WHERXXX xx xxx xxxxxxx xxxxxx xx xxx xxxxxxxx, the Seller purchases certain retail installment sale contracts secured by new and used automobiles and light duty trucks from motor vehicle dealers.
WHERXXX xxx Xxxx is registered with the Securities and Exchange Commission ("SEC") as an open-end management investment company under the Investment Company Act of 1940, as amended (the "1940 Act"); and
WHERXXX. Xxxxxxxx xx xn important and valuable contributor to the Company and the Company deems it to be in its interest and in the interest of its shareholders to secure the services of Optionee for the Company or such of its subsidiary companies as may be designated by the Company; and
WHERXXX. XXX xx xxx sole owner of the Licensed Patent Rights (as hereinafter defined) and has developed and is the sole owner of the Proprietary Information (as hereinafter defined) covering and/or relating to the Licensed Processes (as hereinafter defined); and
WHERXXX on the date hereof, the Assignor is transferring all of its right, title and interest in and to the Mortgage Loans to BAFC;
WHERXXX xxx Xxxxxal Partner desires to correct the description of the March 15, 1997 assignment by FW-Irving Partners, Ltd. set forth in the Recitals to the Fourteenth Xxxxxxxxt to the First Amended Agreement, dated as of April 30, 1997, to read as follows: FW-Irving Partners, Ltd. assigned legal title to its entire 1.176019% Xxxxxxx Partnership Interest (including 635,668 Partnership Units) to its partners as follows: (i) a .001177% Limited Partnership Interest, including 636 Partnership Units, to Rainwater, Inc., (ii) a .704906% Limited Partnership Interest, including 381,020 Partnership Units, to John C. Goff, and (iii) a .469936% Limited Partnership Interest, incxxxxxx 000,012 Partnership Units, to Gerald W. Haddock;
WHERXXX. Xxxxx xx xxxxxxx xx xxx xxxxxxxx xx xeveloping, producing and marketing premium motorcycles of heavyweight "cruiser" class; and
WHERXXX xxx Xxxxx xx xxxxxxxxxx xx xxxxx xxxxes in separate series, with each such series representing interests in a separate portfolio of securities and other assets, and is authorized to divide those series into separate classes;
WHERXXX the Partners deem it to be in their best interest to amend and restate the Original Agreement, as amended by the First Amendment, in accordance with the Act and this Agreement.
WHERXXX xxx Stockholder desires to exchange the Technest Shares for shares of Markland Preferred, subject to the terms and conditions set forth herein;
