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Subscribers | 2003 |
Subadviser Agreement
Subadviser Agreement (17K)
Doc #198262: Click preview link for longer preview.
{DOCUMENT}
{TYPE}EX-99.(D)(21)
{SEQUENCE}16
{FILENAME}file015.txt
{DESCRIPTION}FORM OF SUBADVISER AGREEMENT
{TEXT}
EXHIBIT (d)(21)
PREFERRED VALUE FUND
SUBADVISER AGREEMENT
Subadviser Agreement executed as of February 1, 2003 between CATERPILLAR
INVESTMENT MANAGEMENT LTD., a Delaware corporation (the "Manager"), and MFS
INSTITUTIONAL ADVISORS INC., a Delaware corporation (the "Subadviser").
WITNESSETH:
That in consideration of the mutual covenants herein contained, it is
agreed as follows:
1. SERVICES TO BE RENDERED BY SUBADVISER TO THE TRUST.
(a) Subject always to the control of the Manager (to the extent
contemplated by this Agreement and the Management Contract described in Section
4 hereof) and the trustees of The Preferred Group of Mutual Funds (the
"Trustees"), a Massachusetts business trust (the "Trust"), including the
Manager's authority to determine what securities or other property shall be
purchased or sold by or for the Preferred Value Fund series of the Trust (the
"Fund"), the Subadviser, at its expense, will furnish continuously an investment
program for the Fund and will make investment decisions on behalf of the Fund
and place all orders for the purchase and sale of portfolio securities and all
other investments. In the performance of its duties, the Subadviser (i) will
comply with the provisions of the Trust's Agreement and Declaration of Trust and
By-laws, including any amendments thereto (upon receipt of such amendments by
the Subadviser), and the investment objectives, policies and restrictions of the
Fund as set forth in its current Prospectus and Statement of Additional
Information (copies of which will be supplied to the Subadviser upon filing with
the Securities and Exchange Commission), (ii) will use its best efforts to
safeguard and promote the welfare of the Fund, (iii) will comply with other
policies which the Trustees or the Manager, as the case may be, may from time to
time determine as promptly as practicable after such policies have been
communicated to the Subadviser in writing, and (iv) shall exercise the same care
and diligence expected of the Trustees. The Subadviser and the Manager shall
each make its officers and employees available to the other from time to time at
reasonable times to review investment policies of the Fund and to consult with
each other regarding the investment affairs of the Fund.
(b) The Subadviser, at its expense, will furnish (i) all necessary
investment and management facilities, including salaries of personnel, required
for it to execute its duties hereunder faithfully and (ii) administrative
facilities, including bookkeeping, clerical personnel and equipment necessary
for the efficient conduct of the investment affairs of the Fund, including
oversight of the pricing of the Fund's portfolio and assistance in obtaining
prices for portfolio securities (but excluding determination of net asset value,
shareholder accounting
{PAGE}
services and fund accounting services).
(c) In the selection of brokers, dealers or futures commissions merchants
(collectively, "brokers") and the placing of orders for the purchase and sale of
portfolio investments for the Fund, the Subadviser shall comply with such
policies established by the Trustees or the Manager and communicated to the
Subadviser in writing and shall seek to obtain for the Fund the most favorable
price and execution available, except to the extent it may be permitted to pay
higher brokerage commissions for brokerage and research services as described
below. In using its best efforts to obtain for the Fund the most favorable price
and execution available, the Subadviser, bearing in mind the Fund's best
interests at all times, shall consider all factors it deems relevant, including,
by way of illustration, price, the size of the transaction, the nature of the
market for the security, the amount of the commission, the timing of the
transaction taking into account market prices and trends, the reputation,
experience and financial stability of the broker involved and the quality of
service rendered by the broker in other transactions. Subject to such policies
as the Trustees or the Manager may determine and communicate to the Subadviser
in writing, the Subadviser shall not be deemed to have acted unlawfully or to
have breached any duty created by this Agreement or otherwise solely by reason
of its having caused the Fund to pay a broker that provides brokerage and
research services to the Subadviser or any affiliated person of the Subadviser
an amount of commission for effecting a portfolio investment transaction in
excess of the amount of commission another broker would have charged for
effecting that transaction, if the Subadviser determines in good faith that such
amount of commission was reasonable in relation to the value of the brokerage
and research services provided by such broker, viewed in terms of either that
particular transaction or the Subadviser's overall responsibilities with respect
to the Fund and to other clients of the Subadviser and any affiliated person of
the Subadviser as to which the Subadviser or any affiliated person of the
Subadviser exercises investment discretion. The Trust agrees that any entity or
person associated with the Subadviser or any affiliated person of the Subadviser
which is a member of a national securities exchange is authorized to effect any
transaction on such exchange for the account of the Fund which is permitted by
Section 11(a) of the Securities Exchange Act of 1934, as amended (the "1934
Act"), and Rule 11a2-2(T) thereunder, and the Trust hereby consents to the
retention of compensation for such transactions in accordance with Rule
11a2-2(T)(2)(iv).
