June 2006 Clause Samples

June 2006. “Death of a woman during childbirth and her child’s ensuing health problems”;

June 2006. 743,457,441.78 July 2006..................... 734,802,864.04 August 2006................... 724,253,466.09 September 2006................ 711,849,824.06 October 2006.................. 697,625,432.35 November 2006................. 681,634,124.89 December 2006................. 663,950,678.40 January 2007.................. 644,662,478.44 February 2007................. 623,890,259.57 March 2007.................... 602,923,581.57 April 2007.................... 582,612,253.44 May 2007...................... 562,987,955.26 June 2007..................... 544,031,013.97 July 2007..................... 525,718,469.86 August 2007................... 507,994,471.48 September 2007................ 490,856,448.45 October 2007.................. 474,208,009.54 November 2007................. 458,116,189.10 December 2007................. 442,359,347.67 January 2008.................. 424,501,180.93 February 2008................. 405,262,799.74 March 2008.................... 386,857,123.97 April 2008.................... 369,466,678.70 May 2008...................... 353,152,811.04 June 2008..................... 339,128,229.33 July 2008..................... 326,931,345.06 August 2008................... 315,353,429.87 September 2008................ 304,213,679.53 October 2008.................. 293,482,133.20 November 2008................. 283,143,079.59 December 2008................. 273,181,586.93 January 2009.................. 263,583,249.88 February 2009................. 254,334,331.61 March 2009.................... 245,421,019.77 April 2009.................... 236,831,421.17 May 2009...................... 228,553,104.66 June 2009..................... 220,574,276.28 July 2009..................... 212,883,653.78 August 2009................... 205,470,407.77 September 2009................ 198,324,164.52 October 2009.................. 191,434,891.78 November 2009................. 184,792,981.35 December 2009................. 178,389,200.81 January 2010.................. 172,214,675.09 February 2010................. 166,260,874.81 March 2010.................... 160,519,612.39 April 2010.................... 154,982,998.19 May 2010...................... 149,643,451.75 June 2010..................... 144,493,688.86 July 2010..................... 139,526,705.93 August 2010................... 134,735,768.63 September 2010................ 130,114,403.64 October 2010.................. 125,656,380.72 November 2010................. 121,355,702.55 December 2010................. 117,206,526.70 J...

June 2006. 4. In this agreement references to a natural person include its estate and representatives. 5. References to a company will be construed so as to include any company, corporation, corporate body or other legal entity, wherever and however incorporated or established. 6. For the purposes of this agreement, a company is a subsidiary of another company, its holding company, if that other company: (a) holds a majority of the voting rights in it; or (b) has the right, either alone or pursuant to an agreement with other shareholders or members, to appoint or remove a majority of its management board or its supervisory board (if any); or (c) is a shareholder or member of it and controls alone or together with other persons, pursuant to an agreement with other shareholders or members, a majority of the voting rights in it, or if it is a subsidiary of a company which is itself a subsidiary of that other company. 7. For the purposes of this agreement, a company is a wholly-owned subsidiary of another company if it has no members except that other and that other’s wholly-owned subsidiaries or persons acting on behalf of that other or its wholly-owned subsidiaries. 8. References to a person will be construed so as to include any individual, firm, company, government, governmental authority, tax authority, state or agency of a state or any joint venture, association, partnership (whether or not having separate legal personality). 9. References to threatened will be construed so as to include a claim, proceeding, dispute, action, or other matter that will be deemed to have been “threatened” if any demand or statement has been made (orally or in writing), or any notice has been given (orally or in writing), or if any other event has occurred, or any other circumstances exist, that would lead a prudent person to conclude that such a claim, proceeding, dispute, action, or other matter is likely to be asserted, commenced, taken, or otherwise pursued in the future. 10. References in this agreement to a specific number of Sotheby’s Shares shall be subject to appropriate adjustment in the event of a stock dividend, recapitalisation, reverse stock split, stock split, subdivision or similar change in the capital structure of Purchaser. 11. The singular shall include the plural and vice versa and references to words importing one gender will include both genders. 12. Notwithstanding Clause 26, where in this agreement a Dutch term is given in italics or in italics and in brackets ...

