In Exhibit Sample Clauses

In Exhibit. H". If Seller has not furnished Buyer such written representation by the Construction Drawdown Date, Buyer's obligation to provide the letter of credit shall be suspended until five (5) Days following Buyer's receipt of Seller's written representation. Within five (5) Days of Buyer's receipt of Seller's written representation that the FERC has approved Transporter(s)' application(s) to furnish Seller additional firm transportation capacity on their systems which, when in service together with other transportation capacity available to Seller, will be sufficient to permit Seller to render firm delivery service for the Contract Quantity hereunder in accordance with the terms of this Agreement, Buyer shall provide Seller an additional irrevocable letter of credit in the amount of [*], as further security for Buyer's potential [*] reimbursement obligation. A copy of Seller's written representation is attached hereto and made a part hereof as Letter No. 2 in Exhibit "H". Within five (5) Days of Buyer's receipt of Seller's written representation that it is prepared to render Buyer firm transportation service of the Contract Quantity on a year-round basis in accordance with the terms of this Agreement, Buyer shall provide Seller an additional irrevocable letter of credit in the amount of [*], as final security for Buyer's potential [*] reimbursement obligation. Upon the receipt of such letter of credit, Seller shall have the obligation to provide firm transportation of the Contract Quantity on the later of the Requested Service Date or the date such letter of credit is furnished, as provided in this Agreement. A copy of Seller's written representation is attached hereto and made a part hereof as Letter No. 3 in Exhibit "H". The conditions imposed for Buyer's posting of the [*] letter of credit must be satisfied before Buyer is required to furnish the other letters of credit hereunder. Likewise, the conditions imposed for Buyer's posting of the [*] letter of credit must be satisfied before Buyer is required to furnish the last letter of credit hereunder. If Buyer fails to reimburse Seller monthly for the [*] in accordance with paragraph 3.8, Seller may draw upon the letter(s) of credit for the amounts due but not paid. Buyer shall have no obligation to maintain any balance under the letter(s) of credit thirty (30) Days after the Date of Commercial Operation of the Facility. Prior to the Date of Commercial Operation of the Facility, Buyer shall have no obligation t...
In Exhibit. A" TO MCAFEE OEM SOFTWARE LICENSE AGREEMENT - Section 1 - for the VirusScan for Win 3.1, Win95 and NT Product Name replace the Version "3.0" with the words "Each version released during the term of the Agreement for Microsoft Windows platforms."
In Exhibit. C to the Rights Agreement, the reference in Section 4 to the expiration date of the Rights that is presently enumerated as “September 20, 2019” is hereby amended to change the expiration date of the Rights to “September 20, 2022”.
In Exhibit. A to Employment Agreement of Jeffrey A. Graves, in the first sentence of Section III(a), delete the following: "(or as of the first business day after the period in which the Executive would have otherwise incurred adverse tax consequences under Section 409A of the Internal Revenue Code if such payment is made within such period)"
In Exhibit. C to the Rights Agreement, all references toSeptember 20, 2016” are amended and restated in their entirety so that such references read “September 20, 2019.”
In Exhibit. A" to the Lease. The employee kitchen shall have an entrance from the main hall way and shall be furnished with equipment and fixtures determined appropriate for the size and configuration of the kitchen, as determined by Landlord, in Landlord's reasonable discretion.

Related to In Exhibit

AMENDED EXHIBIT A The Fund Accounting Agreement is hereby amended by changing the Entity Type of T. Rowe Price Diversified Mid-Cap Growth Fund, Inc., T. Rowe Price GNMA Fund, T. Rowe Price Government Money Fund, Inc., and T. Rowe Price Tax-Exempt Money Fund, Inc. to Mutual Fund – Parent; by adding T. Rowe Price Retirement Income 2020 Fund as a Mutual Fund – Series on behalf of T. Rowe Price Retirement Funds, Inc.; by changing the name of T. Rowe Price Global Unconstrained Bond Fund to T. Rowe Price Dynamic Global Bond Fund on behalf of T. Rowe Price International Funds, Inc.; by changing the name of T. Rowe Price International Growth & Income Fund to T. Rowe Price International Value Equity Fund on behalf of T. Rowe Price International Funds, Inc.; and by adding T. Rowe Price U.S. High Yield Fund on behalf of T. Rowe Price High Yield Fund, Inc.
