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The Company shall provide Employee an allowance
for club membership of Four Thousand Dollars ($4,000.00) per year.
| "Four Thousand Dollars ($4,000.00)" | Club Membership Allowance | Allowance Amount |
Following
such amalgamation, XL Bermuda Ltd shall be treated as a permitted
successor to XL Insurance (Bermuda) and XL | "XL Bermuda Ltd" | Successor Entity | Successor Name |
EXHIBIT 10.10
PAYMENT AGREEMENT TO
Penndel land co.
| Penndel land co. | Company Name | Landlord Name |
this "Agreement") dated as of June 30, 2016, by
and among NSA OP, LP, a limited partnership formed under the laws of
| "NSA OP, LP" | Limited Partnership Name | Partnership Name |
Title to and risk of loss of the Crude Oil shall pass from Aron
to the Company at the Crude Delivery Point. | Aron | Title Holder Name | Crude Seller Name |
Joe Burton
President & Chief Executive Officer
Agreed to and accepted:
| Joe Burton | Signatory Name | President and CEO Name |
(ii) workers' compensation
insurance coverage as required by law, together with employers'
liability insurance coverage of at least $1,000,000 each accident | "$1,000,000" | Employer's Liability Limit | Insurance Coverage Requirements |
2
Consolidated Balance Sheets as of June 30, 2012 (unaudited) and
December 31, 2011 2 | "December 31, 2011" | Balance Sheet Date | Consolidated Balance Sheet Date |
Title:
JV JEFFERSONVILLE, LLC,
a Georgia limited liability company
| JV JEFFERSONVILLE, LLC | Company Name | null |
THIS ASSET PURCHASE AGREEMENT (the "Agreement") is made effective as of
the 2nd day of March, 2015 (the "Effective Date"):
BETWEEN
| "2nd day of March, 2015" | Effective Date | Effective Date |
___, and Cardiovascular Systems, Inc., a
Delaware corporation ("Lessee") | "Cardiovascular Systems, Inc." | Lessee Name | Lessee Name |
Approximately fourteen (14) years and eight (8) months, starting on the
Building 1 Lease Commencement Date, and ending at 11:59 PM local time
on the last day of the fifteenth (15^th) | fourteen (14) years and eight (8) months | Term Duration | Lease Term |
Annual cash costs and AISC were $602 and $843 per payable
ounce of gold sold, respectively.
| "$843" | AISC Per Ounce | Annual Cash Costs and AISC |
that has future liability in any calendar
year in excess of $500,000 or its Foreign Currency equivalent on the
date hereof;
(i) | "$500,000" | Future Liability Limit | Liability Excess Amount |
granted less than
one year before the Employee's termination of employment with the
Employer; and
| one year | Grant Period | Termination Deadline |
the Indenture for the 2022
Senior Notes dated as of October 16, 2012, (b) | "October 16, 2012" | Indenture Date | Indenture Date |
The Parties shall
attempt in good faith to settle any Dispute by mutual discussions
within fifteen (15) days after the date that one Party gives notice to
the other Parties of such a Dispute. | "fifteen (15) days" | Dispute Resolution Period | Settlement Period |
Crawford & Company's management will host a conference call with
investors on Thursday, November 4, 2010 at 3:00 p.m. EDT to discuss
earnings and other developments. | "November 4, 2010" | Earnings Call Date | Conference Call Date |
"2019 Senior Notes" means the 7-3/4% senior unsecured notes of the
Borrower due 2019 in an aggregate principal amount of $475,000,000
issued and sold pursuant to the 2019 Senior Notes Documents. | "$475,000,000" | Senior Note Amount | Principal Amount |
Certificated Mortgage Loan (with CVS Corporation as tenant /
multi-property) (rated BBB+)
| CVS Corporation | Tenant Name | Tenant Name |
If a party has materially breached this
Agreement, and such material breach shall continue for sixty (60) days
after written notice of such breach was provided to
^ | "sixty (60) days" | Breach Remediation Period | Notice Period |
his current annual base salary of $437,750 and incentive compensation
pay rates and benefits, including medical, dental and vision benefits. | "$437,750" | Annual Base Salary | Annual Base Salary |
