Note to Draft definition

Note to Draft. Include only for the board members other than the chairman and the directeur général.

Note to Draft. If this opinion is being delivered in connection with the purchase and sale of Shares pursuant to a Terms Agreement, each reference to the Registration Statement and Prospectus will also include the Time of Sale Prospectus.

Note to Draft. The relevant authorities have not yet promulgated Standard Contractual Clauses under the GDPR. When this occurs, the Standard Contractual Clauses used herein, which are currently promulgated under the Directive, should be replaced.

Examples of Note to Draft in a sentence

• Subject to Section 4.03, the Board of Managers is authorized to employ, engage and dismiss, on behalf of the Company, any Person, including an Affiliate of any Member, to perform services for, or furnish goods to, the 8 Note to Draft: Under review.

• Except as set forth in Regulations Section 1.704-2(f), if, during any Fiscal Year or other relevant period, there is a net decrease in Company Minimum Gain, each Member shall be specially allocated items of gross income and gain for such period (and, if necessary, subsequent periods) in an amount equal to that Member’s share of the net decrease of Company Minimum Gain, computed in accordance with Regulations Section 15 Note to Draft: To be confirmed.

• If, at any time, a Management Member ceases to be employed by or provide services to, as applicable, the Company or any Appgate Entity for any reason, any Management Units that are not forfeited under Section 8.08(a) and held by such Management Member or by any of such Management Member’s Permitted Transferees will be subject to repurchase by the Company (the “Purchase Option”) pursuant to the 16 Note to Draft: Under review.

• The Company shall have absolute discretion as to which Members 14 Note to Draft: Under review.

• Without limiting the generality of Section 10.01, the Board of Managers, without the consent or approval at any time of any Member (each Member, by acquiring its Units, being deemed to consent to any such amendment) other than the Required Member Consent, may amend any provision of this Agreement or the Certificate, and may execute, swear to, acknowledge, deliver, file and record all documents required or desirable in connection therewith, to reflect: 19 Note to Draft: Under review.

More Definitions of Note to Draft

Note to Draft. We expect TopCo to adopt a dividend policy to immediately distribute out all of the 5.5 and (c) distributions in order to avoid “double dipping” by the Unit holders.

Note to Draft. To be seven (7) years after the date of issuance of the applicable Warrant.

Note to Draft specific milestone payment amounts to be completed in final version pursuant to guidelines for calculation of milestones in Exhibit F, Part B of the RCO Agreement.]

Note to Draft. This change is based on the DRS. Confirm this is intentional.

Note to Draft. The lockup arrangements for the Archaea stockholders will be finalized as soon as practicable following the deal announcement and will be generally consistent with the framework provided in the letter of intent dated as of February 22, 2021. Without limiting the foregoing, in no event will the lockup obligations on any Archaea stockholder be more favorable than the terms of the Aria/Ares lockup.

Note to Draft. Projected Cost should match amount set forth in Construction Budget delivered on Initial Project Funding Date.

Note to Draft. Include only for the board member (not including the chairman) that will resign after the delisting of the Company from the NASDAQ.