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[forty-five (45)] calendar days
to discuss the Waiver and Release with a lawyer of his choice before
signing it | "[forty-five (45)] calendar days" | Legal Consultation Period | Legal Consultation Period |
(the "Extended Term
Commencement Date"), and expiring on October 31, 2024 (the "Extended
Expiration Date"), unless sooner terminated in accordance with the
terms of the Lease. | "October 31, 2024" | Extended Expiration Date | Expiration Date |
Ben Minicucci, Chief Executive Officer, Virgin America Inc. 19300
International Boulevard Seattle, WA 98188 with a copy to: Alaska
| "19300
International Boulevard Seattle, WA 98188" | CEO Address | CEO Address |
In order for this Agreement to become effective, Employee must deliver
to Employer (to the attention of Michelle Oborn, VP Human Resources at
| "Michelle Oborn" | VP Human Resources | Signatory Name |
X.
Republic Airways Holdings Inc. ("Parent") shall execute and deliver a
guaranty of Contractor's obligations under the Agreement in the form
attached hereto as Exhibit A. | "Republic Airways Holdings Inc." | Parent Guarantor | Guarantor Name |
If given to Tenant the same shall be directed to
Tenant at 64 Sidney Street, Cambridge, Massachusetts 42139,
| "64 Sidney Street, Cambridge, Massachusetts 42139" | Tenant Address | Tenant Address |
I had 21 days from my receipt of this Release within which to
consider whether or not to sign it;
5. | "21 days" | Consideration Period | null |
("Amendment") is dated as of October 14, 2016
("Effective Date") by and between ADDVANTAGE TECHNOLOGIES GROUP, INC., | ADDVANTAGE TECHNOLOGIES GROUP, INC. | Company Name | Effective Date |
four (4) weeks paid vacation each calendar year, subject
to the Company's vacation policies as may exist from time to time.
| "four (4) weeks" | Vacation Duration | Vacation Period |
_________________________________________________________________
being made and accepted for a fixed term of ten (10) years and four (4)
months. | "ten (10) years and four (4)
months" | Fixed Term Length | Term of Agreement |
Walker shall vest in any
time-based RSUs with a vesting date on or before February 1, 2014 on
the Effective Termination Date or the date the RSUs would vest under
| "February 1, 2014" | Vesting Date | Vesting Date |
Name:
James Carlsen, Managing Member
RIEGER INVESTMENTS, LLC,
a Delaware limited liability company | "James Carlsen" | Managing Member | Member Name |
and you, dated January 19, 2017 (the "Executive Agreement") if a Change
in Control (as defined in the Executive Agreement) has occurred by your
last day of employment with the Company | "January 19, 2017" | Agreement Date | Employment Agreement Date |
and, if she executes such
general release agreement, shall have seven (7) days after execution of
such general release agreement to revoke such general release
agreement. | "seven (7) days" | Revocation Period | Revocation Deadline |
On behalf of Aon plc (the "Company"), I am writing to confirm your
service as a Non-Executive Director of the Company (the "Appointment")
with effect from the date hereof. | "Aon plc" | Company Name | Company Name |
as a Borrower,
THE SUBSIDIARIES OF CUMULUS MEDIA NEW HOLDINGS INC.
