ADDITIONAL AGREEMENTS OF BORROWER Sample Clauses

ADDITIONAL AGREEMENTS OF BORROWER. If any amounts owing under this Note are not paid when due, Borrower promises to pay all costs and expenses, including reasonable attorneys' fees, incurred by Bank in the collection or enforcement of this Note. Borrower and any endorser of this Note, for the maximum period of time and the full extent permitted by law, (a) waive diligence, presentment, demand, notice of nonpayment, protest, notice of protest, and notice of every kind; (b) waive the right to assert the defense of any statute of limitations to any debt or obligation hereunder; and (c) consent to renewals and extensions of time for the payment of any amounts due under this Note. The receipt of any check or other item of payment by Bank, at its option, shall not be considered a payment on account until such check or other item of payment is honored when presented for payment at the drawee bank. Bank may delay the credit of such payment based upon Bank's schedule of funds availability, and interest under this Note shall accrue until the funds are deemed collected. In any action brought under or arising out of this Note, Borrower and any Obligor, including their successors and assigns, hereby consent to the jurisdiction of any competent court within the State of California, as provided in any alternative dispute resolution agreement executed between Borrower and Bank, and consent to service of process by any means authorized by said state's law. The term "Bank" includes, without limitation, any holder of this Note. This Note shall be construed in accordance with and governed by the laws of the State of California. This Note hereby incorporates any alternative dispute resolution agreement concurrently or hereafter executed between Borrower and Bank.
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ADDITIONAL AGREEMENTS OF BORROWER. As a condition to the effectiveness of this First Amendment and the Bank's acceptance of the Amended Note, Borrower agrees: (a) to deliver this First Amendment, a Second Amendment to Guaranty of Payment of even date herewith (the "Second Amendment to Guaranty") executed by each of the Guarantors, and an Amended and Restated Note of even date herewith (the "Amended Note") executed by Borrower made payable to Bank in the principal amount not to exceed $22,000,000, each duly executed on behalf of Borrower and each Guarantor, as applicable, and each in form acceptable to Bank; (b) to pay to Bank any and all fees and expenses, including without limitation reasonable attorneys' fees and expenses, incurred by Bank in connection with the negotiation and delivery of this First Amendment, the Amended Note and all other documents in connection therewith; (c) to deliver to Bank (i) certified corporate resolutions of the Board of Directors of Borrower and each Guarantor authorizing the execution and delivery of this First Amendment, the Amended Note and the Second Amendment to Guaranty, and authorizing the transactions contemplated in connection therewith, as applicable, and (ii) an officer's certificate for Borrower and each Guarantor certifying such entity's charter and by-laws and incumbency of such entity's officers; (d) to pay to Bank an arrangement fee in the amount of $7,000 payable on or before the date hereof, which fee shall be deemed fully earned on the date hereof whether or not the Loan (as the definition of that term is modified hereby) is disbursed in whole or in part; (e) a certificate signed by the chief financial officer of Borrower, stating that no Default or Unmatured Default has occurred and is continuing, in form acceptable to Bank; (f) a written opinion of Borrower's and each Guarantor's counsel, addressed to Bank, in form acceptable to Bank; (g) a solvency certificate executed by an officer of Borrower; and (h) such other documents as Bank or its counsel may have reasonably requested. If each of the foregoing conditions are not satisfied, this First Amendment shall be null and void and of no further force and effect and Borrower shall repay the portion of the Loan advanced pursuant to this First Amendment upon demand from Bank. 5.
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ADDITIONAL AGREEMENTS OF BORROWER. Borrower covenants and agrees that:
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ADDITIONAL AGREEMENTS OF BORROWER. The Borrower agrees, that, until all of the Liabilities are paid in full, the Borrower will perform and fulfill each of the following agreements:
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Related to ADDITIONAL AGREEMENTS OF BORROWER

  • Additional Agreements of the Parties The parties hereby further agree that, from and after the Closing:

