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In the presence of ELIZABETH LORD ) /s/ Elizabeth Lord
GUARANTOR
SIGNED by PERNILLE NORAAS ) | "Elizabeth Lord" | Guarantor Name | Guarantor Name |
The fair
value of the common shares was determined to be $295,000 and the fair
value of the warrants was determined to be $268,021 at the subscription
date. | "$295,000" | Fair Value of Common Shares | Fair Value of Common Shares |
James B. Andrews
Senior Vice President, Finance and CFO
ACKNOWLEDGED AND AGREED:
| "James B. Andrews" | Acknowledger and Agreer Name | Signatory Name |
This PROPERTY MANAGEMENT AND LEASING AGREEMENT (this "Agreement") is
made and entered into as of February 10, 2017, among BEHRINGER HARVARD
| "February 10, 2017" | Agreement Date | Agreement Date |
thereof and issued or accepted by any Lender or by any other commercial
bank that has combined capital and surplus of not less than
$250,000,000; | "$250,000,000" | Minimum Capital and Surplus | Lender Capital and Surplus Requirement |
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
| "December 31, 2015" | Non-Competition Period | Non-Competition Period End Date |
This Amended and Restated License Agreement (this "Agreement") is
entered into as the 1^st day of November, 2016 and made effective as of
| "1^st day of November, 2016" | Agreement Date | Agreement Date |
"ADA Settlement Agreement" means that certain Settlement Agreement and
Release in Full, dated as of October 20, 2014, by and between Cecil
Shaw and CST CA. | "October 20, 2014" | Settlement Date | Settlement Agreement and Release Date |
business days after the Date of Termination, if applicable, or such
earlier time as is requested by Callon. | Callon | Company Name | Termination Date |
Title: President
Accepted and Agreed this
27th day of February, 2012 | "27th day of February, 2012" | Agreement Date | Acceptance Date |
The Director is entitled to a Promotion Equity Award of $100,000 and
will receive a one-time award of shares of Restricted Stock Units
(RSUs) of | "$100,000" | Promotion Equity Award | Equity Award Amount |
32, LLC, a Delaware limited liability company ("Landlord"), and
ILLUMINA, INC., a Delaware corporation ("Tenant"). | "ILLUMINA, INC." | Tenant Name | Tenant Name |
International Plaza Fort Worth, Texas ("Leased Premises") more particularly described that certain master lease, most recently amended on June 25, 2014, between Overton Green Property Owner, L.P. ("Landlord"), as landlord, and Sublessor, as tenant (such lease, all exhibits thereto, and any amendments or addendums thereto (as amended, "Prime Lease") are annexed hereto as Schedule A and made a part hereof). | "June 25, 2014" | Prime Lease Date | Amended Date |
Ski Area Master Plan" prepared by Ecosign Mountain Recreation Planners
Ltd. and dated November, 1979 as amended from time to time in
accordance with this agreement. | "November, 1979" | Plan Date | Amended Date |
Within thirty (30) days
following the Termination Date, Tenant shall pay a termination fee | "thirty (30) days" | Termination Fee Deadline | null |
In order to revoke this Release,
Executive must deliver notice of the revocation in writing to Company's
General Counsel before the expiration of the seven (7) day period.