PARTY HERETO,
as Borrowers,
CERTAIN LENDERS,
DEUTSCHE BANK AG NEW YORK BRANCH, | "THE SUBSIDIARIES OF CUMULUS MEDIA NEW HOLDINGS INC." | Borrower Name | Subsidiary Name |
Title: Executive Vice President
LESSEE:
EMERITUS CORPORATION,
a Washington corporation
| "EMERITUS CORPORATION" | Lessee Name | Lessee Name |
In the absence of manifest error, the statement is
conclusive as to the amount stated and the Tenant must make payment
within seven (7) days from the date of the Landlord's statement;
| "seven (7) days" | Payment Deadline | Payment Deadline |
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" | Agreement Date | Agreement Date |
In the event, by agreement or as a result of an arbitration decision,
it is determined that the actual Recognized Expenses exceeded those
claimed by the Landlord by more than ten percent (10%), | "ten percent (10%)" | Expense Variance Percentage | Actual Recognized Expenses Excess Percentage |
This Settlement Agreement is entered into as of this 13th day of
February 2015 (the "Effective Date") among Johnson & Johnson ("J&J"),
| "13th day of
February 2015" | Effective Date | Effective Date |
, SYMMES TOWNSHIP, OH 45249 AND POSTMARKED WITHIN SEVEN (7)
CALENDAR DAYS | "SEVEN (7)
CALENDAR DAYS" | Postmark Deadline | Calendar Days |
Title: MD
CANADIAN IMPERIAL BANK OF COMMERCE, NEW YORK BRANCH, as a Lender
| "CANADIAN IMPERIAL BANK OF COMMERCE, NEW YORK BRANCH" | Lender Name | Lender Name |
from the projects, shall be
less then forty percent (40%), plus two percent (2%) over the
adjustment for the increase in inflation. | "two percent (2%)" | Inflation Adjustment Percentage | null |
Evergreen Packaging International S.à r.l., formerly Evergreen
Packaging International B.V. (the "Pledgor")
| "Evergreen
Packaging International B.V." | Pledgor Name | Pledgor Name |
"Pan Am Purchaser" shall mean Don Quijote (USA) Co., Ltd., a Hawaii
corporation. | "Don Quijote (USA) Co., Ltd." | Purchaser Name | Purchaser Name |
the seven (7) day period, Employee's acceptance of this General Release
shall become binding and enforceable on the eighth day (the "Effective
Date").
| "seven (7) day" | Acceptance Period | Period of Employment |
THIS AGREEMENT is made and entered into as of the 28^th of March, 2013,
by and between Arrhythmia Research Technology, | "28^th of March, 2013" | Agreement Date | Agreement Date |
2011 grant and the August 15, 2011 grant as determined by
the HR Committee's certification of satisfaction of the applicable
performance objectives for the Company. | "August 15, 2011" | Grant Date | Grant Date |
(London, England time) two (2) Business Days prior to such Index Rate
Determination Date. | two (2) Business Days | Prior Period | London, England Index Rate Determination Date |
Within the Xerium Group, Mr. Weimer's title shall be President of
Europe, with his regular place of work being his home office in | Xerium Group | Company Name | European President Name |
Tenant may change Tenant's Representative at any time
upon not less than 5 business days | "5 business days" | Change Notice Period | Change Notice Period |
If such accounting firm concludes that additional
royalties were owed during the audited period, Quest Diagnostics shall
pay such additional royalties within thirty (30) days of the date
| "thirty (30) days" | Payment Deadline | Payment Deadline |
This Consulting Agreement ("Agreement"), made and entered into this 1st
day of August, 2015 by and between NUTRAFUELS, (NTFU) | 1st
day of August, 2015 | Agreement Date | Effective Date |
Inc. (the "Company"), and Terence E. Winters, an individual
("Consultant") | "Terence E. Winters" | Consultant Name | Consultant Name |
the first Lease Year
during the term of this Lease shall commence on the Commencement Date
and end on the next following December 31 and the last Lease Year | "December 31" | Lease Year End Date | Lease End Date |
April 1, 2014, if the Landlord Work has not yet achieved its Start, Landlord agrees that it will not Start the Landlord Work without first providing Tenant with at least five (5) business days' advance written notice of the anticipated Start Date and, upon receipt of such notice | "five (5) business days" | Notice Period | Notice Period |
