Common use of Certifications From Banks and Participants; US PATRIOT Act Clause in Contracts

Certifications From Banks and Participants; US PATRIOT Act. Each Lender or assignee or participant of a Lender that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA PATRIOT Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to the Agent the certification, or, if applicable, recertification, certifying that such Lender is not a “shell” and certifying to other matters as required by Section 313 of the USA PATRIOT Act and the applicable regulations: (1) within 10 days after the Closing Date, and (2) as such other times as are required under the USA PATRIOT Act. Each of the parties has signed this Agreement as of the day and year first above written. SPARTON CORPORATION By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx, Senior Vice President and Chief Financial Officer SPARTON ELECTRONICS FLORIDA, INC. By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx, Treasurer and Secretary SPARTRONICS, INC. By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx, Treasurer and Secretary SPARTON MEDICAL SYSTEMS, INC. By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx, Treasurer and Secretary SPARTRONICS VIETNAM CO., LTD. By: /s/ Xxxx X. Xxxx Xxxx X. Xxxx, General Director SPARTON TECHNOLOGY, INC. By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx, Treasurer and Secretary SPARTON OF CANADA, LIMITED By: /s/ Xxxx X. Xxxx Xxxx X. Xxxx, President Signature Page to Revolving Credit Agreement NATIONAL CITY BUSINESS CREDIT, INC., as Lender and as Agent By: /s/ Xxx Xxxxxxxx Xxx Xxxxxxxx, Vice President 000 Xxxx Xxx Xxxxxx Xxxx Xxxx, Xxxxxxxx 00000 Commitment Percentage: 100% Signature Page to Revolving Credit Agreement DETROIT 37890-3 1122606v9 8/12/2009

Appears in 1 contract

Samples: Security Agreement (Sparton Corp)

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Certifications From Banks and Participants; US PATRIOT Act. Each Lender or assignee or participant of a Lender that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA PATRIOT Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to the Agent the certification, or, if applicable, recertification, certifying that such Lender is not a “shell” and certifying to other matters as required by Section 313 of the USA PATRIOT Act and the applicable regulations: (1) within 10 days after the Closing Date, and (2) as such other times as are required under the USA PATRIOT Act. Each of the parties has signed this Agreement as of the day and year first above written. SPARTON CORPORATION ByBORROWERS: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx, Senior Vice President and Chief Financial Officer SPARTON ELECTRONICS FLORIDAMERISEL, INC. By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxx Xxxxxxx X. Xxxxx, Treasurer and Secretary SPARTRONICSTitle: Chief Financial Officer MERISEL AMERICAS, INC. By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxx Xxxxxxx Title: Chief Financial Officer COLOR EDGE LLC By: /s/ Xxxxxx X. XxxxxXxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Manager COLOR EDGE VISUAL LLC By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Manager COMP 24 LLC By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Manager CRUSH CREATIVE LLC By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Manager Signature Page to Revolving Credit Agreement XXXXXX XXXXXX STUDIOS, Treasurer and Secretary SPARTON MEDICAL SYSTEMSLLC By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Manager MADP, LLC By: MERISEL AMERICAS, INC., as Sole Member By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Chief Financial Officer ADVERTISING PROPS, INC. By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxx Xxxxxxx X. XxxxxTitle: Chief Financial Officer FUEL DIGITAL, Treasurer and Secretary SPARTRONICS VIETNAM COLLC By: MERISEL AMERICAS, INC., LTD. as Sole Member By: /s/ Xxxx Xxxxxx X. Xxxx Xxxx Xxxxxxx Name: Xxxxxx X. XxxxXxxxxxx Title: Chief Financial Officer AGENT: PNC BANK, General Director SPARTON TECHNOLOGY, INC. By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx, Treasurer and Secretary SPARTON OF CANADA, LIMITED By: /s/ Xxxx X. Xxxx Xxxx X. Xxxx, President Signature Page to Revolving Credit Agreement NATIONAL CITY BUSINESS CREDIT, INC.ASSOCIATION, as Lender and as Agent By: /s/ Xxx Xxxxxxxx Xxx Xxxxxxxx, Xxxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Vice President PNC Bank, National Association PNC Business Credit 000 Xxxx Xxxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxxx Xxxx Xxxx, Xxxxxxxx 00000 Commitment Percentage: 100% Signature Page to Revolving Credit Agreement DETROIT 37890-3 1122606v9 8/12/2009XX 00000

Appears in 1 contract

Samples: Security Agreement (Merisel Inc /De/)