  • Additional Agreements of the Company (a) Each time the Registration Statement or Prospectus is amended or supplemented (other than by an amendment or supplement providing solely for (i) in the case of Notes, a change in the interest rates, redemption provisions, amortization schedules or maturities offered on the Notes issued alone or as part of a Unit, (ii) in the case of Units, (x) a change in the exercise price, exercise date or period or expiration of an underlying Warrant or (y) a change in the settlement date or purchase or sale price of an underlying Purchase Contract or (iii) a change you deem to be immaterial), the Company will deliver or cause to be delivered forthwith to you a certificate signed by an executive officer of the Company, dated the date of such amendment or supplement, as the case may be, in form reasonably satisfactory to you, of the same tenor as the certificate referred to in Section 4(c) relating to the Registration Statement or the Prospectus as amended or supplemented to the time of delivery of such certificate.

  • Loan Agreements Notwithstanding any term hereof (or any term of the UCC that might otherwise be construed to be applicable to a “securities intermediary” as defined in the UCC) to the contrary, none of the Collateral Agent, the Collateral Custodian nor any securities intermediary shall be under any duty or obligation in connection with the acquisition by the Borrower, or the grant by the Borrower to the Collateral Agent, of any Loan Asset in the nature of a loan or a participation in a loan to examine or evaluate the sufficiency of the documents or instruments delivered to it by or on behalf of the Borrower under the related Loan Agreements, or otherwise to examine the Loan Agreements, in order to determine or compel compliance with any applicable requirements of or restrictions on transfer (including without limitation any necessary consents). The Collateral Custodian shall hold any Instrument delivered to it evidencing any Loan Asset granted to the Collateral Agent hereunder as custodial agent for the Collateral Agent in accordance with the terms of this Agreement.

  • Borrower Documents Borrower shall deliver or cause to be delivered to Administrative Agent the following, each, unless otherwise noted, dated as of the Closing Date:

  • Certain Additional Agreements If any Registration Statement or comparable statement under state blue sky laws refers to any Holder by name or otherwise as the Holder of any securities of the Company, then such Holder shall have the right to require (a) the insertion therein of language, in form and substance satisfactory to such Holder and the Company, to the effect that the holding by such Holder of such securities is not to be construed as a recommendation by such Holder of the investment quality of the Company’s securities covered thereby and that such holding does not imply that such Holder will assist in meeting any future financial requirements of the Company, or (b) in the event that such reference to such Holder by name or otherwise is not in the judgment of the Company required by the Securities Act or any similar federal statute or any state blue sky or securities law then in force, the deletion of the reference to such Holder.

  • Prepayments of Other Indebtedness; Modifications of Organizational Documents and Other Documents, etc Directly or indirectly:

  • Guaranty Agreements Any Guaranty Agreement or any provision thereof shall for any reason cease to be in full force and effect or valid and binding on or enforceable against any Credit Party or a Credit Party shall so state in writing or bring an action to limit its obligations or liabilities thereunder; or any Credit Party shall fail to perform any of its obligations thereunder; or

  • Other Agreements of the Parties 4.1 (a) Securities may only be disposed of in compliance with state and federal securities laws. In connection with any transfer of the Securities other than pursuant to an effective registration statement, to the Company, to an Affiliate of an Investor or in connection with a pledge as contemplated in Section 4.1(b), the Company may require the transferor thereof to provide to the Company an opinion of counsel selected by the transferor, the form and substance of which opinion shall be reasonably satisfactory to the Company, to the effect that such transfer does not require registration of such transferred Securities under the Securities Act.

  • Representations of Borrower The Borrower represents and warrants that (i) the representations and warranties of the Borrower set forth in Article 4 of the Credit Agreement will be true on and as of the Amendment Effective Date and (ii) no Default will have occurred and be continuing on such date.

  • Additional Agreements and Covenants The parties further agree and covenant as follows:

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