(d) The Subadviser shall not be obligated to pay any expenses of or for the
Trust or of or for the Fund not expressly assumed by the Subadviser pursuant to
this Section 1.
2. OTHER AGREEMENTS, ETC.
It is understood that any of the shareholders, Trustees, officers and
employees of the Trust may be a shareholder, partner, director, officer or
employee of, or be otherwise interested in, the Subadviser, and in any person
controlling, controlled by or under common control with the Subadviser, and that
the Subadviser and any person controlling, controlled by or under common control
with the Subadviser may have an interest in the Trust. It is also understood
that the Subadviser and persons controlling, controlled by or under common
control with the Subadviser have and may have advisory, management service,
distribution or other contracts with other organizations and persons, and may
have other interests and businesses.
{PAGE}
3. COMPENSATION TO BE PAID BY THE MANAGER TO THE SUBADVISER.
The Manager will pay to the Subadviser as compensation for the Subadviser's
services rendered, for the facilities furnished and for the expenses borne by
the Subadviser pursuant to Section 1, a fee in accordance with Schedule A of
this Agreement.
4. ASSIGNMENT TERMINATES THIS AGREEMENT; AMENDMENTS OF THIS AGREEMENT.
This Agreement shall automatically terminate, without the payment of any
penalty, in the event of its assignment or in the event that the Management
Contract dated as of February 1, 2003 between the Manager and the Trust, with
respect to the Fund, shall have terminated for any reason, and the Manager shall
provide notice of any such termination of the Management Contract to the
Subadviser; and, to the extent required by the Investment Company Act of 1940,
as amended (the "1940 Act"), this Agreement shall not be amended unless such
amendment be approved by the affirmative vote of a majority of the outstanding
shares of the Fund, and by the vote, cast in person at a meeting called for the
purpose of voting on such approval, of a majority of the Trustees who are not
interested persons of the Trust or of the Manager or of the Subadviser.
5. EFFECTIVE PERIOD AND TERMINATION OF THIS AGREEMENT.
198262
|
Caterpillar
As referenced in this Subadviser Agreement:
Caterpillar Inc. – the Manager for which
the Subadviser has been appointed subadviser by the Manager, (iii) of
Caterpillar Inc. or any of its subsidiaries or (iv) of any employee
benefit plan sponsored by
Caterpillar Inc. – Inc. or any of its subsidiaries or (iv) of any employee
benefit plan sponsored by Caterpillar Inc. or any of its subsidiaries;
"Combined Assets" shall mean the sum of Fund Assets
dt 28444
;
Preferred Value Fund;
Caterpillar Investment Management Ltd.;
| MFS Institutional Advisors Inc.;
Preferred Group of Mutual Funds
|
| Preview
Subscribers | 2003 |
Subadviser Agreement
Subadviser Agreement (17K)
Doc #198264: Click preview link for longer preview.
