BANKBOSTON, N Sample Clauses
BANKBOSTON, N. A. (formerly known as The First National Bank of Boston), a national banking association, as agent (in such capacity the "Agent") for itself and the other financial institutions from time to time parties to the Loan Agreement referred to below (collectively, the "Banks"); and (d) the BANKS, amending certain provisions of the Loan Agreement dated as of April 14, 1997, by and among the Borrowers, the Guarantors, the Agent and the Banks (as amended or modified and in effect from time to time, the "Loan Agreement"). Terms not otherwise defined herein which are defined in the Loan Agreement shall have the respective meanings herein assigned to such terms in the Loan Agreement. Terms not otherwise defined herein or in the Loan Agreement but which are defined in ss.1.1 of this Amendment shall have the respective meanings in this Amendment assigned to such terms in ss.
BANKBOSTON, N. A. acting as agent for the Banks. ----- Agent's Special Counsel. Xxxxxxx, Xxxx & Xxxxx LLP or such other counsel ----------------------- as may be approved by the Agent. Applicable Margin. For each period commencing on an Adjustment Date ----------------- through the date immediately preceding the next Adjustment Date (each a "Rate Adjustment Period"), the Applicable Margin shall be the applicable margin set forth below with respect to the Borrower's Leverage Ratio, as determined for the fiscal period of the Borrower and its Subsidiaries ending immediately prior to the applicable Rate Adjustment Period. Eurodollar Rate Letter of Credit Base Rate Loans loans Fee Tier Leverage Ratio (basis points) basic points (basis points) ------------------ ------------------------- ------------------------ ------------------- ------------------- 1 Less than 2.00:1.00 0 125 125 -------------------------------------------------------------------------------------------------------------------- 2 Less than 2.50:1.00 but 150 150 greater than or equal to 2.00:1.00 0 -------------------------------------------------------------------------------------------------------------------- 3 Greater than or equal to 200 200 2.50:1.00 50 Notwithstanding the foregoing, (a) Loans outstanding and Letter of Credit Fees payable during the period commencing on the Closing Date through the date immediately preceding the first Adjustment Date to occur after the fiscal quarter ending September 30, 1997, the Applicable Margin shall be a Tier 2, and (b) if the Borrower fails to deliver any Compliance Certificate pursuant to (S)9.4(d) hereof then, for the period commencing on the next Adjustment Date to occur subsequent to such failure through the date immediately following the date on which such Compliance Certificate is delivered, the Applicable Margin shall be the highest Applicable Margin set forth above. Asset Sale. Any one or series of related transactions on which any Person ----------- conveys, sells, transfers or otherwise disposes of, directly or indirectly, any of its properties, businesses or assets (including the sale or issuance of capital stock of any Subsidiary other than to the Borrower or any Subsidiary) whether owned on the Closing Date or thereafter acquired.
BANKBOSTON, N. A. acting as agent for the Banks. ----- Agent's Special Counsel. Xxxxxxx Xxxx LLP or such other counsel as may be ------------------------ approved by the Agent.
BANKBOSTON, N. A. shall have not declined to fund any advance under the Parent/BKB Credit Agreement that was scheduled to be funded prior to, or is scheduled to be funded contemporaneously with, the then current Interim Steamboat Construction Project Advance;
BANKBOSTON, N. A. By --------------------------- Authorized Signature
BANKBOSTON, N. A. acting as agent for the Banks. ----- Agent's Head Office. The Agent's head office located at 100 Federal ------------------- Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000, or at such other location as the Agent may designate from time to time.