I
LLC, a Delaware limited liability company having its principal office
at c/o Holiday Retirement, 480 N Orlando Ave, Suite 236, Winter Park,
Florida 32789 | "Holiday Retirement, 480 N Orlando Ave, Suite 236, Winter Park,
Florida 32789" | Principal Office Address | Principal Office Address |
Dated as of August 17, 2018
DEUTSCHE BANK SECURITIES INC.,
as sole Lead Arranger and Bookrunner
and
FIFTH THIRD BANK,
as Documentation Agent | DEUTSCHE BANK SECURITIES INC. | Sole Lead Arranger and Bookrunner Name | Lead Arranger and Bookrunner Name |
the
Executive gives written notice to the Company within 60 days of the
date on which the Executive first receives notice of the circumstances
giving rise to the event, (III) | "60 days" | Notice Deadline | Notice Period |
While I am employed by the Company
and for a period of three years following the cessation of my
employment, I agree:
A. | "three years" | Post-Employment Period | Employee Period |
Date: August 28, 2018
LANDLORD: PEARLAND ECONOMIC DEVELOPMENT CORPORATION
| "PEARLAND ECONOMIC DEVELOPMENT CORPORATION" | Landlord Name | Landlord Name |
LESSEE & GUARANTOR:
TECH DATA CORPORATION,
a Florida corporation
| "TECH DATA CORPORATION" | Lessee and Guarantor Name | Lessee and Guarantor Name |
WHEREAS, Sublessor is the tenant under that certain Facility Lease Agreement dated as of January 1, 2013 ( | "January 1, 2013" | Lease Agreement Date | Agreement Date |
"Default Margin" means 200 basis points (2.00%) per annum.
"Depositary" means U.S. Bank National Association, or a successor | "U.S. Bank National Association" | Depositary Name | Depositary Name |
Each change in the Prime Rate shall become effective
at 12:01 a.m. on the day such change becomes effective. | "12:01 a.m." | Effective Time | Effective Time |
Joe Burton
President & Chief Executive Officer
Agreed to and accepted:
| "Joe Burton" | Signatory Name | null |
(f/k/a/ Quinpario Acquisition Corp.), a corporation
organized in the State of Delaware (the "Company"), and the Participant
specified above, pursuant to the Jason Industries, | "Quinpario Acquisition Corp." | Former Company Name | Former Company Name |
the applicable currency, no later than (A) with respect to amounts
denominated in Dollars, 2:00 p.m. | 2:00 p.m. | Due Time | Applicable Deadline |
Effective January 1, 2014, the only position Employee will
hold with the Company is that of Senior Vice President. | "January 1, 2014" | Start Date | Effective Date |
If payment or withholding is not made within 90 days of the event
giving rise to the income tax or such other period specified in Section | "90 days" | Tax Payment Deadline | Tax Payment Deadline |
The Lenders have agreed to make available to the Borrower senior
secured credit facilities in an aggregate principal amount of up to the
lesser of (a) $210,000,000 and | "$210,000,000" | Credit Facility Limit | Senior Secured Credit Facilities Amount |
(collectively, the
"Claims") shall be subject to final and binding arbitration in a
location within 50 miles of your SunPower work location | "50" | Arbitration Radius | Arbitration Location |
HYFI Aquamarine Loan Fund
Industrial and Commercial Bank of China (USA) NA
KKR JP Loan Fund 2015 | "2015" | Loan Fund Year | Year |
Each such notice must be received by the
Administrative Agent not later than (i) 11:00 a.m. on the requested
date of any Borrowings of Base Rate Loans and (ii) | "11:00 a.m." | Borrowing Notice Deadline | Notice Receipt Deadline |
WHEREAS, Executive's full-time service as Chief Human Resources Officer
of the Company will terminate as of May 31, 2017; | "May 31, 2017" | Termination Date | Termination Date |
2^nd Road,
Kaohsiung, 80661, ROC ("Merger Sub") and ISSC Technologies Corp., a
company incorporated and in existence under the laws of the ROC with a
principal place of business at 5F., | ISSC Technologies Corp. | Company Name | Merger Sub and ISSC Technologies Corp. |
EMPLOYMENT AGREEMENT
BETWEEN GUIDO F. SACCHI AND GLOBAL PAYMENTS INC.