{DOCUMENT}
{TYPE}EX-99.(D)(22)
{SEQUENCE}18
{FILENAME}file017.txt
{DESCRIPTION}FORM OF SUBADVISER AGREEMENT
{TEXT}
EXHIBIT (d)(22)
PREFERRED VALUE FUND
SUBADVISER AGREEMENT
Subadviser Agreement executed as of February 1, 2003 between CATERPILLAR
INVESTMENT MANAGEMENT LTD., a Delaware corporation (the "Manager"), and PACIFIC
FINANCIAL RESEARCH, INC., a Massachusetts corporation (the "Subadviser").
WITNESSETH:
That in consideration of the mutual covenants herein contained, it is
agreed as follows:
1. SERVICES TO BE RENDERED BY SUBADVISER TO THE TRUST.
(a) Subject always to the control of the Manager (to the extent
contemplated by this Agreement and the Management Contract described in Section
4 hereof) and the trustees of The Preferred Group of Mutual Funds (the
"Trustees"), a Massachusetts business trust (the "Trust"), including the
Manager's authority to determine what securities or other property shall be
purchased or sold by or for the Preferred Value Fund series of the Trust (the
"Fund"), the Subadviser, at its expense, will furnish continuously an investment
program for the Fund and will make investment decisions on behalf of the Fund
and place all orders for the purchase and sale of portfolio securities and all
other investments. In the performance of its duties, the Subadviser (i) will
comply with the provisions of the Trust's Agreement and Declaration of Trust and
By-laws, including any amendments thereto (upon receipt of such amendments by
the Subadviser), and the investment objectives, policies and restrictions of the
Fund as set forth in its current Prospectus and Statement of Additional
Information (copies of which will be supplied to the Subadviser upon filing with
the Securities and Exchange Commission), (ii) will use its best efforts to
safeguard and promote the welfare of the Fund, (iii) will comply with other
policies which the Trustees or the Manager, as the case may be, may from time to
time determine as promptly as practicable after such policies have been
communicated to the Subadviser in writing, and (iv) shall exercise the same care
and diligence expected of the Trustees. The Subadviser and the Manager shall
each make its officers and employees available to the other from time to time at
reasonable times to review investment policies of the Fund and to consult with
each other regarding the investment affairs of the Fund.
(b) The Subadviser, at its expense, will furnish (i) all necessary
investment and management facilities, including salaries of personnel, required
for it to execute its duties hereunder faithfully and (ii) administrative
facilities, including bookkeeping, clerical personnel and equipment necessary
for the efficient conduct of the investment affairs of the Fund, including
oversight of the pricing of the Fund's portfolio and assistance in obtaining
prices for portfolio securities (but excluding determination of net asset value,
shareholder accounting
{PAGE}
services and fund accounting services).
(c) In the selection of brokers, dealers or futures commissions merchants
(collectively, "brokers") and the placing of orders for the purchase and sale of
portfolio investments for the Fund, the Subadviser shall comply with such
policies established by the Trustees or the Manager and communicated to the
Subadviser in writing and shall seek to obtain for the Fund the most favorable
price and execution available, except to the extent it may be permitted to pay
higher brokerage commissions for brokerage and research services as described
below. In using its best efforts to obtain for the Fund the most favorable price
and execution available, the Subadviser, bearing in mind the Fund's best
interests at all times, shall consider all factors it deems relevant, including,
by way of illustration, price, the size of the transaction, the nature of the
market for the security, the amount of the commission, the timing of the
transaction taking into account market prices and trends, the reputation,
experience and financial stability of the broker involved and the quality of
service rendered by the broker in other transactions. Subject to such policies
as the Trustees or the Manager may determine and communicate to the Subadviser
in writing, the Subadviser shall not be deemed to have acted unlawfully or to
have breached any duty created by this Agreement or otherwise solely by reason
of its having caused the Fund to pay a broker that provides brokerage and
research services to the Subadviser or any affiliated person of the Subadviser
an amount of commission for effecting a portfolio investment transaction in
excess of the amount of commission another broker would have charged for
effecting that transaction, if the Subadviser determines in good faith that such
amount of commission was reasonable in relation to the value of the brokerage
and research services provided by such broker, viewed in terms of either that
particular transaction or the Subadviser's overall responsibilities with respect
to the Fund and to other clients of the Subadviser and any affiliated person of
the Subadviser as to which the Subadviser or any affiliated person of the
Subadviser exercises investment discretion. The Trust agrees that any entity or
person associated with the Subadviser or any affiliated person of the Subadviser
which is a member of a national securities exchange is authorized to effect any
transaction on such exchange for the account of the Fund which is permitted by
Section 11(a) of the Securities Exchange Act of 1934, as amended (the "1934
Act"), and Rule 11a2-2(T) thereunder, and the Trust hereby consents to the
retention of compensation for such transactions in accordance with Rule
11a2-2(T)(2)(iv).