Certifications From Banks and Participants; US PATRIOT Act. Each Lender or assignee or participant of a Lender that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA PATRIOT Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to the Agent the certification, or, if applicable, recertification, certifying that such Lender is not a “shell” and certifying to other matters as required by Section 313 of the USA PATRIOT Act and the applicable regulations: (1) within 10 days after the Closing Date, and (2) as such other times as are required under the USA PATRIOT Act. Revolving Credit and Security Agreement Each of the parties has signed this Agreement as of the day and year first above written. SPARTON CORPORATION By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx, Senior Vice President and Chief Financial Officer SPARTON ELECTRONICS FLORIDAHORIZON OFFSHORE, INC. By: /s/ Xxxxxxx RXXXXX X. Xxxxx Xxxxxxx XXXXX Name: RXXXXX X. XxxxxXXXXX Title: VICE PRESIDENT, Treasurer and Secretary SPARTRONICSTREASURER AND CFO HORIZON OFFSHORE CONTRACTORS, INC. By: /s/ Xxxxxxx RXXXXX X. Xxxxx Xxxxxxx XXXXX Name: RXXXXX X. XxxxxXXXXX Title: VICE PRESIDENT, Treasurer and Secretary SPARTON MEDICAL SYSTEMSTREASURER AND CFO HOC OFFSHORE, INC. S. DE R.X. DE C.V. By: /s/ Xxxxxxx RXXXXX X. Xxxxx Xxxxxxx XXXXX Name: RXXXXX X. Xxxxx, Treasurer and Secretary SPARTRONICS VIETNAM CO., XXXXX Title: TREASURER HORIZON MARINE CONSTRUCTION LTD. By: /s/ Xxxx RXXXXX X. Xxxx Xxxx XXXXX Name: RXXXXX X. Xxxx, General Director SPARTON TECHNOLOGY, INCXXXXX Title: VICE PRESIDENT AND TREASURER HORIZON MARINE CONTRACTORS (MALAYSIA) SDN BHD By: /s/ RXXXXX X. XXXXX Name: RXXXXX X. XXXXX Title: DIRECTOR Revolving Credit and Security Agreement PT HORIZON OFFSHORE INDONESIA By: /s/ RXXXXX X. XXXXX Name: RXXXXX X. XXXXX Title: COMMISSIONER HORIZON MARINE CONSTRUCTION (MAURITIUS) LTD. By: /s/ Xxxxxxx RXXXXX X. Xxxxx Xxxxxxx XXXXX Name: RXXXXX X. Xxxxx, Treasurer and Secretary SPARTON OF CANADA, LIMITED ByXXXXX Title: /s/ Xxxx X. Xxxx Xxxx X. Xxxx, President Signature Page to DIRECTOR Revolving Credit and Security Agreement PNC BANK, NATIONAL CITY BUSINESS CREDIT, INC.ASSOCIATION, as Lender and as Agent By: /s/ Xxx Xxxxxxxx Xxx Xxxxxxxx, Vice President 000 Xxxx Xxx Xxxxxx Xxxx Xxxx, Xxxxxxxx 00000 RXX XXXXXX Name: RXX XXXXXX Title: VICE PRESIDENT Commitment Percentage: 100% Signature Page STATE OF ) ) ss. COUNTY OF ) On this ___day of _, 2006, before me personally came , to me known, who, being by me duly sworn, did depose and say that s/he is the of PNC BANK, NATIONAL ASSOCIATION, and that s/he was authorized to sign her/his name thereto. Notary Public Revolving Credit and Security Agreement DETROIT 37890-3 1122606v9 8/12/2009STATE OF TEXAS ) ) ss. COUNTY OF DALLAS ) On this 28th day of April, 2006, before me personally came Rxxxxx X. Xxxxx, to me known, who, being by me duly sworn, did depose and say that he is the of HORIZON OFFSHORE, INC., a Delaware corporation, described in and which executed the foregoing instrument; and that s/he signed her/his name thereto by order of the board of directors of said corporation. Notary Public STATE OF TEXAS ) ) ss. COUNTY OF DALLAS ) On this 28th day of April, 2006, before me personally came Rxxxxx X. Xxxxx, to me known, who, being by me duly sworn, did depose and say that he is the of HORIZON OFFSHORE CONTRACTORS, INC., a Delaware corporation, described in and which executed the foregoing instrument and that s/he signed her/his name thereto by order of the board of directors of said corporation. Notary Public STATE OF TEXAS ) ) ss. COUNTY OF DALLAS ) On this 28th day of April, 2006, before me personally came Rxxxxx X. Xxxxx, to me known, who, being by me duly sworn, did depose and say that he is the ___of HOC OFFSHORE, S. DE R.X. DE C.V., a Mexican limited liability company, described in and which executed the foregoing instrument and that s/he signed her/his name thereto by order of the management committee of said limited liability company. Notary Public Revolving Credit and Security Agreement STATE OF TEXAS ) ) ss. COUNTY OF DALLAS ) On this 28th day of April, 2006, before me personally came Rxxxxx X. Xxxxx, to me known, who, being by me duly sworn, did depose and say that he is the ___of HORIZON MARINE CONTRACTORS (MALAYSIA) SDN BHD, a Mexican limited liability company, described in and which executed the foregoing instrument and that s/he signed her/his name thereto by order of the by order of the management committee of said limited liability company. Notary Public STATE OF TEXAS ) ) ss. COUNTY OF DALLAS ) On this 28th day of April, 2006, before me personally came Rxxxxx X. Xxxxx, to me known, who, being by me duly sworn, did depose and say that he is the of PT HORIZON OFFSHORE INDONESIA, an Indonesia PMA, described in and which executed the foregoing instrument and that s/he signed her/his name thereto by order of the board of directors of said corporation. Notary Public STATE OF TEXAS ) ) ss. COUNTY OF DALLAS ) On this 28th day of April, 2006, before me personally came Rxxxxx X. Xxxxx, to me known, who, being by me duly sworn, did depose and say that he is the ___of HORIZON MARINE CONSTRUCTION (MAURITIUS) LTD., a Mauritius limited liability company, described in and which executed the foregoing instrument and that s/he signed her/his name thereto by order of the management committee of said limited liability company. Notary Public Revolving Credit and Security Agreement STATE OF TEXAS ) ) ss. COUNTY OF DALLAS ) On this 28th day of April, 2006, before me personally came Rxxxxx X. Xxxxx, to me known, who, being by me duly sworn, did depose and say that he is the ___of HORIZON MARINE CONSTRUCTION, LTD., a Cayman Islands limited liability company, described in and which executed the foregoing instrument and that s/he signed her/his name thereto by order of the management committee of said limited liability company. Notary Public Revolving Credit and Security Agreement