| GUIDO F. SACCHI | Employee Name | Employee Name |
By its non-member manager,
FOUNDRY ALCO MANAGER, LLC,
A Rhode Island limited liability company
| "FOUNDRY ALCO MANAGER, LLC" | Non-Member Manager Name | Member Name |
Title: Managing Director
VISTAPRINT USA, INCORPORATED,
as a Borrower
| "VISTAPRINT USA, INCORPORATED" | Borrower Name | Borrower Name |
ALTERNATIVE LESSEE & GUARANTOR:
TECH DATA PRODUCT MANAGEMENT, INC.,
a Florida corporation | "TECH DATA PRODUCT MANAGEMENT, INC." | Alternative Lessee and Guarantor Name | Alternative Lessee and Guarantor Name |
Inc. ("Tenant") for those premises located at 968-970
Stewart Drive, Sunnyvale California ("Premises")
BINDING NOTICE | "968-970
Stewart Drive, Sunnyvale California" | Premises Address | Premises Name |
each a Delaware limited
liability company,
collectively, as Borrowers,
GOLDMAN SACHS SPECIALTY LENDING GROUP, L.P., a Delaware limited
partnership,
as Agent,
and
DON QUIJOTE | "GOLDMAN SACHS SPECIALTY LENDING GROUP, L.P." | Agent Name | Borrower Name |
The
Employee's compensation shall be reviewed on at least an annual basis,
with the first such review occurring no later than January of 2019, and
may be increased in the Board's discretion. | January of 2019 | Review Deadline | Compensation Review Deadline |
if
indicated, the Letter Agreement between the Participant and the Company
dated December __, 2018 (the "Letter Agreement"). | "December __, 2018" | Letter Agreement Date | Agreement Date |
Such Performance Goal(s) shall be set by
a date on or prior to March 15 of the applicable Performance Year (the
"Performance Goal(s) | "March 15" | Performance Goals Due Date | Performance Goal Date |
,
pursuant to which the Issuers issued their 9.75% Senior Notes due 2020
(the "2020 Notes"), of which $224,372,000 aggregate principal amount of | "9.75%" | Note Interest Rate | Principal Amount |
Business Days after the date on which all such conditions have been
satisfied, or (y) on an earlier date after such conditions have been
satisfied that is within thirty (30) | "thirty (30)" | Satisfaction Deadline | Number of Days |
Plantronics, Inc. makes a discretionary employer
contribution of 3% of your base salary on a bi-weekly basis to the
401(k). | Plantronics, Inc. | Employer Name | Employer Name |
The Director's Employment Contract will commence on October 1st, 2015
and is entered into for an indefinite period of time. | "October 1st, 2015" | Employment Start Date | Employment Start Date |
o as of the 53^rd week up to and including the 104^th week of illness,
the Director remains entitled to 70% of the most recent gross basic
salary.
| "70%" | Illness Compensation Percentage | Illness Compensation Percentage |
MASTER LEASE AGREEMENT ("Master Agreement") made as of May 12, 2015,
between VARILEASE FINANCE, INC., a Michigan corporation, | "May 12, 2015" | Agreement Date | Agreement Date |
, the Security Trustee shall, no later than 3:30 p.m., New
York time, on the date of such payment by the Borrower, remit to the
Lender (or as it may direct) | "3:30 p.m., New
York time" | Remittance Deadline | Payment Deadline |
(3) 7-2-031-026 & 028
Gentlemen:
American Savings Bank ("Bank") has approved your request to amend the
$12,500,000.00 term loan made by the Bank to Kaupulehu | "$12,500,000.00" | Loan Amount | Term Loan Amount |
Notwithstanding anything above, if Landlord achieves Milestone 1 on or prior to September 1, 2014, and Tenant does not timely deliver the First Termination Notice as defined in, and provided for, in Section 6(b) of Amendment No. | "September 1, 2014" | Milestone 1 Deadline | Milestone Date |
Name:
James Carlsen, Managing Member
RIEGER INVESTMENTS, LLC,
a Delaware limited liability company
| James Carlsen | Member Name | Signatory Name |
THIS AGREEMENT, effective October 1, 2013 is made by and between The
Andersons, | "October 1, 2013" | Agreement Date | Agreement Date |
Forty-Five and 42/100 Dollars ($45.42) per rentable square foot of the
4th Floor Additional Premises (i.e., an aggregate amount of
$1,040,572.20). | "$1,040,572.20" | Aggregate Amount | Per Square Foot Amount |
ASSET PURCHASE AGREEMENT
AGREEMENT (this "Agreement") dated as of July 10, 2014 among GAIN GTX
Bermuda, Ltd., a Bermuda exempt company ("Buyer"), | "July 10, 2014" | Agreement Date | Agreement Date |
~y of December, 2001, by and between TC
NORTHEAST METRO, INC., a Delaware corporation ("Landlord"), and
MCKESSON AUTOMA | "NORTHEAST METRO, INC." | Landlord Name | Landlord Name |
Beginning June 1, 2016, Tenant shall be responsible for Operating
Expenses through the remainder of the Lease Term.