(d) The Subadviser shall not be obligated to pay any expenses of or for the
Trust or of or for the Fund not expressly assumed by the Subadviser pursuant to
this Section 1.
2. OTHER AGREEMENTS, ETC.
It is understood that any of the shareholders, Trustees, officers and
employees of the Trust may be a shareholder, partner, director, officer or
employee of, or be otherwise interested in, the Subadviser, and in any person
controlling, controlled by or under common control with the Subadviser, and that
the Subadviser and any person controlling, controlled by or under common control
with the Subadviser may have an interest in the Trust. It is also understood
that the Subadviser and persons controlling, controlled by or under common
control with the Subadviser have and may have advisory, management service,
distribution or other contracts with other organizations and persons, and may
have other interests and businesses.
{PAGE}
3. COMPENSATION TO BE PAID BY THE MANAGER TO THE SUBADVISER.
The Manager will pay to the Subadviser as compensation for the Subadviser's
services rendered, for the facilities furnished and for the expenses borne by
the Subadviser pursuant to Section 1, a fee in accordance with Schedule A of
this Agreement.
4. ASSIGNMENT TERMINATES THIS AGREEMENT; AMENDMENTS OF THIS AGREEMENT.
This Agreement shall automatically terminate, without the payment of any
penalty, in the event of its assignment or in the event that the Management
Contract dated as of February 1, 2003 between the Manager and the Trust, with
respect to the Fund, shall have terminated for any reason, and the Manager shall
provide notice of any such termination of the Management Contract to the
Subadviser; and, to the extent required by the Investment Company Act of 1940,
as amended (the "1940 Act"), this Agreement shall not be amended unless such
amendment be approved by the affirmative vote of a majority of the outstanding
shares of the Fund, and by the vote, cast in person at a meeting called for the
purpose of voting on such approval, of a majority of the Trustees who are not
interested persons of the Trust or of the Manager or of the Subadviser.
5. EFFECTIVE PERIOD AND TERMINATION OF THIS AGREEMENT.
198264
|
Caterpillar
As referenced in this Subadviser Agreement:
Caterpillar Inc. – the Manager for which
the Subadviser has been appointed subadviser by the Manager, (iii) of
Caterpillar Inc. or any of its subsidiaries or (iv) of any employee
benefit plan sponsored by
Caterpillar Inc. – Inc. or any of its subsidiaries or (iv) of any employee
benefit plan sponsored by Caterpillar Inc. or any of its subsidiaries;
"Combined Assets" shall mean the sum of Fund Assets
dt 28445
;
Preferred Value Fund;
Caterpillar Investment Management Ltd.;
| Pacific Financial Research, Inc.;
Preferred Group of Mutual Funds
|
| Preview
Subscribers | 2001 |
Consulting Agreement
Consulting Agreement (21K)
Doc #289931: Click preview link for longer preview.
CONSULTING AGREEMENT
This CONSULTING AGREEMENT (this "Agreement") is made as of August 1, 2000, by and between WESTERN POWER & EQUIPMENT CORP., an Oregon corporation (the "Company"), and Robert M. Rubin, an individual residing at ("Consultant").
RECITALS
Consultant is party to a Consulting Agreement dated August 1, 1998 (the "Old Consulting Agreement") with Western Power & Equipment Corp. The Old consulting Agreement expires by its terms on July 31, 2000. The Company desires to retain Consultant as a . . .