Each of the Borrower and the Administrative Agent hereby agrees that Section 2.9(f) of the Credit Agreement is hereby amended by replacing the part therein that reads "26,786,952.40" with "21,876,238.12" and that such amendment shall be deemed to be effective on and as of March 2, 2017. | "March 2, 2017" | Amendment Effective Date | Amended Date |
the Borrower and NATIONAL STORAGE AFFILIATES TRUST, a Maryland real
estate investment trust ("NSA REIT" or the "Parent Guarantor"). | "NATIONAL STORAGE AFFILIATES TRUST" | Parent Guarantor Name | Parent Guarantor Name |
[see attached]
FATD-H LLC,
a Delaware limited liability company
| FATD-H LLC | Company Name | Company Name |
, (v) the Allowance with respect to 4 North is hereby
increased to Forty-Five and 42/100 Dollars ($45.42) per rentable square
foot of 4 North (i.e., an aggregate amount of $1,680,903.36), and | "Forty-Five and 42/100 Dollars ($45.42)" | Per Square Foot Amount | Allowance Amount |
and was then informed that Employee had forty-five (45) days within
which to consider this Agreement and 5 | "forty-five (45) days" | Consideration Period | Consideration Period |
(the "Existing Lenders") have entered into that certain Credit
Agreement, dated as of July 1, 2014 (as amended and in effect on | "July 1, 2014" | Credit Agreement Date | Credit Agreement Date |
in one (1) tax year of the
Executive (the "Executive Tax Year") shall not affect the amount of
such benefits to be provided in any other Executive Tax Year. | "one (1) tax year" | Tax Year Duration | Tax Year Restriction |
, statement of changes in equity and statement of cash flows for
the year ended on the Accounts Date of the Company;
"Accounts Date" means 31 December 2014;
| "31 December 2014" | Accounts Date | Accounts Date |
This First Amendment of a Change in Control Agreement ("First
Amendment") is made and effective as of this 13^th day of September,
2018, by and between FIRST CHOICE BANK ("Bank"), | "13^th day of September,
2018" | Amendment Date | Effective Date |
The Normal Termination Date and the
post-termination exercise periods set forth in Section 3(c) shall be
tolled by one business day for each business day that the exercise of
| "one business day" | Exercise Extension Period | Tolling Period |
96 months commencing on: where the TOP has already been issued: 02 June
2014 (the `Commencement Date'). | "02 June
2014" | Commencement Date | Commencement Date |
(the "2016 Notes", and together with the Floating Rate Notes
and the 2014 Notes, the "Notes")/8.25% Senior Notes due 2019 (the | "2019" | Maturity Year | Note Date |
(1) three (3) Business Days prior to any date of such
prepayment; (b) any prepayment shall be in a principal amount of
$5,000,000 or a whole multiple of $1,000,000 in excess thereof | "$5,000,000" | Prepayment Amount | Prepayment Amount |
Initial Premises (herein so called) of 39,742 square feet
situated in Suite 200 on the 2nd floor of the Building
B. | "39,742" | Square Footage | Premises Square Feet |
Arch Capital Group
Ltd. (the "Company"), a Bermuda company, and David McElroy (the
"Employee"). | David McElroy | Employee Name | Employee Name |
The increased LTI target of 175%
will be effective with the November, 2017 annual award. | "175%" | LTI Target Increase | Increased LTI Target |
Each RSU represents a right to a future payment of one share ("Share")
of Common Stock ($0.01 par value) of the Company, subject to required
tax withholding. | "$0.01" | Common Stock Par Value | null |
This instrument is an indenture of lease by and between Schrafft Center
LLC, a Massachusetts limited liability company ("Landlord") and
IntraLinks, Inc., a Delaware corporation ("Tenant"). | "Schrafft Center
LLC" | Landlord Name | Landlord Name |
THIS AGREEMENT AND PLAN OF MERGER AND REORGANIZATION (the "Agreement")
is made and entered into on January 16, 2013, by and among Clear System
Recycling, Inc., a Nevada corporation ("Parent"), | "Clear System
Recycling, Inc." | Parent Company | Parent Name |
If to the Corporation:
Kristy Berner, Esq.