June 2006. “So long as Whole Foods same store sales are in double digits the next 2 quarters, the stock won‟t trade below $50 per share (and probably not below $60).”50 June 2006: “[Wild Oats] still stinks and remains grossly overvalued based on very weak fundamentals. The stock is up now, but if it doesn‟t get sold in the next year or so it is going to plummet back down. Wait and see.”51 On July 17, 2007, the SEC opened an informal inquiry into ▇▇▇▇▇▇‟s postings.52 While the SEC has not yet released any information about its investigation, it is likely considering whether ▇▇▇▇▇▇‟s blog postings constituted forward-looking statements,53 unaccompanied by sufficiently detailed cautionary language,54 which violated Section 17 of the Securities Act of 1933.55 Section 17 makes it unlawful to sell securities “by means of any untrue statement or any omission to state a material fact necessary in order to make the statements made, in light of the 47 ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ & ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, Executives Get the Blogging Bug—More CEOs Openly Post Their Views on Work, Life; The Tale of a Colonoscopy, WALL ST. J., July 13, 2007, at B1. 48 Id. 49 Id. 50 ▇▇▇▇▇▇ ▇▇▇▇▇▇, Chief of Whole Foods Extolled His Stock Online, N.Y. TIMES, July 13, 2007. 51 ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇ ▇▇▇, Unraveling Rahodeb: A Grocer’s Brash Style Takes Unhealthy Turn—Were Posts by ▇▇▇▇▇▇, CEO of Whole Foods, A Case of Ethics, or Ego?, WALL ST. J., July 20, 2007, at A1. 52 Whole Foods Market, Inc., Current Report (Form 8-K), at Exhibit 99.2 (July 17, 2007). Whole Foods stated that it intended to cooperate fully with the SEC and that it did not expect to comment further while the inquiry was pending. Id. 53 The definition of “forward-looking statement” includes: (1) a statement containing a projection of revenues, income, or earnings; (2) a statement of the plans or objectives of management; and (3) a statement of future economic performance. 15 U.S.C. § 77z-2(i)(1)(A)-(C) (2000). 54 Section 27A provides a safe harbor for a forward-looking statement if it is (1) identified as a forward-looking statement and accompanied by “meaningful cautionary statements identifying important factors that could cause actual results to differ materially from those in the forward-looking statement;” or (2) immaterial. 15 U.S.C. § 77z- 2(c)(1)(A) (2000).

June 2006. The conditions of contract stated in the Contract Data Part 1 may include one or more of the following Secondary Options: Option X4: Parent company guarantee - Not applicable Option X13: Performance Bond - Not applicable Option X14: Advanced payment to the Contractor - Not applicable Each of these Secondary Options requires a bond or guarantee “in the form set out in the Works Information”. Pro forma documents for these bonds and guarantee are provided here for convenience but are to be treated as part of the Works Information. The organisation providing the bond / guarantee does so by copying the pro forma document onto his letterhead without any change to the text or format and completing the required details. The completed document is then given to the Employer within the time stated in the contract.

June 2006. The conditions of contract stated in the Contract Data Part 1 may include one or more of the following Secondary Options: Option X14: Advanced payment to the Contractor - Each of these Secondary Options requires a bond or guarantee “in the form set out in the Works Information”. Pro forma documents for these bonds and guarantee areprovided here for convenience but are to be treated as part of the Works Information. The organisation providing the bond / guarantee does so by copying the pro forma document onto his letterhead without any change to the text or format and completing the required details. The completed document is then given to the Employer within the time stated in the contract. (to be reproduced exactly as shown below on the letterhead of the Surety) {Insert name and registered address of the Employer} Date: Dear Sirs, Advanced Payment Bond for Contract No. With reference to the above numbered contract made or to be made between {Insert registered name of the Employer} (the Employer) and {Insert registered name and address of the Contractor} (the Contractor), for {Insert details of the works from the Contract Data} (the works). on behalf of the Surety of physical address and duly authorised thereto do hereby bind ourselves as Surety and co-principal debtors in solidum for the due and proper repayment by the Contractor to the Employer of the advanced payment made by the Employer to the Contractor under the Contract, and for all losses and expenses that may be suffered or incurred by the Employer as a result of non-payment by the Contractor, subject to the following conditions