Agreement of Borrower Sample Clauses

Agreement of Borrower. Borrower agrees to keep and perform all the --------------------- covenants, terms, and conditions contained in the 1998 Loan Agreement, the Line of Credit Note, the 1999 Modification, any security agreements, assignments and any other document executed in connection therewith and hereby acknowledges and agrees that the terms, covenants and conditions of the 1998 Loan Agreement, the Line of Credit Note, the 1999 Modification Agreement and any other agreements executed therewith shall remain in full force and effect, and shall in no manner be affected by the execution of this Agreement, except as expressly provided herein.
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Agreement of Borrower. The Borrower takes notice of this assignment and covenants and agrees with the Credit Union that so long as any monies are owing to the Credit Union by the Borrower it will not make any payment whatsoever to the Shareholders on the said indebtedness, or as withdrawal of preferred shares, dividends, or retained earnings or in payment of common shares, and no interest may be paid by the Borrower to the Shareholder on the said indebtedness without the consent of the Credit Union.
Agreement of Borrower. Receipt of a copy of the foregoing Subordination Agreement is hereby acknowledged and the contents thereof are hereby incorporated herein as if fully set forth. The Borrower agrees that, for a breach in any term or provision contained in the foregoing Subordination Agreement, or for any misrepresentation made therein, the Bank may at its option, and without notice and without prejudice to any other action it may take, declare all the debts and liabilities of the Borrower to the Bank immediately due and payable.
Agreement of Borrower. The Borrower hereby agrees that, with respect to any Net Available Proceeds in excess of $3,000,000 received by the Borrower or any of its Included Subsidiaries in respect of Dispositions made during Fiscal Year 2007 pursuant to Section 7.03(g), it will exercise (to the extent the conditions therein are satisfied) the right set forth in Section 2.10(b)(vii) of the Credit Agreement to offer to apply such portion of such Net Available Proceeds to the prepayment of outstanding Tranche B Loans under and as defined in the Second Lien Credit Agreement; nothing herein shall be deemed to affect the obligation of the Borrower to make the prepayments provided in Section 2.10(b) of the Credit Agreement as a result of any such Disposition to the extent that either such conditions are not satisfied or any of the Tranche B Lenders (as defined in the Second Lien Credit Agreement) elect not to be prepaid from such Net Available Proceeds.
Agreement of Borrower. Anything to the contrary contained herein notwithstanding, any agreement, consent or undertaking contained herein that is applicable to the Borrower other than the Company shall only take effect as to the Borrower.
Agreement of Borrower. The undersigned Borrower hereby approves of, agrees to and consents to all of the terms and provisions of the foregoing Subordination Agreement and agrees to be bound thereby and further agrees that any default or event of default by the Borrower under any present or future instrument or agreement between the Borrower and the Creditor shall constitute an immediate default and event of default under all present and future instruments and agreements between the Borrower and Silicon. Borrower further agrees that, at any time and from time to time, the foregoing Agreement may be altered, modified or amended by Silicon and the Creditor without notice to or the consent of Borrower. Borrower further covenants and agrees not to prepay any part of the Junior Debt or to cause the Junior Debt to be accelerated.
Agreement of Borrower. The Borrower hereby accepts the offer of the Credit Union to extend the time for payment of the amount owing on the Mortgage loan, and acknowledges, covenants and agrees as follows:
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Agreement of Borrower. Within fifteen (15) Business Days after the Third Amendment Effective Date, Borrower shall deliver to the Agent evidence of re-affirmation of the rating issued by Xxxx-Xxxxx Ratings Company, which shall be reasonably acceptable to the Agent.
Agreement of Borrower. Borrower hereby acknowledges (i) the continued existence of the indebtedness evidenced by the Note; (ii) that this document is a modification of the terms of an existing contractual relationship between the parties in order to increase the principle loan amount and is not intended as a cancellation of the original debt or the creation of a new debt; (iii) that the acceptance by the Lender of this Agreement is not a waiver by Lender of any rights Lender may possess under the Note or any other documents or instruments evidencing the Loan (collectively, the "Loan Documents"); and (iv) that the failure by Borrower to fully and promptly perform under the Note or any other Loan Document shall entitle Lender to exercise any and all rights granted to Lender under the Note or any Loan Document, or otherwise as provided under applicable law.