Appears in 1 contract

Samples: Credit and Security Agreement (Horizon Offshore Inc)

Certifications From Banks and Participants; US PATRIOT Act. Each Lender or assignee or participant of a Lender that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA PATRIOT Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to the Agent the certification, or, if applicable, recertification, certifying that such Lender is not a “shell” and certifying to other matters as required by Section 313 of the USA PATRIOT Act and the applicable regulations: (1) within 10 days after the Closing Date, and (2) as such other times as are required under the USA PATRIOT Act. Each of the parties has signed this Agreement on the day and year set forth below, to be effective as of the day and year first above written. SPARTON CORPORATION ByBORROWERS: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx, Senior Vice President and Chief Financial Officer SPARTON ELECTRONICS FLORIDAINPUT/OUTPUT, INC. By: /s/ J. Mxxxxxx Xxxxxxx X. Name: J. Mxxxxxx Xxxxxxx Title: Chief Financial Officer Date: May 24, 2005 10000 Xxxx Xxxxx Xxxxx Xxxxxxxx, Xxxxx 00000 GLOBAL CHARTER CORPORATION By: /s/ J. Mxxxxxx Xxxxxxx X. XxxxxName: J. Mxxxxxx Xxxxxxx Title: Vice President Date: May 24, Treasurer and Secretary SPARTRONICS2005 10000 Xxxx Xxxxx Xxxxx Xxxxxxxx, Xxxxx 00000 GMG/AXIS, INC. By: /s/ J. Mxxxxxx Xxxxxxx Name: J. Mxxxxxx Xxxxxxx Title: Vice President Date: May 24, 2005 10000 Xxxx Xxxxx Xxxxx Xxxxxxxx, Xxxxx 00000 GX TECHNOLOGY CORPORATION By: /s/ Mxxxxxx X. Xxxxxxx Name: Mxxxxxx X. Xxxxxxx Title: President Date: May 24, 2005 10000 Xxxx Xxxxx Xxxxx Xxxxxxxx, Xxxxx 00000 97 I/O EXPLORATION PRODUCTS (U.K.), INC. By: /s/ J. Mxxxxxx Xxxxxxx X. XxxxxName: J. Mxxxxxx Xxxxxxx Title: Vice President Date: May 24, Treasurer and Secretary SPARTON MEDICAL 2005 10000 Xxxx Xxxxx Xxxxx Xxxxxxxx, Xxxxx 00000 I/O EXPLORATION PRODUCTS (U.S.A.), INC. By: /s/ J. Mxxxxxx Xxxxxxx Name: J. Mxxxxxx Xxxxxxx Title: Vice President Date: May 24, 2005 10000 Xxxx Xxxxx Xxxxx Xxxxxxxx, Xxxxx 00000 I/O MARINE SYSTEMS, INC. By: /s/ J. Mxxxxxx Xxxxxxx X. Name: J. Mxxxxxx Xxxxxxx Title: Vice President Date: May 24, 2005 10000 Xxxx Xxxxx Xxxxxxx X. XxxxxXxxxx Xxxxxxxx, Treasurer and Secretary SPARTRONICS VIETNAM CO., LTD. By: /s/ Xxxx X. Xxxx Xxxx X. Xxxx, General Director SPARTON TECHNOLOGYXxxxx 00000 I/O OF AUSTIN, INC. By: /s/ J. Mxxxxxx Xxxxxxx X. Name: J. Mxxxxxx Xxxxxxx Title: Vice President Date: May 24, 2005 10000 Xxxx Xxxxx Xxxxxxx X. XxxxxXxxxx Xxxxxxxx, Treasurer and Secretary SPARTON OF CANADAXxxxx 00000 98 I/O SENSORS, LIMITED INC. By: /s/ J. Mxxxxxx Xxxxxxx Name: J. Mxxxxxx Xxxxxxx Title: Vice President Date: May 24, 2005 10000 Xxxx X. Xxxxx Xxxxx Xxxxxxxx, Xxxxx 00000 I/O TEXAS, LP By: Input/Output, Inc., its General Partner By: /s/ J. Mxxxxxx Xxxxxxx Name: J. Mxxxxxx Xxxxxxx Title: Chief Financial Officer Date: May 24, 2005 10000 Xxxx Xxxx X. XxxxXxxxx Xxxxx Xxxxxxxx, President Signature Page to Revolving Credit Agreement NATIONAL CITY BUSINESS CREDITXxxxx 00000 IPOP MANAGEMENT, INC.. By: /s/ J. Mxxxxxx Xxxxxxx Name: J. Mxxxxxx Xxxxxxx Title: Vice President Date: May 24, 2005 10000 Xxxx Xxxxx Xxxxx Xxxxxxxx, Xxxxx 00000 99 PNC BANK, NATIONAL ASSOCIATION, as Lender and as Agent By: /s/ Xxx Xxxxxxxx Xxx Xxxxxxxx, Jxxx Xxxxxxxxx Name: Jxxx Xxxxxxxxx Title: Vice President 000 Xxxx Date: May 24, 2005 2000 Xxx Xxxxxx Xxxx XxxxXxxxxxx, Xxxxxxxx Xxxxx 0000 Xxxxxx, Xxxxx 00000 Commitment Percentage: 10060% Signature Page WHITNEY NATIONAL BANK By: /s/ Exxxx X. Xxxxxxxx Name: Exxxx X. Xxxxxxxx Title: Senior Vice President Date: May 24, 2005 200 Xx. Xxxxxxx Xxxxxx New Orleans, Louisiana 70130 Commitment Percentage: 40% 100 XXXXX XX XXXXX ) ) ss. COUNTY OF HXXXXX ) On this 24th day of May, 2005, before me personally came J. Mxxxxxx Xxxxxxx, to Revolving Credit Agreement DETROIT 37890-3 1122606v9 8/12/2009me known, who, being by me duly sworn, did depose and say that he is the Chief Financial Officer of INPUT/OUTPUT, INC., the corporation described in and which executed the foregoing instrument; and that he signed his name thereto by order of the board of directors of said corporation. /s/ Lxxxxxxx Xxxxx Notary Public STATE OF TEXAS ) ) ss. COUNTY OF HXXXXX ) On this 24th day of May, 2005, before me personally came J. Mxxxxxx Xxxxxxx, to me known, who, being by me duly sworn, did depose and say that he is the Vice President of GLOBAL CHARTER CORPORATION, the corporation described in and which executed the foregoing instrument; and that he signed his name thereto by order of the board of directors of said corporation. /s/ Lxxxxxxx Xxxxx Notary Public STATE