General Counsel
First Niagara Financial Group, | First Niagara Financial Group | Company Name | Corporation Address |
During May 2011, the Company sold one of its commercial mortgage-backed
securities investments (WBCMT 2006-C27, Class C). | "May 2011" | Sale Date | Sale Date |
All notices to or demands upon
Landlord or Tenant mailed by registered or certified mail, return
receipt requested, shall be deemed served two (2) business days after
| two (2) business days | Deemed Served Period | Service Period |
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 Achievement Date | Milestone Date |
herein, calculated based on the Participant's base salary received
during the shortened Performance Period (that commenced on January 1,
2017, and ended on the date of the Change of Control) | January 1,
2017 | Performance Period Commencement Date | Performance Period Start Date |
_____________________ shares of Stock, par value $0.001 per share, of
Halozyme Therapeutics, Inc., a Delaware corporation (the "Company"). | "$0.001" | Stock Par Value | Stock Par Value |
$94,062.00
2/1/22 - 1/31/23
$31.50
$97,146.00
2/1/23 - Termination Date
$32.50
| "2/1/23" | Termination Date Start | Termination Date |
My commission expires: April 16, 2015 | "April 16, 2015" | Commission Expiration Date | Expiration Date |
the Board to writing within 30 days of the Effective Date and by
February 15th of each year thereafter. | 30 days | Notification Deadline | Writing Deadline |
company (the "Landlord") and LUNA INNOVATOINS INCORPORATED, a Delaware
corporation (the "Tenant"). | "LUNA INNOVATOINS INCORPORATED" | Tenant Name | Tenant Name |
Richardson TX 75080 and World Wrestling Entertainment, Inc., a Delaware corporation ("Purchaser"), having a principal address of 1241 East Main Street, Stamford, CT 06902. | 1241 East Main Street, Stamford, CT 06902 | Purchaser Address | Purchaser Address |
and
BRANCH BANKING AND TRUST COMPANY,
as Co-Syndication Agents,
REGIONS CAPITAL MARKETS,
a division of Regions Bank,
as Lead Arranger and Book Manager
DMSLIBRARY01:26152202.7 | "REGIONS CAPITAL MARKETS" | Lead Arranger and Book Manager | Lead Arranger and Book Manager Name |
For the period following the Effective Date and through December 31, 2015 (the "Non-Competition Period"), Employee shall not, directly or indirectly, without the prior written consent of the CEO, own, manage, operate, join, control, be employed by, consult with or participate in the ownership, management, operation or control of, or be connected with (as a stockholder, partner, or otherwise), any entity listed on Appendix A attached to this Agreement, or any of their current or future divisions, subsidiaries or affiliates (whether majority or minority owned), even if said division, subsidiary or affiliate becomes unrelated to the entity on Appendix A at some future date, or any other entity engaged in a business that is competitive with the Company ("Competing Entity"); provided, however, that the "beneficial ownership" by Employee, either individually or by a "group" in which Employee is a member (as such terms are used in Rule 13d of the General Rules and Regulations under the Securities Exchange Act of 1934, as amended (the "Exchange Act")), of less than two percent (2%) of the voting stock of any publicly held corporation shall not be a violation of this Paragraph. | "December 31, 2015" | Non-Competition Period | Non-Competition Period End Date |
, the Committee shall
certify the results and shall deliver to Executive 50% of the number of
whole number of the shares of Company Common Stock, if any, that vested | "50%" | Vesting Percentage | Stock Issuance Percentage |
LENDERS:
BANK OF AMERICA, N.A., a Lender, Swing Line Lender and L/C Issuer | "BANK OF AMERICA, N.A." | Lender Name | Lender Name |
no later than 12:00 Noon
Company's local time of its intent to pay by wire and funds received
after 3:00 p.m. Company's local time shall be credited on the next
business day. | "3:00 p.m. Company's local time" | Wire Transfer Deadline | Wire Transfer Deadline |
________________________________________________________________
BANK OF AMERICA, N.A.,
as Administrative Agent
| "BANK OF AMERICA, N.A." | Administrative Agent Name | Administrative Agent Name |
the actual,
reasonable hourly costs to Tenant of Tenant's audit (including legal
and accounting costs) shall be reimbursed by Landlord to Tenant within
thirty (30) days of determination. | "thirty (30) days" | Reimbursement Period | Reimbursement Period |
, the Family and
Medical Leave Act of 1993 ("FMLA"), as amended, 29 U.S.C. §§ 2601 et
| "1993" | Family and Medical Leave Act Year | Amended Year |
Landlord's
failure to respond to (i) a Reimbursable Item Notice with respect to a
Full Reimbursement Item within twenty (20) business days after receipt
thereof or (ii) | "twenty (20) business days" | Reimbursement Response Time | Reimbursement Response Time |