| "seven (7) day" | Revocation Deadline | Revocation Deadline |
SFI PLEASANTON, LLC,
a Delaware limited liability company
Landlord,
and
ELLIE MAE, INC.,
a Delaware corporation,
Tenant | "SFI PLEASANTON, LLC" | Landlord Name | Landlord Name |
In the event that the Participant's employment with the Company or its subsidiaries or affiliates is terminated due to Retirement or Disability after December 31, 2014, but prior to the end of the Service Period, shares of Stock shall be issued on a prorated basis based on actual performance as determined at the first Committee meeting following the Participant's termination of employment due to Retirement or Disability. | "December 31, 2014" | Retirement/Disability Date | Termination Date |
Executive shall have until June 30, 2017 to exercise all stock options
that are vested as of March 31, 2017. | "June 30, 2017" | Stock Option Expiration Date | Stock Option Expiration Date |
"Collateral Agent" means U.S. Bank National Association in its capacity
as collateral agent and representative for the Protected Parties under
| "U.S. Bank National Association" | Collateral Agent Name | Collateral Agent Name |
Following May 31, 2014, Employee shall not provide services for the Company at a rate in excess of 49% of the average level of bona fide services performed by Employee for the Company over the three-year period preceding the year of Employee's termination. | "May 31, 2014" | Service Limit Date | Service Limit Date |
(2) provides Callon with
at least thirty (30) calendar days to cure, correct or mitigate the
Good Reason event so that it either | "thirty (30) calendar days" | Cure Period | Cure Period |
Stockholders' equity:
Preferred stock, $0.01 par value, 100,000,000 shares authorized:
| "$0.01" | Preferred Stock Par Value | Stockholder Equity Par Value |
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 Deadline Date | Death Deadline |
The same calculation shall be applied to the last installment,
which shall be prorated between the 1^st day of the current calendar | "1^st day of the current calendar" | Proration Date | Proration Date |
Dated as of September 28, 2012
among
GLOBAL PAYMENTS INC.,
as the Borrower,
| "GLOBAL PAYMENTS INC." | Borrower Name | Borrower Name |
The below dates (except the last) shall be delayed by one (1) day for
each day the Expansion Date is delayed beyond January 1, 2016, subject
to the terms of Section 2 of the Work Letter.
| "one (1) day" | Delay Period | Delay Period |
To Lease and Non-Disturbance Agreement (the "First Amendment") dated as of March 28, 2008, pursuant to which | "March 28, 2008" | Agreement Date | Agreement Date |
By signing below, I, Larry Betterley, acknowledge and agree to the
following: | "Larry Betterley" | Signatory Name | Signatory Name |
, the
Manufacturing Agreement between the Parties will terminate on October
1, 2013. | "October
1, 2013" | Termination Date | Termination Date |
o 12.5% of the shares will vest on the 48 month anniversary of the
Vesting Commencement Date. | "12.5%" | Vesting Percentage | Percentage of Shares Vesting Requirement |
any state thereof having combined capital and surplus of not less than
$250,000,000; (c) commercial paper of an issuer rated at least A-1 by
S&P or | "$250,000,000" | Minimum Capital and Surplus | Capital and Surplus Requirements |
within thirty (30) days after the date of Landlord's statement, pay to
Landlord an amount equal to such excess. | thirty (30) days | Payment Deadline | Payment Deadline |
The Closing shall occur in person or by electronic
means at Marathon's offices on May 12, 2015 at 10:00 a.m. Central
Standard Time.
| "May 12, 2015" | Closing Date | Closing Date |
(30) days prior written notice to Landlord; provided that
the Termination Date shall be no earlier than is four (4) months and no
later than six (6) months following the Effective Date. | "(30) days" | Notice Period | Notice Period |
you may
also contribute an additional "catch up contribution" amount ($6,000
for 2017) up to the annual IRS maximum ($24,000 in 2017). | "$6,000" | Catch-Up Contribution Amount | Catch up Contribution Limit |
In the event Tenant fails to pay any utility bill
within forty-five (45) days after the due date, Landlord may | "forty-five (45) days" | Payment Deadline | Due Date Restriction |
Title: Director
SHAREHOLDER REPRESENTATIVE SERVICES LLC, solely in its capacity as the
Stockholder Representative | SHAREHOLDER REPRESENTATIVE SERVICES LLC | Stockholder Representative | Stockholder Representative |
the Managing Director is eligible for severance pay of 12
(twelve) month Base Salary according to Section 12.2; and (ii) | "12
(twelve) month" | Severance Duration | Severance Pay Period |
"Stock" means the common stock, US$0.001 par value per share, of
Halozyme Therapeutics, Inc., as adjusted from time to time in
accordance with Section 4.2 of the Plan. | "US$0.001" | Common Stock Par Value | Stock Price |
each a Debtor and Debtor-in-Possession under Chapter 11 of the
Bankruptcy Code,
as Guarantors,
U.S. BANK NATIONAL ASSOCIATION,
as Administrative Agent,
and