| "June 1, 2016" | Operating Expense Start Date | Operating Expenses Start Date |
You will be eligible to participate in the
Company's Long-Term Incentive (LTI) program under the Eastman Kodak
Company 2013 Omnibus Incentive Plan (the "Omnibus Plan"). | "2013 Omnibus Incentive Plan" | Plan Name | Plan Name |
TORONTO DOMINION (TEXAS) LLC,
as Agent,
_____________________________________________________________________
TD SECURITIES (USA) LLC,
and
CITIBANK, N.A.
| "TORONTO DOMINION (TEXAS) LLC" | Agent Name | Agent Name |
other
than for Cause, as defined in the Plan) after the Participant has
attained age 62 and has completed ten years of service with the Company
and its Subsidiaries, and | "ten years" | Ten-Year Service | Service Period |
Tenant acknowledges that, as of the date of the Lease, Landlord's sole interest in the foregoing land is pursuant to Landlord's rights as developer under that certain Development and Land Disposition Agreement by and among the City of New Haven, the New Haven Parking Authority and WE Route 34, LLC dated September 1, 2012 (the "DLDA"). | "September 1, 2012" | DLDA Date | Agreement Date |
as if the Employee had continued working for the Company throughout the
twelve (12) month period following the Termination Date (the "Forward
Bonus"). | twelve (12) month | Forward Bonus Period | Termination Period |
In the event that the appointed representatives cannot resolve
the claim or dispute within five (5) business days from the receipt of
| "five (5) business days" | Resolution Deadline | Claim Resolution Period |
Dated as of July 15, 2014
among
CIENA CORPORATION,
as the Borrower,
| "CIENA CORPORATION" | Borrower Name | Borrower Name |
In the event of the Participant's death prior to January 1, 2015, the Award shall be forfeited in its entirety. | "January 1, 2015" | Forfeiture Date | Death Deadline |
Landlord
may change either Landlord's Representative at any time upon not less
than 5 business days advance written notice to Tenant. | 5 business days | Advance Notice Period | Notice Period |
By: Brookwood CB Co., LLC,
a Delaware limited liability company,
its Managing Member
| Brookwood CB Co., LLC | Managing Member Name | Managing Member Name |
(f) "Company" means Halozyme Therapeutics, Inc. and its Affiliates,
except where the context otherwise requires. | Halozyme Therapeutics, Inc. | Company Name | Company Name |
The
parties agree that such advisory and consulting work will not exceed
100 hours during the Consulting Period, without the Executive's prior
written consent. | "100 hours" | Maximum Consulting Hours | Maximum Consulting Hours |
First Amendment to the Management and Servicing Agreement, dated as of
December 28, 2001, between TILC and the Marks Company. | "December 28, 2001" | Amendment Date | Agreement Date |
This task shal-l be completed no late¡ than August 31, 2018 ? | "August 31, 2018" | Completion Deadline | Due Date |
"Equity Agreements and Equity Plans"), which govern exclusively the terms of your equity rights and participation in such agreements and plans, except that any stock options exercisable immediately prior to the cessation of your employment will remain exercisable until December 31, 2016. | "December 31, 2016" | Stock Options Excercisable Until Date | Expiration Date |
__________________________________________________________________
Award and Restricted Stock Unit Agreement, dated November 19, 2014 | "November 19, 2014" | Award Date | Agreement Date |
Consolidated Statements of Cash Flows (unaudited) for the Six
Months Ended June 30, 2012 and 2011 | Six
Months | Period End Date | Period of Coverage |
The aforesaid term shall not exceed the authorized
term of land use and not exceed 20 years. | "20 years" | Maximum Term | Term of Land Use |
fair value would result in a change in the fair value of
securities that are classified as Level 3 of approximately $721 as of
June 30, 2012.
