2. Covenant in Full Force and Effect. Except as expressly modified herein, all terms and also problems of the Agreement shall remain unchanged and also in full force and also result.




You are watching: Full force and effect of the law

5.Commitment in Full Force and Effect. Except as especially modified by this 2nd Amendment, the terms and also problems of the Covenant shall reprimary in full force and also effect, and the Agreement, as amended by this Amendment, and also all of its terms, consisting of, however not limited to any kind of warranties and representations set forth therein, if any type of, are hereby ratified and also shown by the Trust and also DST as of the Effective Date.


Section 5. Agreement in Full Force and Effect. Except as particularly amfinished herein, the Agreement shall proceed in complete pressure and effect in accordance with its original terms and the Liens developed and also offered for by the Facility Documents reprimary in full force and also effect and proceed to secure, among various other things, the performance of all of the Borrower’s Obligations under the Facility Documents and the Commitment as amfinished hereby. Reference to this certain Amendment require not be made in the Commitment or any various other instrument or record executed in link therethrough, or in any certificate, letter or communication issued or made pursuant to or through respect to the Commitment, any type of reference in any type of of such items to the Commitment being enough to describe the Covenant as amfinished hereby.


Section 8.Agreement in Full Force and also Effect. Except as expressly collection forth herein, all terms and also conditions of the Covenant, as amfinished, shall reprimary in full pressure and also impact.


7.Governing Law and also Interpretation. This Covenant shall be governed and managed by and in accordance with the legislations of the State of New York without regard to its dispute of legislations provision. Venue for any kind of activity carried to enpressure the terms of this Commitment or for breach thereof shall lie specifically in the Circuit Court in and for Palm Beach County, Florida. Should any type of provision of this Agreement be claimed illegal or unenforceable by any type of court of proficient jurisdiction and also cannot be modified to be enforceable, excluding the general release language, such provision shall immediately end up being null and void, leaving the remainder of this Commitment in complete pressure and effect. The Parties affirm that this Commitment is the product of negotiation and also agree that it shall not be taken versus any type of Party on the basis of single authorship. The Parties agree that the successful Party in any kind of suit pertained to this Commitment (as determined by the applicable court(s)) shall be entitcaused recover its reasonable attorneys’ fees and prices related thereto, consisting of attorneys’ fees and expenses event to an appeal.


11. This agreement shall continue in result from year to year unless amended or terminated by the consent of every one of the parties hereto. In addition, the Company might terminate this agreement by shipment of a composed alert of termination to the Manager at any type of time after the Manager and its affiliates no much longer holds any type of partnership interests in KKR Renaissance Aggregator L.P. (the “Partnership”); provided that in the occasion of such a termination the Company type of shall pay in cash to the Manager all unpaid Advisory Fees payable to the Manager hereunder and all prices due under this agreement to the Manager via respect to periods prior to the termination day. In addition, (i) in link via the consummation of a Change of Control (as characterized in the Amfinished and also Reproclaimed Limited Partnership Covenant of the Partnership, dated as of July 29, 2013, among the parties thereto, as the exact same might be amended from time to time (the “Partnership Agreement”), the Company kind of may terminate this agreement by delivery of a created notification of termination to the Manager and (ii) instantly adhering to the consummation of an Initial Public Offering (as identified in the Partnership Agreement), this agreement shall automatically terminate unmuch less the Company type of, by delivery of a written alert to the Manager prior to such consummation, otherwise elects to proceed this agreement in full pressure and also effect. In the event of a termicountry of this agreement pursuant to the instantly coming before sentence, the Company shall upon such termination pay in cash to the Manager (i) all unpaid Advisory Fees payable to the Manager hereunder and all costs due under this agreement to the Manager with respect to durations before the termicountry date, plus (ii) the net current worth (making use of a discount rate equal to the yield as of such termicountry day on UNITED STATE Treasury securities of prefer maturity based upon the times such payments would certainly have actually been due) of the Advisory Fees that would certainly have actually been payable with respect to the period from the termicountry day via the twelfth anniversary of the Effective Date, or, if terminated following the twelfth anniversary of the Effective Date, with the initially anniversary of the Effective Date emerging after the termicountry day.


12. This agreement shall continue in result from year to year unmuch less amfinished or terminated by the consent of all of the parties hereto. In enhancement, the Company may terminate this agreement by shipment of a created alert of termicountry to the Manager at any kind of time after the Manager and its affiliates no much longer holds any kind of of the membership interests in Holdco; provided that in the event of such a termicountry the Company kind of shall pay in cash to the Manager all unphelp Advisory Fees payable to the Manager hereunder and also all costs due under this agreement to the Manager through respect to periods prior to the termicountry date. In enhancement, (i)in connection with the consummation of a Change of Control (as characterized in the LLC Commitment, without providing effect to the proviso set forth in such definition), the Company type of may terminate this agreement by delivery of a written notification of termination to the Manager and (ii)instantly following the consummation of an Initial Public Offering (as characterized in the LLC Agreement), this agreement shall automatically terminate unmuch less the Company type of, by shipment of a created alert to the Manager prior to such consummation, otherwise elects to continue this agreement in complete pressure and also effect. In the occasion of a termination of this agreement pursuant to the automatically coming before sentence, the Company shall upon such termicountry pay in cash to the Manager (a)all unpassist Advisory Fees payable to the Manager hereunder and also all expenses due under this agreement to the Manager through respect to periods prior to the termicountry day, plus (b)the net present value (using a discount rate equal to the yield as of such termicountry date on U.S. Treasury securities of like maturity based on the times such payments would certainly have actually been due) of the Advisory Fees that would certainly have been payable through respect to the duration from the termicountry date via the twelfth anniversary of the Effective Date, or, if terminated following the twelfth anniversary of the Effective Date, with the first anniversary of the Effective Date occurring after such termicountry day.


11.Governing Law; Severability. This Agreement shall be governed by and also taken in accordance via the laws of the State of New York without regard to its alternative or problem of regulations provisions. If any type of provision of this Agreement is asserted illegal or unenforceable by any type of court of competent jurisdiction, the parties agree the court shall have actually the authority to modify, change or adjust the provision(s) in question to make the Agreement legal and enforceable. If this Commitment cannot be modified to be enforceable, excluding the basic release language, such provision shall instantly end up being null and void, leaving the remainder of this Commitment in full pressure and also effect. If the general release language is uncovered to be illegal or unenforceable, Board Member agrees to execute a reasonable binding replacement release or, if requested by the Company type of, return the monies paid pursuant to this Covenant.


*

Cut contract prep time in fifty percent for complimentary

Build document automations that permit you, your staff, and also your clients to auto-populate contract templates.

Free consultation

“I"ve uncovered it exceptionally straightforward to usage. It allows me to occupational quickly, get something right from my head and out into the public.”




See more: Don'T Know Why I Don T Know Why I Didn T Come Lyrics, Norah Jones

*

*
steustatiushistory.org

The many effective “no code” toolkit for structure legal practice automations.