| "U.S. BANK NATIONAL ASSOCIATION" | Administrative Agent Name | Administrative Agent Name |
092-0605-01 which was recorded September 1, 2006 in Volume 7703 at Page 216 of said Land Records | "September 1, 2006" | Recorded Date | Record Date |
"Seconded Non-Union Employees" means all non-union employees (excluding
employees with Senior Coordinator (shuji) classification) who (a)
belong to CCBD and | CCBD | Union Name | Seconded Non-Union Employees |
COLLABORATION AGREEMENT
COLLABORATION AGREEMENT, dated as of October 9, 2013 (the "Effective
Date"), by and between TRANSGENOMIC, INC., a Delaware corporation | "October 9, 2013" | Agreement Effective Date | Effective Date |
Whereas, the parties previously entered into a written Tax Sharing Agreement as of June 21, 1984 (as amended and restated, from time to time, the "Existing Tax Sharing Agreement"); | "June 21, 1984" | Existing Agreement Date | Agreement Date |
Title: Secretary
GLOBAL PAYMENTS CHECK RECOVERY SERVICES, INC.,
a Georgia corporation | GLOBAL PAYMENTS CHECK RECOVERY SERVICES, INC. | Company Name | Check Recover Services Company Name |
99-499 (signed into law October 17, 1986); paragraph (a) of Section 22a-449 of the Connecticut General Statutes; Section 22a-115 of the Connecticut General Statutes; the Occupational Safety and Health Act, 20 U.S.C. Section 651 et seq., | "October 17, 1986" | Enactment Date | Date of Law |
THIS EMPLOYMENT AGREEMENT ("Agreement"), entered into as of
October 8, 2012, between Coca-Cola Enterprises, Inc., a Delaware
corporation (the "Company"), and William Douglas (the "Executive"). | "October 8, 2012" | Agreement Date | Agreement Date |
THIS AGREEMENT (the "Agreement") is hereby entered into as of the 7^th
day of April, 2016 and is effective as of September 1, 2016 (the
"Effective Date"), by and between | "September 1, 2016" | Effective Date | Effective Date |
The Initial Lease was concluded for a period of nine (9) years and two
(2) full consecutive months, entering into force on January 1, 2006 and
coming to an end on February 28, 2015. | "nine (9) years and two
(2) full consecutive months" | Lease Duration | Lease Term |
through 2.M.iii(G); provided, however, if the lower determination is
within five percent (5%) of the higher determination, | "five percent (5%)" | Determination Variance | Determination Percentage |
holiday entitlement for one holiday year
cannot be taken in subsequent holiday years unless otherwise agreed by
the Company. | "one holiday year" | Annual Holiday Entitlement | null |
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" | Failure to Achieve Milestone Date | null |
The Company and Employee agree that Employee shall continue to be employed as an employee-consultant to the Company until the earlier of: (a) September 30, 2014; or (b) the date on which Employee commences new employment; or | "September 30, 2014" | Consultancy End Date | Termination Date |
Accrued Obligations shall be paid to Executive in a
lump sum in cash within thirty (30) days after the Date of Termination. | "thirty (30) days" | Payment Deadline | Payment Deadline |
President's Day, the immediately following business day is February 16,
2021), (iii) February 15, 2022 | "February 16,
2021" | President's Day Substitute | President's Day Deadline |
TLC Overton Genpar, LLC,
a Texas limited liability company, its general partner
| "TLC Overton Genpar, LLC" | General Partner Name | General Partner Name |
_____ between Ligand Pharmaceuticals Incorporated, a Delaware
corporation ("Corporation"), whose address is 3911 | "Ligand Pharmaceuticals Incorporated" | Corporation Name | Corporation Name |
For public entities, the amendments in ASU 2011-05 are
effective for fiscal years, and interim periods within those years,
beginning after December 15, 2011. | "December 15, 2011" | Effective Date | Effective Date |
Unless Borrower has been permitted
draft usage, each Advance on a Loan shall be made only upon Borrower's
written or telephonic notice to Lender not later than 1:00 P.M. | "1:00 P.M." | Advance Notice Deadline | Notice Time |
Tenant's Proportionate Share of Project:
8.99%
Tenant's Proportionate Share of Building:
23.09%
Length of Term:
| "23.09%" | Tenant Proportionate Share | Tenant Proportionate Share and Term Length |
that at least six (6) months must elapse from the Grant Date to the
date of termination of the Employee's employment for any termination
initiated by the Employee to be treated as a retirement. | "six (6) months" | Retirement Deadline | Termination Period |
Securities Asia Limited, Deutsche Bank AG, Hong Kong Branch, Société
Générale Asia Limited, Société Générale | Securities Asia Limited, Deutsche Bank AG, Hong Kong Branch | Company Name | Security Issuer Name |
The Term shall expire at 11:59 p.m. on the last day of
the calendar month in which the twelfth (12^th) anniversary of the Rent
Commencement Date occurs ("Expiration Date") | 11:59 p.m. | Expiration Date | Term Expiry Time Deadline |
We will support your annual meeting by paying you the amount per Unit
listed in the Schedule for Units serviced as of June 30 of each year.