OF TEXAS ) ) ss. COUNTY OF HXXXXX ) On this 24th day of May, 2005, before me personally came J. Mxxxxxx Xxxxxxx, to me known, who, being by me duly sworn, did depose and say that he is the Vice President of GMG/AXIS, INC., the corporation described in and which executed the foregoing instrument; and that he signed his name thereto by order of the board of directors of said corporation. /s/ Lxxxxxxx Xxxxx Notary Public 100 XXXXX XX XXXXX ) ) ss. COUNTY OF HXXXXX ) On this 24th day of May, 2005, before me personally came Mxxxxxx X. Xxxxxxx, to me known, who, being by me duly sworn, did depose and say that he is the President of GX TECHNOLOGY CORPORATION, the corporation described in and which executed the foregoing instrument; and that he signed his name thereto by order of the board of directors of said corporation. /s/ Lxxxxxxx Xxxxx Notary Public STATE OF TEXAS ) ) ss. COUNTY OF HXXXXX ) On this 24th day of May, 2005, before me personally came J. Mxxxxxx Xxxxxxx, to me known, who, being by me duly sworn, did depose and say that he is the Vice President of I/O EXPLORATION PRODUCTS (U.K.), INC., the corporation described in and which executed the foregoing instrument; and that he signed his name thereto by order of the board of directors of said corporation. /s/ Lxxxxxxx Xxxxx Notary Public STATE OF TEXAS ) ) ss. COUNTY OF HXXXXX ) On this 24th day of May, 2005, before me personally came J. Mxxxxxx Xxxxxxx, to me known, who, being by me duly sworn, did depose and say that he is the Vice President of I/O EXPLORATION PRODUCTS (U.S.A.), INC., the corporation described in and which executed the foregoing instrument; and that he signed his name thereto by order of the board of directors of said corporation. /s/ Lxxxxxxx Xxxxx Notary Public 100 XXXXX XX XXXXX ) ) ss. COUNTY OF HXXXXX ) On this 24th day of May, 2005, before me personally came J. Mxxxxxx Xxxxxxx, to me known, who, being by me duly sworn, did depose and say that he is the Vice President of I/O MARINE SYSTEMS, INC., the corporation described in and which executed the foregoing instrument; and that he signed his name thereto by order of the board of directors of said corporation. /s/ Lxxxxxxx Xxxxx Notary Public STATE OF TEXAS ) ) ss. COUNTY OF HXXXXX ) On this 24th day of May, 2005, before me personally came J. Mxxxxxx Xxxxxxx, to me known, who, being by me duly sworn, did depose and say that he is the Vice President of I/O OF AUSTIN, INC., the corporation described in and which executed the foregoing instrument; and that he signed his name thereto by order of the board of directors of said corporation. /s/ Lxxxxxxx Xxxxx Notary Public STATE OF TEXAS ) ) ss. COUNTY OF HXXXXX ) On this 24th day of May, 2005, before me personally came J. Mxxxxxx Xxxxxxx, to me known, who, being by me duly sworn, did depose and say that he is the Vice President of I/O SENSORS, INC., the corporation described in and which executed the foregoing instrument; and that he signed his name thereto by order of the board of directors of said corporation. /s/ Lxxxxxxx Xxxxx Notary Public 100 XXXXX XX XXXXX ) ) ss. COUNTY OF HXXXXX ) On this 24th day of May, 2005, before me personally came J. Mxxxxxx Xxxxxxx, to me known, who, being by me duly sworn, did depose and say that he is the Chief Financial Officer of Input/Output, Inc., the general partner of I/O TEXAS, LP., the limited partnership described in and which executed the foregoing instrument; and that he signed his name thereto by order of the partners of said limited partnership. /s/ Lxxxxxxx Xxxxx Notary Public STATE OF TEXAS ) ) ss. COUNTY OF HXXXXX ) On this 24th day of May, 2005, before me personally came J. Mxxxxxx Xxxxxxx, to me known, who, being by me duly sworn, did depose and say that he is the Vice President of IPOP MANAGEMENT, INC., the corporation described in and which executed the foregoing instrument; and that he signed his name thereto by order of the board of directors of said corporation. /s/ Lxxxxxxx Xxxxx Notary Public 100 XXXXX XX XXXXX ) ) ss. COUNTY OF HXXXXX ) On this 24th day of May, 2005, before me personally came Jxxx Xxxxxxxxx, to me known, who, being by me duly sworn, did depose and say that he is the Vice President of PNC BANK, NATIONAL ASSOCIATION, and that he was authorized to sign his name thereto. /s/ Lxxxxxxx Xxxxx Notary Public STATE OF TEXAS ) ) ss. COUNTY OF HXXXXX ) On this th day of May, 2005, before me personally came Exxxx X. Xxxxxxxx, to me known, who, being by me duly sworn, did depose and say that he is the Senior Vice President of WHITNEY NATIONAL BANK, and that he was authorized to sign his name thereto. /s/ Cxxxxxxxxxx Xxxxxxx Xxxxxx Notary Public