TABLE OF EXHIBITS Exhibit A-1 Form of Class A-1 Certificate Exhibit A-2 Form of Class A-2 Certificate Exhibit A-3 Form of Class A-3 Certificate Exhibit A-4 Form of Class A-SB Certificate Exhibit A-5 Form of Class A-4 Certificate Exhibit A-6 Form of Class A-5 Certificate Exhibit A-7 Form of Class A-M Certificate Exhibit A-8 Form of Class B Certificate Exhibit A-9 Form of Class C Certificate Exhibit A-10 Form of Class D Certificate Exhibit A-11 Form of Class E-RR Certificate Exhibit A-12 Form of Class F-RR Certificate Exhibit A-13 Form of Class G-RR Certificate Exhibit A-14 Form of Class X-A Certificate Exhibit A-15 Form of Class X-B Certificate Exhibit A-16 Form of Class X-D Certificate Exhibit A-17 Form of Class S Certificate Exhibit A-18 Form of Class R Certificate Exhibit A-19 Form of Class V2 Certificate Exhibit A-20 Form of Class V1-A1 Certificate Exhibit A-21 Form of Class V1-A2 Certificate Exhibit A-22 Form of Class V1-A3 Certificate Exhibit A-23 Form of Class V1-ASB Certificate Exhibit A-24 Form of Class V1-A4 Certificate Exhibit A-25 Form of Class V1-A5 Certificate Exhibit A-26 Form of Class V1-AM Certificate Exhibit A-27 Form of Class V1-B Certificate Exhibit A-28 Form of Class V1-C Certificate Exhibit A-29 Form of Class V1-D Certificate Exhibit A-30 Form of Class V1-E Certificate Exhibit A-31 Form of Class V1-F Certificate Exhibit A-32 Form of Class V1-G Certificate Exhibit B Mortgage Loan Schedule Exhibit C-1 Form of Transferee Affidavit Exhibit C-2 Form of Transferor Letter Exhibit C-3 Form of Transferee Certificate for Transfers of HRR Certificates Exhibit C-4 Form of Transferor Certificate for Transfers of HRR Certificates Exhibit C-5 Form of Transferee Certificate for Transfers of Class V1 or Class V2 Certificates Exhibit C-6 Form of Transferor Certificate for Transfers of Class V1 or Class V2 Certificates Exhibit D-1 Form of Investment Representation Letter Exhibit D-2 Form of ERISA Representation Letter Exhibit E Form of Request for Release Exhibit F Securities Legend Exhibit G Form of Regulation S Transfer Certificate Exhibit H Form of Transfer Certificate for Exchange or Transfer from Rule 144A Global Certificate to Regulation S Global Certificate during the Restricted Period Exhibit I Form of Transfer Certificate for Exchange or Transfer from Rule 144A Global Certificate to Regulation S Global Certificate after the Restricted Period Exhibit J Form of Transfer Certificate for Exchange or Transfer from Regulation S Global Certificate to Rule 144A Global Certificate during the Restricted Period Exhibit K Form of Distribution Date Statement Exhibit L-1A Form of Investor Certification for Non-Borrower Party and/or Risk Retention Consultation Party (for Persons other than the Controlling Class Representative and/or a Controlling Class Certificateholder) Exhibit L-1B Form of Investor Certification for Non-Borrower Party (for the Controlling Class Representative and/or a Controlling Class Certificateholder) Exhibit L-1C Form of Investor Certification for Borrower Party (for Persons other than the Controlling Class Representative, the Risk Retention Consultation Party and/or a Controlling Class Certificateholder) Exhibit L-1D Form of Investor Certification for Borrower Party (for the Controlling Class Representative and/or a Controlling Class Certificateholder) Exhibit L-1E Form of Notice of Excluded Controlling Class Holder Exhibit L-1F Form of Notice of Excluded Controlling Class Holder to Certificate Administrator Exhibit L-1G Form of Certification of the Controlling Class Representative Exhibit L-1H Form of Certification of the Risk Retention Consultation Party Exhibit L-2 Form of Financial Market Publisher Certification Exhibit M Form of Notification from Custodian Exhibit N-1 Form of Closing Date Custodian Certification Exhibit N-2 Form of Post-Closing Custodian Certification Exhibit O Form of Trustee Backup Certification Exhibit P Form of Custodian Backup Certification Exhibit Q Form of Certificate Administrator Backup Certification Exhibit R Form of Operating Advisor Backup Certification Exhibit S [Reserved] Exhibit T Form of Master Servicer Backup Certification Exhibit U Form of Special Servicer Backup Certification Exhibit V Form of Sub-Servicer Backup Certification Exhibit W Form of Sarbanes Oxley Certification Exhibit X Mortgage Loan Seller Sub-Servicers Exhibit Y [Reserved] Exhibit Z Form of NRSRO Certification Exhibit AA-1 Form of Transferor Certificate for Transfer of the Excess Servicing Fee Rights Exhibit AA-2 Form of Transferee Certificate for Transfer of the Excess Servicing Fee Rights Exhibit BB Form of Operating Advisor Annual Report Exhibit CC Additional Disclosure Notification Exhibit DD Form of Power of Attorney to the Master Servicer and Special Servicer Exhibit EE Form of Non-Serviced Mortgage Loan Notification Exhibit FF Form of Companion Loan Noteholder Certification Exhibit GG [Reserved] Exhibit HH Form of Asset Review