IN WITNESS of which this Deed Clause Samples
IN WITNESS of which this Deed has been executed by the parties hereto as a deed which has been delivered on the date first appearing on page one.
IN WITNESS of which this Deed has been duly executed and delivered the day and year first before written. SIGNED and DELIVERED as a DEED ) by PRIDE OF HAWAII, LLC ) acting by ) ) its duly authorised attorney-in-fact ) ) in the presence of: ) SIGNED and DELIVERED as a DEED ) by HSBC BANK PLC ) as the First Mortgagee ) acting by Danae Zoi ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ) its duly authorised attorney-in-fact ) ) in the presence of: ) SIGNED and DELIVERED as a DEED ) by DnB NOR BANK ASA ) as the Second Mortgagee ) acting by Danae Zoi ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ) its duly authorised attorney-in-fact ) ) in the presence of: ) SIGNED and DELIVERED as a DEED ) by DnB NOR BANK ASA ) as the Third Mortgagee ) acting by Danae Zoi ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ) its duly authorised attorney-in-fact ) ) in the presence of: ) SIGNED and DELIVERED as a DEED ) by KFW IPEX-BANK GMBH ) as the Fourth Mortgagee ) acting by ) ) its duly authorised ) ) in the presence of: ) First Priority Mortgage and Collateral Deed of Covenants each dated 10 February 2008 First Assignment of Insurances dated 19 April 2006 First Charter and/or Earnings Assignments dated 18 October 2004 and 10 February 2008 Deeds of Assignment and Subordination dated 10 February 2008 and 16 June 2008 Project and Export Finance ▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇ Fax: +▇▇ (▇)▇▇ ▇▇▇▇ ▇▇▇▇ Attn: Mr ▇▇▇▇ ▇▇▇▇▇▇▇▇ Email: ▇▇▇▇.▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ Project and Export Finance ▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇ Fax: +▇▇ (▇)▇▇ ▇▇▇▇ ▇▇▇▇ Attn: Mr ▇▇▇▇ ▇▇▇▇▇▇▇▇ Email: ▇▇▇▇.▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ (as trustee and agent) Corporate Banking Structured Export and Trade Finance ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ of Germany Fax: +▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇ Attn: ▇▇ ▇▇▇▇▇-▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Email: ▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ (as Hermes agent) and the following as lenders: Global Shipping ▇▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ of Germany Fax: +▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇ Attn: ▇▇ ▇▇▇▇▇▇ ▇▇▇▇/▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇/▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ Email: ▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ Project and Export Finance ▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇ Fax: +▇▇ (▇)▇▇ ▇▇▇▇ ▇▇▇▇ Attn: Mr ▇▇▇▇ ▇▇▇▇▇▇▇▇ Email: ▇▇▇▇.▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇-▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ of Germany Fax: +▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇/2944 Attn: ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇/Ms ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Email: ▇▇▇▇▇.▇▇▇▇▇▇@▇▇▇.▇▇/▇▇▇▇▇▇▇.▇▇▇▇▇▇@▇▇▇.▇▇ ▇▇▇▇▇▇▇▇ ▇▇ ▇▇-▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ Fax: +▇▇ ▇▇ ▇▇▇▇▇▇ Attn: ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇/▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ Tonjum Email: ▇▇▇▇.▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇/▇▇▇▇▇▇.▇▇▇▇.▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ of Germany Fax: +▇▇ ▇▇▇ ▇...
IN WITNESS of which this Deed has been duly executed and delivered on the date first appearing on this Deed. SIGNED as a DEED by ) [details of Excluded Company] acting by ) its joint administrators[/liquidators], ) as agents and without personal liability[/directors], ) in the presence of: ) Signature ………………………….. Name ………………………….. Address ………………………….. ………………………….. Occupation …………………………... [SIGNED as a DEED by [EXCLUDED ) COMPANY OFFICEHOLDER], in his own ) capacity and on behalf of [OTHER EXCLUDED ) COMPANY OFFICEHOLDERS], ) without personal liability, in the presence of: ) Signature …………………………….. Name …………………………….. Address …………………………….. …………………………….. Occupation ……………………………..] SIGNED as a DEED by TXU EUROPE LIMITED ) (in administration) acting by J▇▇▇▇ ▇▇▇▇▇▇, ) its joint administrator acting as agent ) and without personal liability, in the presence of: ) Signature …………………………... Name …………………………... Address …………………………... …………………………... Occupation …………………………... SIGNED as a DEED by J▇▇▇▇ ▇▇▇▇▇▇, in his own ) capacity and on behalf of the administrators of ) TXU EUROPE LIMITED (in administration), ) without personal liability, in the presence of: ) Signature …………………………….. Name …………………………….. Address …………………………….. …………………………….. Occupation …………………………….. SIGNED as a DEED by TXU CORP., ) acting by E▇▇▇ ▇ ▇▇▇▇▇▇▇▇, Executive Vice ) President and General Counsel of TXU Corp., ) duly authorised to sign on behalf of TXU Corp., ) in the presence of: ) Signature …………………………….. Name …………………………….. Address …………………………….. …………………………….. Occupation …………………………….. Terms of a Holding Company CVA providing, to the extent permitted by law, for:
