Inc • New York
EXECUTION COPY EXECUTIVE EMPLOYMENT AND NON-COMPETITION AGREEMENT AGREEMENT, dated as of the 25th day of November, 1997, by and between Holmes Products Corp., a Massachusetts corporation (the "Company"), and Stanley Rosenzweig, a resident of...Execution Copy • January 16th, 1998 • Holmes Products Corp • Massachusetts
2.2 AMENDMENT TO SUBSECTION 8.4(e). Subsection 8.4 of the Credit Agreement is hereby amended by deleting paragraph (e) of such subsection in its entirety and inserting in lieu thereof the following new paragraph: "(e) guarantees by Holdings and its...Execution Copy • August 11th, 2000 • Dal Tile International Inc • Structural clay products • New York
30,000,000 3,000 UNITS CONSISTING OF 13 3/4% EXCHANGEABLE PREFERRED STOCK DUE 2009 AND 111,000 SHARES OF CLASS C COMMON STOCKExecution Copy • July 7th, 1998 • Sf Holdings Group Inc • Paperboard containers & boxes • New York
EXECUTION COPY ADMINISTRATION AGREEMENT (this "Agreement") dated as of September 1, 1999, among KEYCORP STUDENT LOAN TRUST 1999-B, a Delaware statutory business trust (the "Issuer"), KEY BANK USA, NATIONAL ASSOCIATION, a national banking association,...Execution Copy • October 12th, 1999 • Key Bank Usa National Association • Asset-backed securities • New York
TOYOTA LEASING, INC. ANDExecution Copy • December 16th, 1998 • Toyota Auto Lease Trust 1998-B • Asset-backed securities • California
AGREEMENTExecution Copy • December 2nd, 2010 • Emblaze Ltd. • Services-computer programming services
The Seller and the Purchaser shall be collectively referred to as the “Parties” and each of them separately shall be referred to as a “Party”.
GUARANTYExecution Copy • November 12th, 1996 • Symantec Corp • Services-prepackaged software • California
ContractExecution Copy • February 20th, 2007 • Smart & Final Inc/De • Wholesale-groceries & related products • Delaware
STOCK PURCHASE AGREEMENT, dated as of February 20, 2007 (this “Agreement”), by and between Sharp Holdings Corp. (the “Purchaser”), on the one hand, and Casino Guichard-Perrachon, S.A. (the “Shareholder”) and Casino USA, Inc., the Shareholder’s wholly owned subsidiary (the “Company”), on the other. Capitalized terms used but not defined herein shall have the meanings given to such terms in the Merger Agreement (as defined below).
CUSTODY AGREEMENTExecution Copy • April 23rd, 2014 • Exchange Traded Spreads Trust • New York
AGREEMENT, dated as of ________________, 2014 between EXCHANGE TRADED SPREADS TRUST a Delaware statutory trust, having its principal office and place of business at 44 Montgomery Street, Suite 2100, San Francisco, California 94104 (the “Trust”) and The Bank of New York Mellon, a New York corporation authorized to do a banking business having its principal office and place of business at One Wall Street, New York, New York 10286 (“Custodian”).
RECITALSExecution Copy • July 31st, 2002 • Williams Communications Group Inc • Telephone communications (no radiotelephone) • Delaware
CUSTODIAN AGREEMENTExecution Copy • January 19th, 2018 • Northwestern Mutual Series Fund Inc • New York
This Agreement is made as of August 14, 2017 (this “Agreement”), between the Northwestern Mutual Series Fund, Inc. (the “Fund”), including, each series of the Fund identified on Appendix A and each series which becomes a party to this Agreement in accordance with the terms hereof, and State Street Bank and Trust Company, a Massachusetts trust company (the “Custodian”).