289931
| | |
| Preview
Subscribers | 2001 |
Consulting Agreement
Consulting Agreement (36K)
Doc #289946: Click preview link for longer preview.
CONSULTING AGREEMENT
AGREEMENT dated as of the 10th day of January 2001 by and between E-Mobile
Inc. a Delaware corporation with an address c/o Michael Sanders, Esq., Vanderkam
& Sanders, 440 Louisiana, Suite 475 Houston, Texas 77002 (the "Company") and
Robert Rubin with an address at 25 Highland Boulevard, Dix Hills, NY 11746. (the
"Consultant").
W I T N E S S E T H
WHEREAS, the Company desires to engage the Consultant to render
consulting services to the Company; and
WHEREAS, the Company and the Consultant desire to set forth the
terms and conditions with respect to the Company's engagement of the Consultant.
NOW, THEREFORE, in consideration of the mutual covenants of the
parties which are hereinafter set forth and for other good and valuable
consideration, receipt of which is hereby acknowledged,
IT IS AGREED:
1. Recitals Adopted. The parties hereto adopt as part of this Agreement
each of the recitals which is contained above in the WHEREAS clauses, and agree
that such recitals shall be binding upon the parties hereto by way of contract
and not merely by way of recital or inducement; and such clauses are hereby
confirmed and ratified as being true and accurate by each party as to itself.
2. Engagement.
A. Upon the terms and conditions which are hereinafter set forth,
the Company hereby retains the Consultant as a business and financial consultant
to render advice, consultation, information and services to the Company and its
officers and directors with respect to general financial and business matters
(the "Consulting Services") including, but not limited to, the following:
(i) Mergers and acquisitions, reorganization, reverse mergers,
divestitures and due diligence studies;
(ii) Capital structures and financial transactions;
(iii) Banking methods and systems;
(iv) Maximizing shareholder value;
(v) Developments in financial markets; and
1
{PAGE}
(vi) Broker/dealers and investment banking community.
B. The Consultant shall not be required to devote any minimum number
of weeks, days, or hours to the affairs of the Company during the term of this
Agreement; the Consultant shall devote such time, attention and energies to the
business of the Company, as the Consultant determines in his sole and absolute
discretion.
3. Term. The term of this Agreement shall commence as of January 10, 2001
and shall continue for a period of six (6) months through July 10, 2001 (the
"Term").
4. Compensation.
A. The Consultant shall receive an engagement fee of six hundred
thousand (600,000) shares of Common Stock of the Company which shall be
delivered to the Consultant within five (5) days after the execution of this
Agreement.
B. If the Company shall at any time seek to register or qualify any
of its capital stock or the securities holdings of any of its shareholders, on
each such occasion it shall furnish the Consultant with at least 30 days'
written notice thereof and the Consultant shall have the option, without cost or
expense, to include all of the shares issued pursuant to this Article "4" of
this Agreement in such registration or qualification. The Consultant shall
exercise the "piggy back rights" under this Article "4" of this Agreement by
giving written notice to the Company within twenty (20) days after receipt of
the written notice from the Company.
C. The Company shall bear all expenses of the registration and
offering (exclusive of underwriting discounts and commissions with respect to
the Consultant shares) of such "piggy-back" registrations, except for fees and
expenses of counsel for the selling holders.
5. Lock-Up. For a period beginning on the date hereof and ending on the
earlier of ninety (90) days following the closing of an underwritten public
offering of common stock by the Company, eighty percent (80%) of the Shares
issued to pursuant to paragraph "A" of Article "4" of this Agreement shall be
subject to a lock-up agreement pursuant to which the Consultant agrees that it
will not sell, hypothecate or otherwise transfer of any such shares, except
pursuant to an available exemption from the Securities laws.
6. Restrictions on Future Share Issuances. The Company agrees that, for a
period of one year from the Termination Date, without the prior written consent
of WPEC (a) it will not sell any shares of common stock at a price less than
$1.00 per share, and (b) it will sell no more than eight million (8,000,000)
shares of common stock at a price equal to or greater than $1.00 per share and
less than $2.00 per share. Notwithstanding the foregoing, the Company retains
the right to convert loans not to exceed $1,000,000 from the founders of the
Company, at a price of $.20 per share.