IN WITNESS of which this Deed has been executed and delivered by the New Shareholder on the date which first appears above. EXHIBIT 99.3 Executed as a deed by [name of ................................ ) Authorized signatory (ies) foreign company] acting by [name ) of authorized signatory(ies)] [who, ) in accordance with the laws of the ) territory in which [name of foreign ) company] is incorporated, [is/are] ) acting under the authority of [name ) of foreign company]] & #160; ) [If the New Shareholder is domiciled in Luxembourg] Without prejudice to the execution of this agreement by the parties, [name of Luxembourg party] expressly and specifically confirms its agreement with the provisions of clause 5 of this Deed for the purposes of (a) Article I of the Protocol annexed to the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters signed at Brussels on 27 September 1968, and (b) Article I of Protocol No. 1 annexed to the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters opened for signature at Lugano on 16 September 1988. [Name of Luxembourg party] (Signature of authorized person) Name: Name: Title: Title: EXHIBIT 99.3 If to CAIP or AOF, to: Chase Asia Investment Partners II (Y), LLC Asia Opportunity Fund, L.P. Suite 3003, 30/F One International Finance Centre ▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇ Attention: Chief Executive Officer Fax: ▇▇▇-▇▇▇▇-▇▇▇▇ with a copy to: Milbank, Tweed, ▇▇▇▇▇▇ & ▇▇▇▇▇▇ LLP ▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇▇▇▇, Esq. Fax: ▇▇▇-▇▇▇▇-▇▇▇▇ If to Olympus-ASAT II, L.L.C., to: ▇/▇ ▇▇▇▇▇▇▇ Capital Holdings Asia ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ and c/o Olympus Capital Holdings Asia ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇ Attn: ▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇ Fax: ▇▇▇-▇▇▇▇-▇▇▇▇ with a copy to: ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Tel: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, Esq. EXHIBIT 99.3 If to QPL, to: QPL International Holdings Limited Unit F, 17th Floor CDW Building No. 388 Castle Peak Road Tsuen Wan, New Territories Hong Kong Attention: Chief Executive Officer Fax: ▇▇▇-▇▇▇▇-▇▇▇▇ with a copy to: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇
IN WITNESS of which this Deed has been duly executed and delivered on the date first appearing on this Deed.
IN WITNESS of which this Deed has been executed by the parties hereto as a deed which has been delivered on the date first appearing on page one. EXECUTED as a DEED by ) HALIFAX PLC ) as Seller, Cash Manager ) and Beneficiary ) acting by its attorney ) in the presence of ) Witness: Name: Address: EXECUTED as a DEED by ) PERMANENT FUNDING (NO. 1) ) LIMITED as Beneficiary ) acting by ) .......................... Director
IN WITNESS of which this Deed has been duly executed and delivered on the date first appearing on this Deed. SIGNED as a DEED by ) TXU EUROPE GROUP PLC (in administration), ) TXU EUROPE ENERGY TRADING LIMITED ) (in administration), ) TXU EUROPE POWER LIMITED (in administration) ) TXU UK LIMITED (in administration) ) EASTERN ELECTRICITY HOLDINGS LIMITED ) (in administration) ) TXU (UK) HOLDINGS LIMITED ) (in administration) ) ENERGY HOLDINGS (No.6) LIMITED ) (in administration) ) each acting by A▇▇▇ ▇▇▇▇▇, ) its Joint Administrator acting as agent ) and without personal liability, in the presence of: ) Signature …………………………….. Name …………………………….. Address …………………………….. …………………………….. Occupation ……………………………... SIGNED as a DEED by ) TXU EUROPE MERCHANT PROPERTIES LIMITED ) (in liquidation) ) TXU EUROPE MERCHANT GENERATION LIMITED ) (in liquidation) ) TXU EUROPE POWER DEVELOPMENT LIMITED ) (in liquidation) ) TXU EUROPE (P▇▇▇▇▇▇▇▇▇) LIMITED ) (in liquidation) ) TXU EUROPE POWER PRODUCTION SERVICES ) LIMITED (in liquidation) ) TXU EUROPE LEASING (4) LIMITED ) (in liquidation) ) TXU EUROPE (BLADE) LIMITED ) (in liquidation) ) TXU EUROPE (BLADE NO.2) LIMITED ) (in liquidation) ) TXU EUROPE TRADING LIMITED ) (in liquidation) ) TXU EUROPE NATURAL GAS (TRADING) LIMITED ) (in liquidation) ) TXU FINLAND HOLDINGS LIMITED ) (in liquidation) ) TXU GERMANY LIMITED ) (in liquidation) ) TXU EUROPE OVERSEAS FINANCE LIMITED ) (in liquidation) ) TXU EUROPE LEASING (5) LIMITED ) (in liquidation) ) PRECIS (2264) LIMITED ) (in liquidation) ) TXU EUROPE RENEWABLE GENERATION LIMITED ) (in liquidation) ) TXU EUROPE IRELAND 1 ) (in liquidation) ) TXU EUROPE GERMAN FINANCE B.V. ) (in liquidation) ) each acting by A▇▇▇ ▇▇▇▇▇, ) its Joint Liquidator acting as agent ) and without personal liability, in the presence of: ) Signature …………………………….. Name …………………………….. Address …………………………….. …………………………….. Occupation ……………………………... SIGNED as a DEED by ) ANGLIAN POWER GENERATORS LIMITED ) (in administration) ) PETERBOROUGH POWER LIMITED ) (in administration) ) TXU EUROPE POWER SERVICES LIMITED ) (in administration) ) each acting by J▇▇▇▇ ▇▇▇▇▇▇, ) its Joint Administrator acting as agent and without ) personal liability, in the presence of: ) Signature …………………………….. Name …………………………….. Address …………………………….. …………………………….. Occupation ……………………………... SIGNED as a DEED by ) EASTERN GROUP FINANCE LIMITED ) (in liquidation) ) acting by J▇▇▇▇ ▇▇▇▇▇▇, ) its Joint Liquidator acting as agent and without ) personal liability, in the presence of:...