Report by the Asset Representations Reviewer Exhibit II Form of Asset Review Report Summary by the Asset Representations Reviewer Exhibit JJ-1 Asset Review Procedures for GACC Exhibit JJ-2 Asset Review Procedures for JPMCB Exhibit KK Form of Certification to Certificate Administrator Requesting Access to Secure Data Room Exhibit LL Form of Notice of [Additional Delinquent Mortgage Loan][Cessation of Delinquent Mortgage Loan][Cessation of Asset Review Trigger] Exhibit MM Form of Certificate Administrator Receipt of the Retained Certificates Exhibit NN Form of Notice of Exchange of Exchangeable Groups of Certificates TABLE OF SCHEDULES Schedule I Directing Holders Schedule II Servicing Criteria to be Addressed in Assessment of Compliance Schedule III Class A-SB Planned Principal Balance Schedule Schedule IV Additional Form 10-D Disclosure Schedule V Additional Form 10-K Disclosure Schedule VI Form 8-K Disclosure Information Schedule VII Initial Serviced Companion Loan Noteholders Schedule VIII Contact Information for the Other 17g-5 Information Provider Schedule IX Mortgage Loans With “Performance”, “Earn-Out” or “Holdback” Escrows or Reserves exceeding 10% of the Stated Principal Balance of the Mortgage Pool as of the Cut-off Date Pooling and Servicing Agreement, dated as of June 1, 2017, between Deutsche Mortgage & Asset Receiving Corporation, as Depositor, Midland Loan Services, a Division of PNC Bank, National Association, as Master Servicer and Special Servicer, Wells Fargo Bank, National Association, as Trustee, Certificate Administrator, Paying Agent and Custodian, and Pentalpha Surveillance LLC, as Operating Advisor and Asset Representations Reviewer.
LIST OF EXHIBITS AND SCHEDULES Exhibit A Revolver Note Exhibit B Assignment and Acceptance Exhibit C Assignment Notice Schedule P-1 Investments Schedule 1.1 Commitments of Lenders Schedule 7.3.1 Real Estate Collateral Schedule 8.5 Deposit Accounts Schedule 8.6.1 Business Locations Schedule 9.1.4 Names and Capital Structure Schedule 9.1.11 Patents, Trademarks, Copyrights and Licenses Schedule 9.1.14 Environmental Matters Schedule 9.1.15 Restrictive Agreements Schedule 9.1.16 Litigation Schedule 9.1.18 Pension Plans Schedule 9.1.20 Labor Contracts Schedule 10.2.2 Existing Liens Schedule 10.2.17 Existing Affiliate Transactions LOAN AND SECURITY AGREEMENT THIS LOAN AND SECURITY AGREEMENT is dated as of October 27, 2009, among HEADWATERS CONSTRUCTION MATERIALS, INC., a Utah corporation (“HCM”), TAPCO INTERNATIONAL CORPORATION, a Michigan corporation (“Tapco”), HEADWATERS RESOURCES, INC., a Utah corporation (“HRI”, and together with HCM, Tapco, and each of HRI’s, HCM’s and Tapco’s Subsidiaries identified on the signature pages hereof, each individually a “Borrower”, and collectively, the “Borrowers”), the financial institutions party to this Agreement from time to time as lenders (collectively, “Lenders”), and BANK OF AMERICA, N.A., a national banking association, as administrative agent for the Lenders (in such capacity, “Agent”) and as sole lead arranger.
Amendment to Exhibit A The following defined term set forth in Section (nn) of Exhibit A to the Merger Agreement is hereby deleted in its entirety and replaced in its entirety with the following:
LIST OF EXHIBITS List below all exhibits filed as a part of this statement of eligibility and qualification.
Headings and Exhibits The headings herein are for purposes of references only and shall not otherwise affect the meaning or interpretation of any provision hereof. The schedules and exhibits attached hereto and referred to herein shall constitute a part of this Agreement and are incorporated into this Agreement for all purposes.
Headings; Exhibits The Section headings in this Agreement are included herein for convenience of reference only and shall not constitute a part of this Agreement for any other purpose. The Exhibits attached hereto, are hereby incorporated by reference as a part of the Agreement with the same force and effect as if set forth in the body hereof.
Amendment of Exhibit A Upon the admission of a Substituted Limited Partner, the General Partner shall amend Exhibit A to reflect the name, address, number of Partnership Units, and Percentage Interest of such Substituted Limited Partner and to eliminate or adjust, if necessary, the name, address and interest of the predecessor of such Substituted Limited Partner.
Express Waiver: I desire to expressly waive any claim of confidentiality as to any and all information contained within our response to the competitive procurement process (e.g. RFP, CSP, Bid, RFQ, etc.) by completing the following and submitting this sheet with our response to Education Service Center Region 8 and TIPS. Signature Date
Headings and Table of Contents The inclusion of headings and a table of contents in this Agreement are for convenience of reference only and will not affect the construction or interpretation hereof.