Captions Not Controlling. Captions and headings have been included in this Agreement for the convenience of the parties, and shall not be construed as affecting the content of the respective Sections.
Captions Not Controlling. Captions and headings have been included in this Guaranty for the convenience of the parties, and shall not be construed as affecting the content of the respective paragraphs.
Captions Not Controlling. Captions and headings have been included in this Guaranty for the convenience of the parties, and shall not be construed as affecting the content of the respective paragraphs. THE PARTIES HEREBY IRREVOCABLY WAIVE ALL RIGHT TO A TRIAL BY JURY IN ANY LITIGATION, ACTION OR OTHER PROCEEDING (A) LENDER BRINGS TO ENFORCE OR COLLECT THE OBLIGATIONS OF THIS GUARANTY; (B) ALLEGING THAT LENDER HAS BREACHED ANY DUTY, OBLIGATION OR AGREEMENT, EXPRESS OR IMPLIED, RELATING TO THE OBLIGATIONS OF THIS GUARANTY; (C) ALLEGING THAT ANY PARTY OR SUCH PARTY’S OFFICERS, EMPLOYEES, REPRESENTATIVES, ATTORNEYS OR AGENTS HAVE ACTED WRONGFULLY, NEGLIGENTLY OR TORTIOUSLY WITH RESPECT TO THE OBLIGATIONS OF ANY BORROWER, ENDORSER OR GUARANTOR; OR (D) BETWEEN THE PARTIES RELATED HERETO. THIS WAIVER OF JURY TRIAL DOES NOT WAIVE GUARANTOR’S OR LENDER’S RIGHT TO BRING A LAW SUIT THAT A JUDGE, WITHOUT A JURY, WOULD DECIDE. IN ADDITION, THE GUARANTOR ACKNOWLEDGES A THOROUGH UNDERSTANDING OF THE TERMS OF THIS GUARANTY AND AGREES TO BE BOUND THEREBY. This Guaranty is executed and delivered to Lender to as of the Effective Date. GUARANTOR: /s/ Xxxx X. Xxxx Xxxx X. Xxxx STATE OF TENNESSEE ) COUNTY OF XXXXXXXXXX ) Before me, the undersigned, a Notary Public of the State and County aforesaid, personally appeared Xxxx X. Xxxx, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), the within named bargainor, and who executed the foregoing instrument for the purpose therein contained. Witness my hand and notary seal this 2nd day of May, 2014. /s/ Xxxxxxx X. Xxxxxxx Notary Public My commission expires: August 22, 2016 [Affix Notary Seal]
Captions Not Controlling. The divisions of this Amendment into sections and the use of captions and headings in connection therewith are solely for convenience and shall have no legal effect in construing the provisions of this Amendment.
Captions Not Controlling. Captions and headings have been included in this Agreement for the convenience of the parties, and shall not be construed as affecting the content of the respective paragraphs. Executed the date first written above. THE UNDERSIGNED ACKNOWLEDGE A THOROUGH UNDERSTANDING OF THE TERMS OF THIS AGREEMENT AND AGREE TO BE BOUND THEREBY: THE CIT GROUP/EQUIPMENT FINANCING, INC. By: /s/ Xxxxx X. Xxxxx ---------------------------- Xxxxx X. Xxxxx Title: Sr. Vice President XXXXXXX XXXXXXX TRUST BY: /s/ Xxxxxxx Xxxxxxx -------------------------------- XXXXXXX XXXXXXX, TRUSTEE SECURITIES AGENT: ___________________________________ Name Printed: _____________________ Title: ____________________________
Captions Not Controlling. Captions and headings have been included in this Agreement for the convenience of the parties, and shall not be construed as affecting the content of the respective paragraphs. Executed the date first written above. THE UNDERSIGNED ACKNOWLEDGE A THOROUGH UNDERSTANDING OF THE TERMS OF THIS AGREEMENT AND AGREE TO BE BOUND THEREBY: NATIONSBANK OF TENNESSEE, N.A. By: /s/ John X. Xxxxxxxxxxx ---------------------------------- Title: Banking Officer ------------------------------ SHOLODGE, INC. By: /s/ Leon Xxxxx ---------------------------------- Title: President ------------------------------ SHONEY'S INN OF LEBANON, INC. By: /s/ Leon Xxxxx ---------------------------------- Title: President ------------------------------ SHONEY'S INN, INC. By: /s/ Leon Xxxxx ---------------------------------- Its: President -------------------------------- NASHVILLE AIR ASSOCIATES, INC. By: /s/ Leon Xxxxx ---------------------------------- Title: President ------------------------------ MOORX XXX ASSOCIATES, INC. By: /s/ Leon Xxxxx ---------------------------------- Title: President ------------------------------ SUNSHINE INNS, INC. By: /s/ Leon Xxxxx ---------------------------------- Title: President ------------------------------ LAFLA INN, INC. By: /s/ Leon Xxxxx ---------------------------------- Title: President ------------------------------ SOUTHEAST TEXAS INNS, INC. By: /s/ Leon Xxxxx ---------------------------------- Title: President ------------------------------ DELAWARE INNS, INC. ALABAMA LODGING CORPORATION By: /s/ Leon Xxxxx ---------------------------------- Title: President ------------------------------ FRONT RANGE SUITES, INC. By: /s/ Leon Xxxxx ---------------------------------- Title: President ------------------------------ MIDWEST INNS, INC. By: /s/ Leon Xxxxx ---------------------------------- Title: President ------------------------------ FAR WEST INNS, INC. By: /s/ Leon Xxxxx ---------------------------------- Title: President ------------------------------ CAROLINA INNS, INC. By: /s/ Leon Xxxxx ---------------------------------- Title: President ------------------------------ SHONEY'S INN OF BATON ROUGE, A A TENNESSEE GENERAL PARTNERSHIP By: Two Seventeen, Inc., General Partner By: /s/ Leon Xxxxx ----------------------------- Its: President ----------------------------- By: Inn Partners, Inc., General Partner By: /s/ Leon Xxxxx ----------------------------- Its: President ----------------------------- $10,000,000.00 Nashville, Tennessee November 6...