Appears in 1 contract

Samples: Credit and Security Agreement (Input Output Inc)

Certifications From Banks and Participants; US PATRIOT Act. Each Lender or assignee or participant of a Lender that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA PATRIOT Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to the Agent the certification, or, if applicable, recertification, certifying that such Lender is not a “shell” and certifying to other matters as required by Section 313 of the USA PATRIOT Act and the applicable regulations: (1) within 10 days after the Closing Date, and (2) as such other times as are required under the USA PATRIOT Act. Each of the parties has signed this Agreement as of the day and year first above written. SPARTON CORPORATION By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx, Senior Vice President and Chief Financial Officer SPARTON ELECTRONICS FLORIDACROCS, INC. By: /s/ Xxxxxxx X. Xxxxx Xxxxxx Name: Xxxxxxx X. Xxxxx, Treasurer and Secretary SPARTRONICSXxxxxx Title: Chief Financial Officer CROCS RETAIL, INC. By: /s/ Xxxxxxx X. Xxxxx Xxxxxx Name: Xxxxxxx X. Xxxxx, Treasurer and Secretary SPARTON MEDICAL SYSTEMSXxxxxx Title: Chief Financial Officer CROCS ONLINE, INC. By: /s/ Xxxxxxx X. Xxxxx Xxxxxx Name: Xxxxxxx X. Xxxxx, Treasurer and Secretary SPARTRONICS VIETNAM CO., LTD. ByXxxxxx Title: /s/ Xxxx X. Xxxx Xxxx X. Xxxx, General Director SPARTON TECHNOLOGYChief Financial Officer OCEAN MINDED, INC. By: /s/ Xxxxxxx X. Xxxxx Xxxxxx Name: Xxxxxxx X. XxxxxXxxxxx Title: Chief Financial Officer JIBBITZ, Treasurer and Secretary SPARTON OF CANADA, LIMITED LLC By: /s/ Xxxx X. Xxxx Xxxx X. Xxxx, President Signature Page to Revolving Credit Agreement NATIONAL CITY BUSINESS CREDITXxx Xxxxxxx Name: Xxx Xxxxxxx Title: Sole Manager BITE, INC.. By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Chief Financial Officer PNC BANK, as NATIONAL ASSOCIATION, As Lender and as Agent By: /s/ Xxx Xxxxxxxx Xxx Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Vice President 0 Xxxxx Xxxx Xxxxxx, Xxxxx 000 Xxxxxxxx, Vice President 000 Xxxx Xxx Xxxxxx Xxxx Xxxx, Xxxxxxxx XX 00000 Commitment Percentage: 100% Signature Page to Revolving Credit Agreement DETROIT 37890-3 1122606v9 8/12/2009%

Appears in 1 contract

Samples: Security Agreement (Crocs, Inc.)