7. Costs and Expenses. The Consultant shall be responsible for all
expenses that the Consultant may incur in performing the Consulting Services
pursuant to this Agreement.
2
{PAGE}
8. Due Diligence. The Company shall supply and deliver to the Consultant
all information relating to the Company's business as may be reasonably
requested by the Consultant to enable the Consultant to provide the Consulting
Services.
9. Best Efforts Basis. The Consultant does not guarantee that his efforts
will have any impact upon the Company's business or that any subsequent
financial improvement will result from his efforts.
10. Company's Right to Approve Transactions.
A. The Company expressly retains the right to approve, in its sole
and absolute discretion, each and every transaction introduced by the Consultant
which involves the Company as a party to any agreement. The Consultant and the
Company mutually agree that the Consultant is not authorized to enter into
289946
| |
 Kaye Scholer
As referenced in this Consulting Agreement:
Kaye, Scholer – 5775
If to Robert Rubin: Robert Rubin
25 Highland Boulevard
Dix Hills, NY 11746
Facsimile No.:(631) 254-2136
with a copy to: Kaye, Scholer , Fierman, Hays & Handler, LLP
425 Park Avenue
New York, New York 10022
Attn: Rory Greiss, Esq.
Facsimile No.: (212) 836-8689
New
_____________
dt 234264
|
| Preview
Subscribers | 2003 |
Consulting Agreement
Consulting Agreement (12K)
Doc #426574: Click preview link for longer preview.
Ex. 99.1
CONSULTING AGREEMENT
This Consulting Agreement is made and entered into this October 1, 2003,
by Organitech USA, Inc. (the "Company") and Haggai Ravid(the "Consultant").
RECITALS
The Company wishes to assure itself of the services of the Consultant and
the Consultant is willing to provide his services to the Company upon the terms,
covenants and conditions hereinafter set forth.
AGREEMENT
NOW, THEREFORE, in consideration of . . .
426574
|
OrganiTECH
As referenced in this Consulting Agreement:
Organitech USA, Inc – 99.1
{SEQUENCE}5
{FILENAME}d57147_ex99-1.txt
{DESCRIPTION}CONSULTING AGREEMENT
{TEXT}
Ex. 99.1
CONSULTING AGREEMENT
This Consulting Agreement is made and entered into this October 1, 2003,
by Organitech USA, Inc . (the "Company") and Haggai Ravid(the "Consultant").
RECITALS
The Company wishes to assure itself of the services of the Consultant and
the Consultant is willing to provide his services
_____________
ORGANITECH USA, INC – one when signed by the Consultant and the Company.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the date first set forth above.
ORGANITECH USA, INC ., Haggai Ravid
By Mr. Lior Hessel, CEO /s/ Haggai Ravid
-------------------------
/s/ Lior Hessel
-------------------------
4
{/TEXT}
{/DOCUMENT}
_____________
dt 1392443
| |
| Preview
Subscribers | 2000 |
Retainer Agreement
Retainer Agreement (8K)
Doc #426629: Click preview link for longer preview.
INCUBATE THIS! INC.
RETAINER AGREEMENT
RETAINER AGREEMENT made as of this 3rd day of May, 2000 by and between
INCUBATE THIS! INC., a Colorado corporation, having an office at 265 Sunrise
Avenue, Suite 204, Palm Beach, Florida 33480 (hereinafter referred to as
"INCUBATE") and DONALD F. MINTMIRE, ESQ. an individual, with an address at 265
Sunrise Avenue, Suite 204, Palm Beach, FL 33480 (hereinafter referred to as
"MINTMIRE").
W I T N E S S E T . . .
426629
| | |
| Subscribers | 2006 |
Finder's Agreement
Finder's Agreement (9K)
Doc #1742033: This document is immediately available for purchase, but does not have a preview available for viewing.