Captions Not Controlling. Captions and headings have been included in this Agreement for the convenience of the parties, and shall not be construed as affecting the content of the respective paragraphs. EXECUTED the date first written above. THE UNDERSIGNED ACKNOWLEDGE A THOROUGH UNDERSTANDING OF THE TERMS OF THIS AGREEMENT AND AGREE TO BE BOUND THEREBY: REGIONS BANK, Lender By: ___________________________________________________ Title: ________________________________________________ PYRAMID COACH, INC., Borrower By: ___________________________________________________ XXXXXXX X. XXXXXX, President DW LEASING COMPANY, LLC, Borrower By: ___________________________________________________ XXXXXXX X. XXXXXX, Member By: ___________________________________________________ XXXXX X. XXXXXXXXX, Member EXHIBIT A Five (5) luxury motor coaches with vehicle identification numbers as follows: 1996 Prevost Conversion VIN #0XXX0000XX0000000 1996 Eagle 15-45 Conversion VIN #0XXXX0X00XX000000 1995 Eagle 15-45 Conversion VIN #1EUBM6A13SBOO4O63 1996 Eagle 15-45 Conversion VIN #1EUBM6A13TBOO4O81 1997 Eagle 15-45 Conversion VIN #XXXXX0X00XX000000 PROMISSORY NOTE $1,240,000.00 As of June 1, 2000 FOR VALUE RECEIVED, Pyramid Coach, Inc. and DW Leasing Company, LLC ("Makers") jointly and severally promise to pay to the order of Regions Bank, a banking corporation ("Payee"), the sum of One Million Two Hundred Forty Thousand and No/100 Dollars ($1,240,000.00), together with interest thereon at the variable rate of equal to three hundred basis points, or three percent (3.0%) over the 30 day London Interbank Offered Rate ("LIBOR") as published in The Wall Street Journal under the section entitled "Money Rates", as it may change from time to time; provided, however, at no time will the interest rate be less than seven and one-half percent (7.50%), per annum, nor greater than eleven and one-half percent (11.50%) per annum. Payments, inclusive of both principal and accrued interest, in the initial amount of $16,120.07 each, shall become due on the 1S~ day of each successive month, beginning on July 1, 2000. The amount of each payment is subject to adjustment and reamortization as necessary at the end of each calendar quarter to reflect any changes in the interest rate. All remaining principal and accrued interest under the Note shall become due and payable on June 1, 2003. Interest hereunder shall be calculated based upon a 360 day year and actual days elapsed. The interest rate required hereby shall not exceed th...
Captions Not Controlling. The captions in this Lease and the table of contents preceding this Lease are for convenience and reference only and in no way define, limit, describe or enhance the scope or intent of this Lease nor in any way affect this Lease.
Captions Not Controlling. Captions and headings have been included in this Assignment for the convenience of the parties, and shall not be construed as affecting the content of the respective paragraphs. Executed as of the date first written above. THE UNDERSIGNED ACKNOWLEDGE A THOROUGH UNDERSTANDING OF THE TERMS OF THIS ASSIGNMENT AND AGREE TO BE BOUND THEREBY: FINOVA MEZZANINE CAPITAL INC. By: /s/ Lonaxx X. Xxxxxxxxxx --------------------------------- Title: Vice President ------------------------------ BIKERS DREAM, INC. By: /s/ H. Rxxxxxxx --------------------------------- Title: CEO ------------------------------
Captions Not Controlling. The captions used in this Agreement and schedules are solely for reference purposes and such captions shall not be considered in construing or interpreting any provision of this Agreement.