Certifications From Banks and Participants; US PATRIOT Act. Each ---------------------------------------------------------- Lender or assignee or participant of a Lender that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA PATRIOT Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to the Agent the certification, or, if applicable, recertification, certifying that such Lender is not a "shell" and certifying to other matters as required by Section 313 of the USA PATRIOT Act and the applicable regulations: (1) within 10 days after the Closing Date, and (2) as such other times as are required under the USA PATRIOT Act. Each of the parties has signed this Amended and Restated Revolving Credit, Term Loan and Security Agreement as of the day and year first above written. SPARTON AIR METHODS CORPORATION By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. XxxxxXxxx ------------------ Name: Xxxxx Xxxx Title: Chief Executive Officer Address: 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxx, Senior Vice President and Xxxxxxxx 00000 ROCKY MOUNTAIN HOLDINGS L.L.C. By: Air Methods Corporation, its sole member By: /s/ Xxxxx Xxxx ----------------- Name: Xxxxx Xxxx Title: Chief Financial Executive Officer SPARTON ELECTRONICS FLORIDAAddress: 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxx, Xxxxxxxx 00000 MERCY AIR SERVICE, INC. By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. XxxxxXxxx ----------------- Name: Xxxxx Xxxx Title: Chief Executive Officer Address: 0000 Xxxx Xxx Xxxxxx, Treasurer and Secretary SPARTRONICSXxxxxxxxxx 00000 LIFENET, INC. By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. XxxxxXxxx ----------------- Name: Xxxxx Xxxx Title: Chief Executive Officer Address: 0000 Xxxxx Xxxxxx St. Louis, Treasurer and Secretary SPARTON MEDICAL SYSTEMSMissouri 63103 PNC BANK, INC. By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx, Treasurer and Secretary SPARTRONICS VIETNAM CO., LTD. By: /s/ Xxxx X. Xxxx Xxxx X. Xxxx, General Director SPARTON TECHNOLOGY, INC. By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx, Treasurer and Secretary SPARTON OF CANADA, LIMITED By: /s/ Xxxx X. Xxxx Xxxx X. Xxxx, President Signature Page to Revolving Credit Agreement NATIONAL CITY BUSINESS CREDIT, INC.ASSOCIATION, as Lender and as Agent By: /s/ Xxx Xxxxxxxx Xxx Xxxxxxxx, Xxxxxxx XxXxxxxxx ----------------------- Name: Xxxxxxx XxXxxxxxx Title: Vice President 000 Address: 00 Xxxx 00xx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Commitment Percentage: 45.454545455% XXXXX FARGO BANK, N.A. By: /s/ Xxxxxx X. Xxxx Xxxx-------------------- Name: Xxxxxx X. Xxxx Title: Vice President Address: 0000 Xxxxxxxx Xxxxxx, Xxxxxxxx 00000 Commitment Percentage: 10031.818181818% Signature Page KEYBANK, N.A. By: /s/ Xxxxxxxx Xxxxxxxx ------------------------- Name: Xxxxxxxx Xxxxxxxx Title: Senior Vice President Address: 0000 Xxxxxxxx, Xxxxx 000 Xxxxxx, Xxxxxxxx 00000 Commitment Percentage: 22.727272727% STATE OF COLORADO ) ) ss. COUNTY OF ARAPAHOE ) On this _____ day of May, 2005, before me personally came Xxxxx Xxxx, to me known, who, being by me duly sworn, did depose and say that he is the Chief Executive Officer of Air Methods Corporation, the corporation described in and which executed the foregoing instrument; and that he signed his name thereto by order of the board of directors of said corporation. _________________________ Notary Public STATE OF COLORADO ) ) ss. COUNTY OF ARAPAHOE ) On this _____ day of May, 2005, before me personally came Xxxxx Xxxx, to me known, who, being by me duly sworn, did depose and say that he is the Chief Executive Officer of Air Methods Corporation, the sole member of Rocky Mountain Holdings L.L.C., the limited liability company described in and which executed the foregoing instrument; and that he signed his name thereto by order of the sole member of said limited liability company. _________________________ Notary Public STATE OF COLORADO ) ) ss. COUNTY OF ARAPAHOE ) On this _____ day of May, 2005, before me personally came Xxxxx Xxxx, to me known, who, being by me duly sworn, did depose and say that he is the Chief Executive Officer of Mercy Air Service, Inc., the corporation described in and which executed the foregoing instrument; and that he signed his name thereto by order of the board of directors of said corporation. _________________________ Notary Public STATE OF COLORADO ) ) ss. COUNTY OF ARAPAHOE ) On this _____ day of May, 2005, before me personally came Xxxxx Xxxx, to me known, who, being by me duly sworn, did depose and say that he is the Chief Executive Officer of LifeNet, Inc., the corporation described in and which executed the foregoing instrument; and that he signed his name thereto by order of the board of directors of said corporation. _________________________ Notary Public STATE OF NEW YORK ) ) ss. COUNTY OF NEW YORK ) On this _____ day of May, 2005 before me personally came Xxxxxxx XxXxxxxxx, to me known, who, being by me duly sworn, did depose and say that he is the Vice President of PNC Bank, National Association, and that he was authorized to sign his name thereto. _________________________ Notary Public STATE OF COLORADO ) ) ss. COUNTY OF ARAPAHOE ) On this _____ day of May, 2005, before me personally came Xxxxxx X. Xxxx, to me known, who, being by me duly sworn, did depose and say that she is a Vice President of Xxxxx Fargo Bank, N.A., and that she was authorized to sign her name thereto. _________________________ Notary Public STATE OF COLORADO ) ) ss. COUNTY OF ARAPAHOE ) On this _____ day of May, 2005, before me personally came Xxxxxxxx Xxxxxxxx, to me known, who, being by me duly sworn, did depose and say that she is a Senior Vice President of Keybank, N.A., and that she was authorized to sign her name thereto. _________________________ Notary Public LIST OF EXHIBITS AND SCHEDULES Exhibits Exhibit A Borrowing Base Certificate Exhibit B Compliance Certificate Exhibit C Unencumbered Aircraft Exhibit D Aircraft Collateral Value Exhibit 2.1(a) Revolving Credit Agreement DETROIT 37890-3 1122606v9 8/12/2009Note Exhibit 2.4(a) Term Note A Exhibit 2.4(b) Term Note B Exhibit 8.1(i) Financial Condition Certificate Exhibit 16.3 Commitment Transfer Supplement Schedules Schedule 1.2 Permitted Encumbrances Schedule 4.5 Equipment and Inventory Locations Schedule 4.15(c) Location of Executive Offices Schedule 4.15(h) Deposit and Investment Accounts Schedule 5.2(a) States of Qualification and Good Standing and Organizational ID Numbers Schedule 5.2(b) Subsidiaries Schedule 5.4 Federal Tax Identification Number Schedule 5.6 Prior Names Schedule 5.7 Environmental Schedule 5.8(b) Litigation Schedule 5.8(d) Plans Schedule 5.9 Intellectual Property, Source Code Escrow Agreements Schedule 5.10 Licenses and Permits Schedule 5.14 Labor Disputes Schedule 5.24 Real Property Schedule 7.3 Guarantees Schedule 7.4 Investments Schedule 7.5 Loans Schedule 7.8 Indebtedness Schedule 7.10 Affiliate Transactions Schedule 10.19 Business Interruption Insurance