| "June 30" | Annual Payment Date | Servicing Deadline Date |
Aron shall not be responsible if a Pipeline System is unable
to accept Aron's nomination or if the Pipeline System must allocate
Crude Oil among its shippers. | Aron | Nominating Party | Nomination Receiver |
If on or prior to September 1, 2014, Landlord achieves Milestone 1 then the following shall apply: | "September 1, 2014" | Milestone 1 Achievement Date | Milestone 1 Date |
This Agreement is entered into as of January 1, 2014 (the "Effective
Date") between Asbury Automotive Group, | "January 1, 2014" | Agreement Date | Effective Date |
"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 |
Executive signs this General Release and after the expiration
of the seven (7) day revocation period referenced in paragraph 4(f) | "seven (7) day" | Revocation Period | Revocation Period |
Attention: William E. McDonald, Senior Vice President, Deputy General
Counsel and Corporate Secretary | "William E. McDonald" | Addressee Name | Attention Name |
regarding termination of this Addendum by delivery of written notice to
the other party within 7 days of the expiration of the said 9 months'
period | "7 days" | Termination Notice Period | Termination Notice Period |
Landlord shall use reasonable efforts to deliver
Building 5 to Tenant Substantially Completed on or before March 1, 2013
(as extended by delays caused by Force Majeure and Tenant Delay,
| "March 1, 2013" | Substantial Completion Date | Delivery Date |
"Borrower" means Trinity Rail Leasing 2017 LLC, a Delaware limited
liability company. | "Trinity Rail Leasing 2017 LLC" | Borrower Name | Borrower Name |
I am pleased to offer you the position of President and Chief Operating
Officer ("COO") of PSEG Power LLC ("PSEG Power"), | PSEG Power LLC | Company Name | Company Name |
Senior Managing Director
Brixmor GA Bristol Plaza, LP,
a Delaware limited partnership
| Senior Managing Director | Director Title | Senior Managing Director |
"Acquisition Agreement": Agreement and Plan of Merger, by and among the
Borrower, Barton Creek Web.com, LLC and Yodle, Inc., dated as of
February 11, 2016. | "February 11, 2016" | Merger Date | Agreement Date |
dated December
4, 2017, between LRT III LLC, as seller, and D&H Logging Co., as
purchaser. | "LRT III LLC" | Seller Name | Seller Name |
(ii) Section 12.6 does not
apply, the Managing Director shall be entitled to a severance pay of 12
(twelve) month Base Salary. | "12
(twelve) month" | Severance Duration | Severance Duration |
provided that if the commencement date of
Tenant's lease of Option Space 2 occurs on or before May 1, 2015
| "May 1, 2015" | Commencement Date | Commencement Date |
(i) name each of the Pledgee and Deutsche Bank AG New York Branch
as secured parties and (ii) | "Deutsche Bank AG New York Branch" | Secured Party Name | Secured Party Name |
Amending Agreement to the Lease Contract dated July 25, (twenty-five),
2008 | "July 25, (twenty-five),
2008" | Amended Lease Date | Amending Agreement Date |
Certificated Mortgage Loan (with CVS Corporation as tenant /
multi-property) (rated BBB+)
16,546 | "CVS Corporation" | Tenant Name | Tenant Name |
Goosehead Financial, LLC, a "Holder," and together, the "Holders")
and Goosehead Insurance, Inc. ("Pubco").
