Common use of Additional Borrower Clause in Contracts

Additional Borrower. As of the date hereof, TapInfluence hereby joins the Business Financing Agreement and all other Existing Documents as a ìBorrowerî thereunder and hereunder and each reference to ìBorrowerî in the Existing Documents, and herein shall mean and refer to each of IZEA, Ebyline and TapInfluence, individually and collectively. Any reference in the Existing Documents to Borrower, IZEA and Ebyline, or other terms that refer to a Borrower shall also mean and refer to TapInfluence, and Borrowers and Lender acknowledge and agree that the Existing Documents shall remain in full force and effect in accordance with their terms. TapInfluence (i) assumes, as a joint and several obligor thereunder, all of the Obligations, liabilities and indemnities of a Borrower under the Business Financing Agreement and all other Existing Documents, and (ii) covenants and agrees to be bound by and adhere to all of the terms, covenants, waivers, releases, agreements and conditions of or respecting to a Borrower with respect to the Existing Documents and all other representations and warranties contained in the Business Financing Agreement and the other Existing Documents with respect to a Borrower. Without limiting the generality of the foregoing, TapInfluence grants Lender a security interest in the Collateral described in the Business Financing Agreement to secure performance and payment of all Obligations under the Business Financing Agreement, and authorizes Lender to file financing statements with all appropriate jurisdictions to perfect or protect Lender’s interest or rights hereunder and under the Existing Documents. In addition, within 60 days from the date hereof, TapInfluence shall establish and maintain all bank accounts (including, without limitation, TapInfluence’s existing checking account maintained at Square 1) at Lender.

Appears in 2 contracts

Samples: Business Financing Modification Agreement and Consent (IZEA Worldwide, Inc.), www.sec.gov

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Additional Borrower. As of the date hereof, TapInfluence Ebyline hereby joins as a party to the Business Financing Agreement and all other Existing Documents as a ìBorrowerî “Borrower” thereunder and hereunder and each reference to ìBorrowerî “Borrower” in the Existing Documents, and herein shall mean and refer to each of IZEA, Ebyline IZEA and TapInfluenceEbyline, individually and collectively. Any reference in the Existing Documents to Borrower, IZEA and EbylineIZEA, or other terms that refer to a Borrower shall also mean and refer to TapInfluenceEbyline, and Borrowers and Lender acknowledge and agree that the Existing Documents shall remain in full force and effect in accordance with their terms. TapInfluence Ebyline (i) assumes, as a joint and several obligor thereunder, all of the Obligations, liabilities and indemnities of a Borrower under the Business Financing Agreement and all other Existing Documents, ; and (ii) covenants and agrees to be bound by and adhere to all of the terms, covenants, waivers, releases, agreements and conditions of or respecting to a Borrower with respect to the Existing Documents and all other of the representations and warranties contained in the Business Financing Agreement and the other Existing Documents with respect to a Borrower. Without limiting the generality of the foregoing, TapInfluence Ebyline grants Lender a security interest in the Collateral described in the Business Financing Agreement to secure performance and payment of all Obligations under the Business Financing Agreement, and authorizes Lender to file financing statements with all appropriate jurisdictions to perfect or protect Lender’s interest or rights hereunder and under the Existing Documents. In addition, within Within 60 days from of the date hereof, TapInfluence for each account that Ebyline maintains outside of Lender, Borrower shall establish cause the applicable Lender or financial institution at or with which any such account is maintained (including its account at Bank of America existing as of the date hereof) to execute and maintain all bank accounts (includingdeliver an account control agreement or other appropriate instrument in form and substance satisfactory to Lender, without limitation, TapInfluence’s existing checking account maintained at Square 1) at Lenderand failure to comply with the foregoing shall constitute an Event of Default to which no cure period shall apply. 3.

Appears in 1 contract

Samples: Financing Modification Agreement

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Additional Borrower. As of the date hereof, TapInfluence Ebyline hereby joins as a party to the Business Financing Agreement and all other Existing Documents as a ìBorrowerî “Borrower” thereunder and hereunder and each reference to ìBorrowerî “Borrower” in the Existing Documents, and herein shall mean and refer to each of IZEA, Ebyline IZEA and TapInfluenceEbyline, individually and collectively. Any reference in the Existing Documents to Borrower, IZEA and EbylineIZEA, or other terms that refer to a Borrower shall also mean and refer to TapInfluenceEbyline, and Borrowers and Lender acknowledge and agree that the Existing Documents shall remain in full force and effect in accordance with their terms. TapInfluence Ebyline (i) assumes, as a joint and several obligor thereunder, all of the Obligations, liabilities and indemnities of a Borrower under the Business Financing Agreement and all other Existing Documents, ; and (ii) covenants and agrees to be bound by and adhere to all of the terms, covenants, waivers, releases, agreements and conditions of or respecting to a Borrower with respect to the Existing Documents and all other of the representations and warranties contained in the Business Financing Agreement and the other Existing Documents with respect to a Borrower. Without limiting the generality of the foregoing, TapInfluence Ebyline grants Lender a security interest in the Collateral described in the Business Financing Agreement to secure performance and payment of all Obligations under the Business Financing Agreement, and authorizes Lender to file financing statements with all appropriate jurisdictions to perfect or protect Lender’s interest or rights hereunder and under the Existing Documents. In addition, within Within 60 days from of the date hereof, TapInfluence for each account that Ebyline maintains outside of Lender, Borrower shall establish cause the applicable Lender or financial institution at or with which any such account is maintained (including its account at Bank of America existing as of the date hereof) to execute and maintain all bank accounts (includingdeliver an account control agreement or other appropriate instrument in form and substance satisfactory to Lender, without limitation, TapInfluence’s existing checking account maintained at Square 1) at Lenderand failure to comply with the foregoing shall constitute an Event of Default to which no cure period shall apply.

Appears in 1 contract

Samples: Business Financing Modification Agreement (IZEA, Inc.)

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