________________________________________________________________
BANK OF AMERICA, N.A.,
as Administrative Agent | "BANK OF AMERICA, N.A." | Administrative Agent Name | Administrative Agent Name |
(Nasdaq:VGGL) hit record
revenue for fiscal 2015 of $25.6 million, achieving a 42% improvement
over the prior fiscal year, and record fiscal fourth quarter revenue
| "$25.6 million" | 2015 Revenue Amount | Revenue |
Title: Chairman of the Compensation Committee of the Board of Directors
WAYNE C. HELLER
| "WAYNE C. HELLER" | Signatory Name | Chairman Name |
This task is based on obtaining the
results and data for the second 30 cumulative days {days 31" through
60) testing for the centrifuge in a Verification Test Stand in K-1600
| 30 cumulative days | Testing Period | Data Collection Period |
This Consulting Agreement (this "Agreement") is made and entered into
as of January 1, 2018 (the "Effective Date") by and between Vital
Therapies, | "January 1, 2018" | Agreement Date | Effective Date |
"Liquidity Account" means an account in the name of the Parent with the
Account Bank designated "Eagle Bulk Shipping Inc. - Liquidity Account",
which shall not be a blocked account. | Eagle Bulk Shipping Inc. | Liquidity Account Holder | Liquidity Account Name |
The amounts
set forth in the preceding clauses (i), (ii), and (iii) shall be paid
to you within a reasonable time following your termination of
employment, not to exceed sixty (60) days. | "sixty (60) days" | Payment Deadline | Payment Deadline |
If the two appraisers cannot agree on the choice
of such third appraiser within 15 days following the determination of
such two fair market rents, such third appraiser shall be selected by
| "15 days" | Appraiser Selection Period | Appraiser Deadline |
PURCHASE AND SALE AGREEMENT (the "Agreement"), dated as of August 15,
2017, by and among GOLAR LNG LIMITED, a Bermuda exempted company
("Golar"), | "August 15,
2017" | Agreement Date | Agreement Date |
On Grant
$1,000,000 in Restricted Stock Units (RSUs), granted on the Effective
Date of your agreement with vesting over a three-year period (33.3%
vests each year).
| three-year | Vesting Period End Date | Vesting Period |
In addition, solely for purposes of determining the Employee's rights to payments under this Agreement, any reference to Employee's termination shall mean Employee's "separation from service" from the Company within the meaning of Section 409A and Employee will be deemed to have separated from service for purposes of Section 409A on May 31, 2014. | "May 31, 2014" | Separation from Service Date | Separation Date |
Landlord and Tenant entered into a lease dated as of May 2, 2013,
as amended by First Amendment to Lease dated as of November 21, 2013
| "November 21, 2013" | Amendment Date | Amended Date |
averaged over the
original three (3) year Performance Period ("Averaged Base Salary") | "three (3) year" | Performance Duration | Performance Period Period Length |
"Federal Appeal Party" refers to Verinata, Sequenom or Sequenom LLC
individually, and "Federal Appeal Parties" refers to Verinata,
Sequenom, and Sequenom LLC collectively. | "Sequenom LLC" | Federal Appeal Party Name | Federal Appeal Party Name |
The Employee may resign from the Corporation
by providing three (3) months' notice to the Corporation. | three (3) months | Resignation Notice Period | null |
In no event shall this Agreement be
returned later than March 2, 2015.
| "March 2, 2015" | Return Deadline Date | Return Deadline Date |
and 14.5.2 above, the
Lessor agrees to (i) inform the Lessee of the execution of such work
within at least ten (10) Days prior to the start date, | "ten (10) Days" | Notification Period | Notification Deadline |
the Commencement Date of 4 North is hereby
accelerated to October 1, 2014 and the Rent Commencement Date of 4
North is hereby accelerated to January 1, 2015. | "January 1, 2015" | Rent Commencement Date | Accelerated Rent Commencement Date |
THIS SETTLEMENT AGREEMENT ("Agreement") is made and entered into as of
11:59 P.M. Pacific Time on December 2, 2014 (such date at such time | "December 2, 2014" | Agreement Date | Agreement Date |
__________________________________________________________________
TENANT:
UNITED NATURAL FOODS, INC. | "UNITED NATURAL FOODS, INC." | Tenant Name | null |
(2) Option Terms
of five (5) years each, on the terms and conditions set forth in
Section 30 of the Lease.
| "five (5) years" | Renewal Option Period | Term of Option |
$
20,648
Certificated Mortgage Loan (with CVS Corporation as tenant /
multi-property) (rated BBB+)
16,546 | "CVS Corporation" | Tenant Name | Tenant 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 |
February
16, 2021 (because Monday February 15, 2021 is a federal holiday, | "February 15, 2021" | Federal Holiday | Federal Holiday |