| "$721" | Fair Value Change | Fair Value Change |
ASSET PURCHASE AGREEMENT
AGREEMENT (this "Agreement") dated as of July 10, 2014 among GAIN GTX
Bermuda, Ltd., a Bermuda exempt company ("Buyer"), | "July 10, 2014" | Agreement Date | Agreement Date |
declared
effective by the SEC on February 5, 2016,, with an expiration date of
February 5, 2019. | "February 5, 2016" | Effective Date | Effective Date |
Supervalu Inc.'s
6.75% Senior Notes due June 1, 2021 and (4) Supervalu Inc.'s 7.75%
| "June 1, 2021" | Maturity Date | Note Expiration Date |
If the Minimum
Sales Targets during the Initial Period are not met, TomTom shall be
entitled to terminate this Agreement on providing LoJack with ninety
(90) days' previous written notice. | "ninety
(90) days" | Termination Notice Period | Notification Period |
The participant acknowledges receipt of the Delta Apparel, Inc. 2010
Stock Plan (the "Plan"), of the Company. | "Delta Apparel, Inc. 2010
Stock Plan" | Plan Name | Plan Name |
Dated October 11, 2011 by and between
FOUR-IN-ONE ASSOCIATES ("LESSOR") AND
ENDOLOGIX, INC. | "FOUR-IN-ONE ASSOCIATES" | Lessor Name | Lessor Name |
Executive shall receive a base salary at an annual
rate of $440,000, payable in equal installments in accordance with the
Company's normal payroll practices. | "$440,000" | Annual Salary | Salary |
its 5.500% Senior Notes due 2022 (the "2022 Notes") and $800,000,000
principal amount of its 5.875% Senior Notes due 2025 (the "2025 Notes"
and, together with the 2022 Notes, the "Securities"). | "2025" | Note Year | Note Name |
If the Landlord Work does not Start on or before January 31, 2014, which date is subject to extension for Tenant Delay and Construction Force Majeure, then Landlord shall be obligated to pay the Tenant $2,000,000 as liquidated damages and not a penalty (the parties having agreed (i) that the nature and extent of Tenant's damages are difficult to ascertain, and (ii) to liquidate the sums payable at an amount reasonably estimated to make Tenant whole) as follows (the "Construction Start Payment"): | "January 31, 2014" | Construction Start Deadline | Construction Start Date |
WHEREAS, Executive is resigning as a Director on the Company's Board of
Directors effective October 5, 2015; and
WHEREAS, | "October 5, 2015" | Resignation Date | Resignation Date |
"Excluded Subsidiary" means Chicago Lakeside Development LLC,
U. S. Steel Canada Inc. ("U. S. Steel Canada") and each Subsidiary of
| "Chicago Lakeside Development LLC" | Excluded Subsidiary | Excluded Subsidiary Name |
If on or prior to September 1, 2014, Landlord does not achieve Milestone 1 due to a combination of Construction Force Majeure, Tenant Delay and/or any Other Delays, then the responsibility for the damages that would have otherwise applied under the preceding subparagraph 13(j)(i)(3) will be allocated between the parties in which each party is attributed (x) its respective share of delays other than Construction Force Majeure delays (i.e., Tenant is attributed a proportion equal to each day of Tenant Delay divided by the sum of all delays other than Construction Force Majeure delays, and Landlord attributed a proportion equal to all Other Delays divided by the sum of all delays other than Construction Force Majeure delays) plus (y) an additional share equal to 50% of the Construction Force Majeure delays. | "September 1, 2014" | Allocation Deadline Date | Milestone Date |
Landlord shall have the right to terminate the Lease upon thirty (30) days' notice if, solely due to Construction Force Majeure, Landlord represents in writing to Tenant that Landlord believes it is reasonably highly likely that Landlord will not achieve Delivery Condition by June 1, 2017, despite using commercially reasonable efforts. | "thirty (30) days" | Termination Notice Period | Termination Notice Period |
The average of these
assets for each period are as follows: $2.0 billion in Q2 2017, $2.2
billion in Q3 2017, $2.4 billion in Q4 2017, $2.3 billion in Q1 2018
and $2.3 billion in Q2 2018. | "$2.3 billion" | Average Asset Amount | Average Assets |
/s/ DAGMAR DOLBY
DAGMAR DOLBY, as Trustee of the
Ray Dolby 2002 Trust B dated | "DAGMAR DOLBY" | Trustee Signature | Trustee Name |