BAS LEASE; MCCOY PROMISSORY NOTE AND CONSULTANT AGREEMENT Sample Clauses

BAS LEASE; MCCOY PROMISSORY NOTE AND CONSULTANT AGREEMENT. Synergixxxx Partners has guaranteed the performance of BAS under a Lease Agreement dated August 7, 1996, executed by BAS Enterprises, L.L.C., as landlord, and BAS, as Tenant, covering the premises located at 117 1st Avenue, South Charleston, West Virginia 25303. _Xxxxxxxxxxx Xxxxxxxx xxx xxxxxxxxxx xxx xxxxxxxxxxx of BAS under (i) a Promissory Note dated August 27, 1996, payable to Becky McCoy in the original principal amount of $75,000, and (ii) a Consultant Agreement dated August 27, 1996, executed by BAS, as Employer, and Becky McCoy, as Consultant. INVATEC will use its reasonxxxx xxxxxxs (including substitution of its own guaranty) to ensure that as of the Effective Time, or within 90 days after the Effective Time, these three guaranties are terminated; provided, however, that (i) if Synergistic Partners arranges for the termination of such guaranties as of the Effective Time, solely by INVATEC substituting its own guaranties, on substantially the same terms as the existing guaranties, then INVATEC will execute and deliver such substitute guaranties as of the Effective Time, and (ii) if INVATEC is unable to effect the termination of any of these guaranties, INVATEC will indemnify and hold harmless Synergistic Partners from and against any liabilities, claims, demands, judgments, losses, costs, damages or expenses whatsoever (including reasonable attorneys' fees) that Synergistic Partners may sustain, suffer or incur, that result from or arise out of these guaranties, or the obligations of BAS under the Lease Agreement, the Promissory Note or the Consultant Agreement.
Sample 1
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Related to BAS LEASE; MCCOY PROMISSORY NOTE AND CONSULTANT AGREEMENT

  • Assignment of Management Agreement As additional collateral security for the Loan, Borrower conditionally transfers, sets over, and assigns to Lender all of Borrower’s right, title and interest in and to the Management Agreement and all extensions and renewals. This transfer and assignment will automatically become a present, unconditional assignment, at Lender’s option, upon a default by Borrower under the Note, the Loan Agreement, the Security Instrument or any of the other Loan Documents (each, an “Event of Default”), and the failure of Borrower to cure such Event of Default within any applicable grace period.

  • MANAGEMENT AGREEMENT AND FRANCHISE AGREEMENT (a) At or prior to the Closing, Seller shall terminate the Existing Management Agreement and the Existing Franchise Agreement, and Seller shall be solely responsible for all claims and liabilities arising thereunder on, prior to or following the Closing Date, except termination or similar fees, which shall be paid by Buyer. Seller shall be responsible for paying all costs related to the termination of the Existing Management Agreement and Buyer shall be responsible for paying all reasonable and actual costs of the Franchisor related to the assignment or termination, as applicable, of the Existing Franchise Agreement. (b) At Closing, Buyer shall enter into the New Management Agreement in the form attached as Exhibit E and the New Franchise Agreement, effective as of the Closing Date, containing terms and conditions acceptable to Buyer (including, without limitation, such terms and conditions as may be required to accommodate Buyer’s and/or Buyer’s Affiliates’ REIT structure). (c) Seller shall use best efforts to promptly provide all information required by the Franchisor in connection with the New Franchise Agreement. Prior to the expiration of the Review Period, Buyer and Franchisor shall agree on the form and substance of the New Franchise Agreement. Except as otherwise provided in this Contract, the New Franchise Agreement shall contain such terms and conditions as are acceptable to Buyer in its sole and absolute discretion.

  • Property Management Agreement The Property Management Agreement is in full force and effect and, to Borrower's Knowledge, there are no defaults thereunder by any party thereto and no event has occurred that, with the passage of time and/or the giving of notice would constitute a default thereunder.

  • Reciprocal Easement Agreements (a) Neither Borrower, nor any other party is currently in default (nor has any notice been given or received with respect to an alleged or current default) under any of the terms and conditions of the REA, and the REA remains unmodified and in full force and effect; (b) All easements granted pursuant to the REA which were to have survived the site preparation and completion of construction (to the extent that the same has been completed), remain in full force and effect and have not been released, terminated, extinguished or discharged by agreement or otherwise; (c) All sums due and owing by Borrower to the other parties to the REA (or by the other parties to the REA to the Borrower) pursuant to the terms of the REA, including without limitation, all sums, charges, fees, assessments, costs, and expenses in connection with any taxes, site preparation and construction, non-shareholder contributions, and common area and other property management activities have been paid, are current, and no lien has attached on the Property (or threat thereof been made) for failure to pay any of the foregoing; (d) The terms, conditions, covenants, uses and restrictions contained in the REA do not conflict in any manner with any terms, conditions, covenants, uses and restrictions contained in any Lease or in any agreement between Borrower and occupant of any peripheral parcel, including without limitation, conditions and restrictions with respect to kiosk placement, tenant restrictions (type, location or exclusivity), sale of certain goods or services, and/or other use restrictions; and (e) The terms, conditions, covenants, uses and restrictions contained in each Lease do not conflict in any manner with any terms, conditions, covenants, uses and restrictions contained in the REA, any other Lease or in any agreement between Borrower and occupant of any peripheral parcel, including without limitation, conditions and restrictions with respect to kiosk placement, tenant restrictions (type, location or exclusivity), sale of certain goods or services, and/or other use restrictions.

  • Client Agreement We are not required to enter into a written agreement complying with the Code relating to the services that are to be provided to you.

  • Lease Agreement On the terms stated in this Lease, Landlord leases the Premises to Tenant, and Tenant leases the Premises from Landlord, for the Term beginning on the Commencement Date and ending on the Termination Date unless extended or sooner terminated pursuant to this Lease.

  • Student Agreement It is important that I work to the best of my ability. Therefore, I shall strive to do the following:

  • Management Agreement The Management Agreement is in full force and effect and there is no default thereunder by any party thereto and no event has occurred that, with the passage of time and/or the giving of notice would constitute a default thereunder.

  • Consulting Agreements Buyer shall have entered into the Consulting Agreements with the Shareholders.

  • Fifth Amended and Restated Limited Liability Company Operating Agreement Dated as of November 30, 2012

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