BANKBOSTON, N. By: ----------------------------------------- Debrx X. Xxxxx, Xxrector Address for Notices: BankBoston, N.A. 100 Xxxxxxx Xxxxxx, Xxil Stop: 01-09-05 Bostxx, Xxxxxxxxxxxxx 00000 Attention: Debrx X. Xxxxx, Xxrector Telecopier: (617) 000-0000 AGENT: BANKBOSTON, N.A., as Agent By: ----------------------------------------- Debrx X. Xxxxx, Xxrector Address for Notices: BankBoston, N.A. 100 Xxxxxxx Xxxxxx, Xxil Stop: 01-09-05 Bostxx, Xxxxxxxxxxxxx 00000 Attention: Debrx X. Xxxxx, Xxrector Telecopier: (617) 000-0000 62 BORROWERS: JERRY'S FAMOUS DELI, INC. By: ----------------------------------------- Title: JFD, INC. By: ----------------------------------------- Title: NATIONAL DELI CORPORATION By: ----------------------------------------- Title: JERRY'S FAMOUS DELI L.A., INC. By: ----------------------------------------- Title: EXHIBIT 2.1(a) REVOLVING NOTE $______________ Dated as of [ ], 1998 FOR VALUE RECEIVED, JERRY'S FAMOUS DELI, INC., JFD, INC., NATIONAL DELI CORPORATION and JERRY'S FAMOUS DELI L.A., INC. (collectively, the "Borrowers"), hereby jointly and severally promise to pay to the order of [ ] (hereinafter, together with its successors in title and assigns, called the "Lender"), at the office of BankBoston, N.A. (the "Agent") pursuant to the Credit Agreement (as amended or extended from time to time, the "Credit Agreement"), dated as of September 11, 1998, among the Borrowers, the various financial institutions that are now or hereafter become Lenders under the Credit Agreement and the Agent, the principal sum of $________ or, if less, the aggregate unpaid principal amount of Revolving Loans advanced by the Lender to any of the Borrowers pursuant to the Credit Agreement, together with interest on the principal balance thereof from time to time outstanding from the date hereof until payment in full, without set-off, deduction or counterclaim, on the dates and in such amounts as specified in the Credit Agreement, and at the final maturity of this Note, whether by payment or prepayment, acceleration or otherwise. Interest accruing on the unpaid balance hereof from time to time shall be calculated on the basis of a 360-day year for the actual number of days elapsed. Overdue principal (whether at maturity, by reason of acceleration or otherwise) and, to the extent permitted by applicable law, overdue interest and fees or any other amounts payable under the Credit Agreement due to the Borrowers' failure to pay the same in full shall bear interest from and ...
BANKBOSTON, N. A. as Lender. With respect to its Commitment Percentage of the Loans hereunder, BankBoston, N.A. shall have the same rights and powers under this Agreement and the other Lender Agreements as any other Lender and may exercise the same as though it were not the Agent; and the term "Lender" or "Lender(s)" shall, unless otherwise expressly indicated, include BankBoston, N.A. in its individual capacity. BankBoston, N.A. and its affiliates may lend money to, and generally engage in any kind of business with, the Parent, the Borrowers, any of the Parent's or the Borrowers' Affiliates and any entity that may do business with or own securities of the Parent, the Borrowers or any of their Affiliates, all as if BankBoston, N.A. were not the Agent and"without any duty to account therefor to the Lenders.
BANKBOSTON, N. A. By: ------------------------------------- Name: ----------------------------------- Title: ---------------------------------- 37 MERRXXX XXXCX XXXIOR FLOATING RATE FUND, INC. By: ------------------------------------- Name: ----------------------------------- Title: ---------------------------------- MERRXXX XXXCX XXXME RATE PORTFOLIO By: Merrxxx Xxxcx Xxxet Management, LP, as Investment Advisor By: ------------------------------------- Name: ----------------------------------- Title: ---------------------------------- XXXXXXX XXXXXXX XXXDING LLC By: ------------------------------------- Name: ----------------------------------- Title: ---------------------------------- CRESCENT/MACH I PARTNERS, L.P. By: TCW Asset Management Company, its Investment Manager By: ------------------------------------- Name: ----------------------------------- Title: ---------------------------------- XXX XXXXXXXX-0 XXX By: ------------------------------------- Name: ----------------------------------- Title: ---------------------------------- ROYALTON COMPANY By: Pacific Investment Management Company, as its Investment Advisor By: ------------------------------------- Name: ----------------------------------- Title: ---------------------------------- JACKXXX XXXIONAL LIFE INSURANCE COMPANY By: PPM America, Inc., as attorney-in-fact, on behalf of Jackxxx Xxxional Life Insurance Company By: ------------------------------------- Name: ----------------------------------- Title: ---------------------------------- This page has been intentionally left blank. 45 THE ING CAPITAL SENIOR SECURED HIGH INCOME FUND, L.P. By: ------------------------------------- Name: ----------------------------------- Title: ---------------------------------- SENIOR DEBT PORTFOLIO By: By Boston Management and Research, as Investment Advisor By: ------------------------------------- Name: ----------------------------------- Title: ---------------------------------- EATOX XXXXX XXXTITUTIONAL SENIOR LOAN FUND By: Eatox Xxxxx Xxxagement, as Investment Advisor By: ------------------------------------- Name: ----------------------------------- Title: ---------------------------------- CYPRESSTREE INVESTMENT PARTNERS I, LTD. By: CypressTree Investment Management Company, Inc., as Portfolio Manager By: ------------------------------------- Name: ----------------------------------- Title: ---------------------------------- JOHN XXXCXXX XXXUAL LIFE By: ------------------------------------- Name: ----------------...