1742033
| | |
| Preview
Subscribers | 2006 |
Consulting Agreement
Consulting Agreement (28K)
Doc #2266589: Click preview link for longer preview.
CONSULTING AGREEMENT
This CONSULTING AGREEMENT (the "Agreement") is entered into this 21st day
of July, 2006 by and between ARIES EQUITY CORP., a New York corporation (the
"Consultant") AND WESTERN POWER & EQUIPMENT CORP., a Delaware corporation having
offices at 6407-B N.E. 117th Avenue, Vancouver, Washington 98662 (the
"Company").
W I T N E S S E T H:
WHEREAS the Company desires to obtain Consultant's non-exclusive consulting
services in connection with the Company's . . .
2266589
|
WP&E
As referenced in this Consulting Agreement:
WESTERN POWER & EQUIPMENT CORP. – 1
-----------
CONSULTING AGREEMENT
This CONSULTING AGREEMENT (the "Agreement") is entered into this 21st day
of July, 2006 by and between ARIES EQUITY CORP., a New York corporation (the
"Consultant") AND WESTERN POWER & EQUIPMENT CORP. , a Delaware corporation having
offices at 6407-B N.E. 117th Avenue, Vancouver, Washington 98662 (the
"Company").
W I T N E S S E T H:
WHEREAS the
_____________
Western Power & Equipment
Corp. – contained, the parties agree as follows:
1. Definitions. As used herein the following terms, unless the
context otherwise requires, have the following respective meanings:
(a) The term "Company" shall mean Western Power & Equipment
Corp. , a Delaware corporation, and any corporation that shall
succeed, or assume the obligations of, Western Power & Equipment
Corp.
(b) The term "Common Stock" means the Common Stock, $0.001
_____________
Western Power & Equipment
Corp. – requires, have the following respective meanings:
(a) The term "Company" shall mean Western Power & Equipment
Corp., a Delaware corporation, and any corporation that shall
succeed, or assume the obligations of, Western Power & Equipment
Corp.
(b) The term "Common Stock" means the Common Stock, $0.001 par
value per share of Company.
(c) The term Fair Market Value of a share of Common Stock
_____________
Western Power & Equipment Corp. – below or to such other address, or the attention of
such other party, as the parties shall advise the other by notice
given in conformity herewith.
If to the Company: Western Power & Equipment Corp.
6407-8 NE 117th Avenue
Vancouver, WA 98662
Attn: Dean McLain, President & CEO
If to the Consultant: Aries Equity Corp.
3167 Wynsum Avenue
Merrick, New York 11566
Attn.: D.
_____________
WESTERN POWER &
EQUIPMENT CORP. – advice of such counsel relating thereto
8
{PAGE}
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year first above written.
ARIES EQUITY CORP. WESTERN POWER &
EQUIPMENT CORP.
By: /s/ D. Robert Albi By: /s/ Dean McLain
-------------------------------- --------------------------------
Name: D. Robert Albi, President Name: Dean Mc Lain, President & CEO
9
{/TEXT}
{/DOCUMENT}
_____________
dt 1650346
;
|
 Nasdaq Stock Market Inc.
As referenced in this Consulting Agreement:
Nasdaq Stock Market, Inc – Date") shall mean:
(i) If the Common Stock is traded on the American Stock
Exchange or another national exchange or is quoted on the
National or SmallCap Market of The Nasdaq Stock Market, Inc .
("Nasdaq"), then the closing or last sale price,
respectively, reported for the last business day immediately
preceding the Determination Date.
(ii) If the Common Stock is not traded on
_____________
dt 1620854
|
| Preview
Subscribers | 2007 |
Consulting Agreement
Consulting Agreement (15K)
Doc #3006062: Click preview link for longer preview.
CONSULTING AGREEMENT
THIS CONSULTING AGREEMENT (the �Agreement�) is made and entered into this day of , 2007, by and between AGCO CORPORATION, a Delaware corporate (�Company�), and Stephen D. Lupton, a U.S. resident (�Consultant�).
BACKGROUND:
WHEREAS, Company desires to retain . . .
3006062
| | |