Related to Agreement of Borrower

  • Replacement of Borrower From time to time and subject to the successor Borrower’s meeting the eligibility requirements set forth in Section 6.9 of the Intercreditor Agreement applicable to the Subordination Agent, upon the effective date and time specified in a written and completed Notice of Replacement Subordination Agent in substantially the form of Annex VI attached hereto (a “Notice of Replacement Subordination Agent”) delivered to the Liquidity Provider by the then Borrower, the successor Borrower designated therein shall be substituted for the Borrower for all purposes hereunder.

  • Cooperation of Borrower If necessary, Borrower agrees to (i) execute any documents (including new Secured Promissory Notes) reasonably required to effectuate and acknowledge each assignment of a Term Loan Commitment or Loan to an assignee in accordance with Section 12.1, (ii) make Borrower’s management available to meet with Collateral Agent and prospective participants and assignees of Term Loan Commitments or Credit Extensions (which meetings shall be conducted no more often than twice every twelve months unless an Event of Default has occurred and is continuing), and (iii) assist Collateral Agent or the Lenders in the preparation of information relating to the financial affairs of Borrower as any prospective participant or assignee of a Term Loan Commitment or Term Loan reasonably may request. Subject to the provisions of Section 12.9, Borrower authorizes each Lender to disclose to any prospective participant or assignee of a Term Loan Commitment, any and all information in such Lender’s possession concerning Borrower and its financial affairs which has been delivered to such Lender by or on behalf of Borrower pursuant to this Agreement, or which has been delivered to such Lender by or on behalf of Borrower in connection with such Lender’s credit evaluation of Borrower prior to entering into this Agreement.

  • Condition of Borrower Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

  • Condition of Borrower or Guarantor The insolvency, bankruptcy, arrangement, adjustment, composition, liquidation, disability, dissolution or lack of power of Borrower, Guarantor or any other party at any time liable for the payment of all or part of the Guaranteed Obligations; or any dissolution of Borrower or Guarantor, or any sale, lease or transfer of any or all of the assets of Borrower or Guarantor, or any changes in the shareholders, partners or members of Borrower or Guarantor; or any reorganization of Borrower or Guarantor.

  • Location of Borrower The Borrower's place of business (or, if the Borrower has more than one place of business, its chief executive office) is located at the address listed under the Borrower's signature on this Agreement.

  • Organization of Borrower With respect to each Mortgage Loan, in reliance on certified copies of the organizational documents of the Borrower delivered by the Borrower in connection with the origination of such Mortgage Loan, the Borrower is an entity organized under the laws of a state of the United States of America, the District of Columbia or the Commonwealth of Puerto Rico. Except with respect to any Crossed Mortgage Loan, no Mortgage Loan has a Borrower that is an Affiliate of another Borrower under another Mortgage Loan. (An “Affiliate” for purposes of this paragraph (39) means, a Borrower that is under direct or indirect common ownership and control with another Borrower.)

  • Condition of Borrowers Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrowers and any other guarantor such information concerning the financial condition, business and operations of the Borrowers and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrowers or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

  • Appointment of Borrower Each of the Loan Parties hereby appoints the Borrower to act as its agent for all purposes of this Agreement, the other Loan Documents and all other documents and electronic platforms entered into in connection herewith and agrees that (a) the Borrower may execute such documents and provide such authorizations on behalf of such Loan Parties as the Borrower deems appropriate in its sole discretion and each Loan Party shall be obligated by all of the terms of any such document and/or authorization executed on its behalf, (b) any notice or communication delivered by the Administrative Agent, L/C Issuer or a Lender to the Borrower shall be deemed delivered to each Loan Party and (c) the Administrative Agent, L/C Issuer or the Lenders may accept, and be permitted to rely on, any document, authorization, instrument or agreement executed by the Borrower on behalf of each of the Loan Parties.

  • Reaffirmation of Credit Party Obligations Each Credit Party hereby ratifies the Credit Agreement and acknowledges and reaffirms (a) that it is bound by all terms of the Credit Agreement applicable to it and (b) that it is responsible for the observance and full performance of its respective Credit Party Obligations.

  • DESTRUCTION OF BORROWER'S DOCUMENTS Any documents, schedules, invoices or other papers delivered to Bank, may be destroyed or otherwise disposed of by Bank six (6) months after they are delivered to or received by Bank, unless Borrower requests, in writing, the return of the said documents, schedules, invoices or other papers and makes arrangements, at Borrower's expense, for their return.

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