Appears in 1 contract

Samples: Air Methods Corp

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Certifications From Banks and Participants; US PATRIOT Act. Each Lender or assignee or participant of a Lender that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA PATRIOT Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to the Agent the certification, or, if applicable, recertification, certifying that such Lender is not a "shell" and certifying to other matters as required by Section 313 of the USA PATRIOT Act and the applicable regulations: (1) within 10 days after the Closing Date, and (2) as such other times as are required under the USA PATRIOT Act. Each of the parties has signed this Agreement as of the day and year first above written. SPARTON CORPORATION ATTEST: AIR INDUSTRIES MACHINING, CORP. /s/ Louis A. Giusto By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. XxxxxMichael A. Gales -------------------------- ---------------------------------- Name: LOUIS A. GIUSTO Name: MICHAEL A. GALES Title: Sexxxxxxx Title: Prxxxxxxx PNC BANK, Senior Vice President and Chief Financial Officer SPARTON ELECTRONICS FLORIDA, INC. By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx, Treasurer and Secretary SPARTRONICS, INC. By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx, Treasurer and Secretary SPARTON MEDICAL SYSTEMS, INC. By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx, Treasurer and Secretary SPARTRONICS VIETNAM CO., LTD. By: /s/ Xxxx X. Xxxx Xxxx X. Xxxx, General Director SPARTON TECHNOLOGY, INC. By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx, Treasurer and Secretary SPARTON OF CANADA, LIMITED By: /s/ Xxxx X. Xxxx Xxxx X. Xxxx, President Signature Page to Revolving Credit Agreement NATIONAL CITY BUSINESS CREDIT, INC.ASSOCIATION, as Lender and as Agent By: /s/ Jeffrey J. Bender ---------------------------------- Name: JEFFREY J. BENDER Title: Vxxx Xxxxxxxxx 70 East 55th Street New Yoxx, Xxx Xxxxxxxx Xxx Xxxxxxxx, Vice President 000 Xxxx Xxx Xxxxxx Xxxx Xxxx, Xxxxxxxx 00000 Commitment PercentageXxxxxxxxxx Xxxxxxxxxx: 100000% Signature Page to Revolving Credit Agreement DETROIT 37890-3 1122606v9 8/12/2009List of Exhibits and Schedules Exhibits

Appears in 1 contract

Samples: Security Agreement (Ashlin Development Corp)

Certifications From Banks and Participants; US PATRIOT Act. Each Lender or assignee or participant of a Lender that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA PATRIOT Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to the Agent the certification, or, if applicable, recertification, certifying that such Lender is not a “shell” and certifying to other matters as required by Section 313 of the USA PATRIOT Act and the applicable regulations: (1) within 10 days after the Closing Date, and (2) as such other times as are required under the USA PATRIOT Act. 100 Each of the parties has signed this Agreement as of the day and year first above written. SPARTON CORPORATION ATTEST: GEOKINETICS INC., as Borrowing Agent and as a Borrower /s/ Xxxxxxx X. Xxxxxx By: /s/ Xxxxxx X. Xxxxxxxxx Name: Xxxxxx X. Xxxxxxxxx Title: Vice President ATTEST: GEOPHYSICAL DEVELOPMENT CORPORATION, as a Borrower /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx, Senior Vice President and Chief Financial Officer SPARTON ELECTRONICS FLORIDA, INC. Xxxxxx By: /s/ Xxxxxx X. Xxxxxxxxx Name: Xxxxxx X. Xxxxxxxxx Title: Vice President ATTEST: QUANTUM GEOPHYSICAL, INC., as a Borrower /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx, Treasurer and Secretary SPARTRONICS, INC. Xxxxxx By: /s/ Xxxxxx X. Xxxxxxxxx Name: Xxxxxx X. Xxxxxxxxx Title: Vice President ATTEST: TRACE ENERGY SERVICES LTD., as a Borrower /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx, Treasurer and Secretary SPARTON MEDICAL SYSTEMS, INC. Xxxxxx By: /s/ Xxxxxx X. Xxxxxxxxx Name: Xxxxxx X. Xxxxxxxxx Title: Vice President ATTEST: TRACE ENERGY SERVICES, INC., as a Borrower /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx, Treasurer and Secretary SPARTRONICS VIETNAM CO., LTD. Xxxxxx By: /s/ Xxxx Xxxxxx X. Xxxx Xxxx Xxxxxxxxx Name: Xxxxxx X. XxxxXxxxxxxxx Title: Vice President PNC BANK, General Director SPARTON TECHNOLOGY, INC. By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx, Treasurer and Secretary SPARTON OF CANADA, LIMITED By: /s/ Xxxx X. Xxxx Xxxx X. Xxxx, President Signature Page to Revolving Credit Agreement NATIONAL CITY BUSINESS CREDIT, INC.ASSOCIATION, as Lender and as Agent By: /s/ Xxx Xxxxxxxx Xxx Xxxxxxxx, X. XxXxxxxx Xxxxxxxx X. XxXxxxxx Vice President 000 Xxxx Xxx Xxxxxx Xxxx Xxxx, Xxxxxxxx 00000 Commitment Percentage: 100% Signature Page STATE OF ) ) ss. COUNTY OF ) On this day of , 2006, before me personally came , to Revolving Credit Agreement DETROIT 37890-3 1122606v9 8/12/2009me known, who, being by me duly sworn, did depose and say that s/he is the of , the corporation described in and which executed the foregoing instrument; and that s/he signed her/his name thereto by order of the board of directors of said corporation. Notary Public STATE OF ) ) ss. COUNTY OF ) On this day of , 2006, before me personally came , to me known, who, being by me duly sworn, did depose and say that s/he is the of , the corporation described in and which executed the foregoing instrument; and that s/he signed her/his name thereto by order of the board of directors of said corporation. Notary Public STATE OF ) ) ss. COUNTY OF ) On this day of , 2006, before me personally came , to me known, who, being by me duly sworn, did depose and say that s/he is the of , the corporation described in and which executed the foregoing instrument; and that s/he signed her/his name thereto by order of the board of directors of said corporation. Notary Public STATE OF ) ) ss. COUNTY OF ) On this day of , 2006, before me personally came , to me known, who, being by me duly sworn, did depose and say that s/he is the of , the corporation described in and which executed the foregoing instrument; and that s/he signed her/his name thereto by order of the board of directors of said corporation. Notary Public STATE OF ) ) ss. COUNTY OF ) On this day of , 2006, before me personally came , to me known, who, being by me duly sworn, did depose and say that s/he is the of , the corporation described in and which executed the foregoing instrument; and that s/he signed her/his name thereto by order of the board of directors of said corporation. Notary Public STATE OF ) ) ss. COUNTY OF ) On this day of , 2006, before me personally came , to me known, who, being by me duly sworn, did depose and say that s/he is the of PNC BANK, NATIONAL ASSOCIATION, and that s/he was authorized to sign her/his name thereto. Notary Public