| "Goosehead Financial, LLC" | Holder Name | Holder Name |
Payments of principal and/or interest received
after 12:00 noon Eastern time are considered received at the opening of
business on the next Business Day. | 12:00 noon Eastern time | Payment Deadline Time | Payment Receipt Time |
Effective as of March 1, 2013, (a) BSC presently and absolutely assigns all of its right, title and interest as tenant under the Lease to TV, | "March 1, 2013" | Assignment Date | Effective Date |
By:
Summerville Senior Living, Inc., a Delaware corporation, its sole
member
| "Summerville Senior Living, Inc." | Member Name | Member Name |
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 |
333-36738) filed on May 10, 2000 | "May 10, 2000" | Filing Date | Filing Date |
Dated as of June 19, 2015
between
NVIDIA LAND DEVELOPMENT, LLC,
as the Construction Agent
and
WACHOVIA SERVICE CORPORATION,
as the Lessor
1 | "WACHOVIA SERVICE CORPORATION" | Lessor Name | Lessor Name |
By: ARAMARK SPORTS AND ENTERTAINMENT SERVICES, LLC, its General Partner
| "ARAMARK SPORTS AND ENTERTAINMENT SERVICES, LLC" | Company Name | General Partner Company |
WHEREAS, Employee
received a payment of $450,450.18 on January 26, 2018 pursuant to the | "$450,450.18" | Payment Amount | Payment Amount |
"Customer Collections Account Administration Agreement" means the
Customer Collections Account Administration Agreement, dated as of
November 12, 2003, among, inter alios, | " November 12, 2003" | Agreement Date | Agreement Date |
Coopêrative
Agreement dated June 12, 2Q1"2 beLween DOE and USEC Inc. and l{merican
Centrifuge Demonstration, LLC ("ACD | "June 12, 2Q1"2" | Agreement Date | Agreement Date |
having capital, surplus and undivided profits in excess of
U.S. $500,000,000;
(c)
commercial paper rated A-1 (or the then equivalent grade) or better by
S&P, | "U.S. $500,000,000;" | Capital Surplus Requirement | Capital Excess |
Bloomberg L.P. (or such other reporting service that the Compensation
Committee may designate from time to time)); by (ii) | Bloomberg L.P. | Reporting Service | Reporting Service Name |
shall satisfy the requirements of this clause (y) under circumstances where, by virtue of the nature of the Tenant Requested Change, lump sum or cost of the work with a guaranteed maximum price construction pricing cannot reasonably be provided until after the design work set forth in the relevant design proposal as described in clause (x) of this Section 8(b) is completed (in any such case, an "Estimated Construction Pricing Proposal")); and (z) the estimated amount of delay the Tenant Requested Change will cause Landlord in achieving a June 1, 2013 Start Date (as such date may be adjusted pursuant to the express terms of this Work Letter), any one or more of the Milestones, and/or the Estimated Delivery Date, and the reason(s), together with documentation from Landlord's Contractor and/or Architect substantiating said reason(s), where reasonably necessary, for such delay (such estimate forming the basis for any Agreed Tenant Delay to be agreed upon by the parties), together with any other costs that Landlord reasonably anticipates it will incur (including without limitation direct and indirect costs resulting from the effects of such changes on other tenants in the Building), all stated on a not-to-exceed basis, as a result of such Tenant Requested Change ("Landlord's Change Notice"). | "June 1, 2013" | Estimated Start Date | Estimated Delivery Date |
150% of the annual Base Rent and Additional Rent
applicable in the last year of this lease). | "150%" | Rent Increase Percentage | Annual Base Rent and Additional Rent Percentage |
Trigger Amount for three consecutive days and ending on the date that
Availability has remained greater than the Availability Event Trigger | three consecutive days | Trigger Period | Trigger Period |
Normal Business Hours:
9:00 to 5:00, weekdays, or such other hours as the Landlord may
establish.
| "5:00" | Business Hours End Time | Normal Business Hours |