Appears in 1 contract

Samples: Security Agreement (Geokinetics Inc)

Certifications From Banks and Participants; US PATRIOT Act. Each Lender or assignee or participant of a Lender that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA PATRIOT Act and the applicable regulations because it is both (ia) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (iib) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to the Agent the certification, or, if applicable, recertification, certifying that such Lender is not a “shell” and certifying to other matters as required by Section 313 of the USA PATRIOT Act and the applicable regulations: (1) within 10 ten (10) days after the Closing Date, and (2) as such other times as are required under the USA PATRIOT Act. Each of the parties has signed this Agreement as of the day and year first above written. SPARTON EMTEC, INC. (a Delaware corporation) By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Chief Executive Officer EMTEC, INC. (a New Jersey corporation) By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Chief Executive Officer EMTEC INFRASTRUCTURE SERVICES CORPORATION By: /s/ Xxxxxxx X. Xxxxxx Xxxxx Xxxxxxx X. Xxxxx, Senior Vice Name: Xxxxxx Xxxxx Title: President and EMTEC VIASUB LLC By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Chief Financial Executive Officer SPARTON ELECTRONICS FLORIDAEMTEC GLOBAL SERVICES LLC By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Chief Executive Officer KOAN-IT (US) CORP. By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Chairman EMTEC FEDERAL, INC. By: /s/ Xxxxxxx X. Xxxxxx Xxxxx Xxxxxxx X. Xxxxx, Treasurer and Secretary SPARTRONICSName: Xxxxxx Xxxxx Title: Chief Executive Officer eBUSINESS APPLICATION SOLUTION, INC. By: /s/ Xxxxxxx X. Xxxxxx Xxxxx Xxxxxxx X. Xxxxx, Treasurer and Secretary SPARTON MEDICAL SYSTEMSName: Xxxxxx Xxxxx Title: Chief Executive Officer LUCEO, INC. By: /s/ Xxxxxxx X. Xxxxxx Xxxxx Xxxxxxx X. Xxxxx, Treasurer and Secretary SPARTRONICS VIETNAM CO., LTD. ByName: /s/ Xxxx X. Xxxx Xxxx X. Xxxx, General Director SPARTON TECHNOLOGYXxxxxx Xxxxx Title: Chief Executive Officer AVEEVA, INC. By: /s/ Xxxxxxx X. Xxxxxx Xxxxx Xxxxxxx X. XxxxxName: Xxxxxx Xxxxx Title: Chief Executive Officer SECURE DATA, Treasurer and Secretary SPARTON OF CANADA, LIMITED INC. By: /s/ Xxxx X. Xxxx Xxxx X. Xxxx, President Signature Page to Revolving Credit Agreement NATIONAL CITY BUSINESS CREDITXxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Chief Executive Officer COVELIX, INC.. By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Chairman DINERO SOLUTIONS, LLC By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Chief Executive Officer GNUCO, LLC By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: President PNC BANK, NATIONAL ASSOCIATION, as Lender and as Agent By: /s/ Xxx Xxxxxxxx Xxx Xxxxxxxx, Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Senior Vice President 000 Xxxx Xxx Xxxxxx Xxxx Xxxx, Xxxxxxxx 00000 Commitment Percentage: 100% Signature Page to Revolving Credit Agreement DETROIT 37890-3 1122606v9 8/12/2009%

Appears in 1 contract

Samples: Security Agreement (Emtec Inc/Nj)

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