CESSATION OF ADVANCES. If Lender has made any commitment to make any Loan to Borrower, whether under this Agreement or under any other agreement, Lender shall have no obligation to make Loan Advances or to disburse Loan proceeds if: (a) Borrower or any Guarantor is in default under the terms of this Agreement or any of the Related Documents or any other agreement that Borrower or any Guarantor has with Lender; (b) Borrower or any Guarantor becomes insolvent, files a petition in bankruptcy or similar proceedings, or is adjudged a bankrupt; (c) there occurs a material adverse change in Borrower's financial condition, in the financial condition of any Guarantor, or in the value of any Collateral securing any Loan; (d) any Guarantor seeks, claims or otherwise attempts to limit, modify or revoke such Guarantor's guaranty of the Loan or any other loan with Lender; or (e) Lender in good faitx xxxxx xxxelf insecure, even though no Event of Default shall have occurred. ADDITIONAL TERMS, CONDITIONS, AND COVENANTS. An exhibit, titled "ADDITIONAL TERMS, CONDITIONS, AND COVENANTS," is attached to this Agreement and by this reference is made a part of this Agreement just as if all the provisions, terms and conditions of the Exhibit had been fully set forth in this Agreement.
Appears in 1 contract
CESSATION OF ADVANCES. If Lender has made any commitment to make any Loan to Borrower, whether under this Agreement or under any other agreement, Lender shall have no obligation to make Loan Advances or to disburse Loan proceeds if: (a) Borrower or any Guarantor is in default under the terms of this Agreement or any of the Related Documents or any other agreement that Borrower or any Guarantor has with Lender; (b) Borrower or any Guarantor becomes insolvent, files a petition in bankruptcy or similar proceedings, or is adjudged a bankrupt; (c) there occurs a material adverse change in Borrower's financial condition, in the financial condition of any Guarantor, or in the value of any Collateral securing any Loan; (d) any Guarantor seeks, claims or otherwise attempts to limit, modify or revoke such Guarantor's guaranty of the Loan or any other loan with Lender; or (e) Lender in good faitx xxxxx xxxelf xxxxx itself insecure, even though no Event of Default shall have occurred. ADDITIONAL TERMSEXHIBIT "A". By this reference, CONDITIONS, AND COVENANTS. An exhibit, titled the attached Exhibit "ADDITIONAL TERMS, CONDITIONS, AND COVENANTS,A" is attached to this Agreement and by this reference is made a part of this Agreement just as if all the provisions, terms and conditions of the Exhibit had been hereby fully set forth in this Agreementincorporated herein.
Appears in 1 contract
CESSATION OF ADVANCES. If Lender has made any commitment to make any Loan to Borrower, whether under this Agreement or under any other agreement, Lender shall have no obligation to make Loan Advances or to disburse Loan proceeds if: (aA) Borrower or any Guarantor is in default under the terms of this Agreement or any of the Related Documents or any other agreement that Borrower or any Guarantor has with Lender; (bB) Borrower or any Guarantor dies, becomes incompetent or becomes insolvent, files a petition in bankruptcy or similar proceedings, or is adjudged a bankrupt; (cC) there occurs a material adverse change in BUSINESS LOAN AGREEMENT (Continued) Page 10 -------------------------------------------------------------------------------- Borrower's financial condition, in the financial condition of any Guarantor, or in the value of any Collateral securing any Loan; or (dD) any Guarantor seeks, claims or otherwise attempts to limit, modify or revoke such Guarantor's guaranty of the Loan or any other loan with Lender; or (eE) Lender in good faitx xxxxx xxxelf faith deems itself insecure, even though xxxx xxxxxx no Event of Default shall have occurred. ADDITIONAL TERMS, CONDITIONS, AND COVENANTS. An exhibit, titled "ADDITIONAL TERMS, CONDITIONS, AND COVENANTS," is attached to this Agreement and by this reference is made a part of this Agreement just as if all the provisions, terms and conditions of the Exhibit had been fully set forth in this Agreement.
Appears in 1 contract
Samples: Loan Agreement (Topaz Group Inc)
CESSATION OF ADVANCES. If Lender has made any commitment to make any Loan to Borrower, whether under this Agreement or under any other agreement, Lender shall have no obligation to make Loan Advances or to disburse Loan proceeds if: (a) Borrower or any Guarantor is in default under the terms of this Agreement or any of the Related Documents or any other agreement that Borrower or any Guarantor has with Lender; (b) Borrower or any Guarantor becomes insolvent, files a petition in bankruptcy or similar proceedings, or is adjudged a bankrupt; (c) there occurs a material adverse change in Borrower's financial condition, in the financial condition of any Guarantor, or in the value of any Collateral securing any Loan; or (d) any Guarantor seeks, claims or otherwise attempts to limit, modify or revoke such Guarantor's guaranty of the Loan or any other loan with Lender; or . OTHER RATIO. MAINTAIN A RATIO OF NET INCOME PLUS INTEREST EXPENSE PLUS DEPRECIATION AND AMORTIZATION DIVIDED BY CURRENT MATURITIES OF LONG TERM DEBT PLUS INTEREST EXPENSE OF NOT LESS THAN 1.4 TO 1.0. SAID RATIO WILL BE CALCULATED ON A ROLLING (e4) Lender in good faitx xxxxx xxxelf insecure, even though no Event of Default shall have occurredQUARTER BASIS. ADDITIONAL TERMS, CONDITIONS, AND COVENANTSEXHIBIT "A". An exhibit, titled "ADDITIONAL TERMS, CONDITIONS, AND COVENANTSEXHIBIT "A"," is attached to this Agreement and by this reference is made a part of this Agreement just as if all the provisions, terms and conditions of the Exhibit had been fully set forth in this Agreement.
Appears in 1 contract
CESSATION OF ADVANCES. If Lender has made any commitment to make any Loan to Borrower, whether under this Agreement or under any other agreement, Lender shall have no obligation to make Loan Advances or to disburse Loan proceeds if: (a) Borrower or any Guarantor is in default under the terms of this Agreement or any of the Related Documents or any other agreement that Borrower or any Guarantor has with Lender; (b) Borrower or any Guarantor becomes insolvent, files a petition in bankruptcy or similar proceedings, or is adjudged a bankrupt; (c) there occurs a material adverse change in Borrower's financial condition, in the financial condition of any Guarantor, or in the value of any Collateral securing any Loan; (d) any Guarantor seeks, claims or otherwise attempts to limit, modify or revoke such Guarantor's guaranty of the Loan or any other loan with Lender; or (e) Lender in good faitx xxxxx xxxelf xxxxx itself insecure, even though no Event Events of Default shall have occurred. ADDITIONAL TERMSSTATUTE OF FRAUDS DISCLOSURE. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, CONDITIONSEXTEND CREDIT, AND COVENANTS. An exhibit, titled "ADDITIONAL TERMS, CONDITIONS, AND COVENANTS," is attached to this Agreement and by this reference is made a part of this Agreement just as if all the provisions, terms and conditions of the Exhibit had been fully set forth in this AgreementOR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW.
Appears in 1 contract
Samples: Business Loan Agreement (Applied Voice Technology Inc /Wa/)
CESSATION OF ADVANCES. If Lender has made any commitment to make any Loan to Borrower, whether under this Agreement or under any other 5 06-22-2001 BUSINESS LOAN AGREEMENT PAGE 5 LOAN NO 2789-34 (CONTINUED) ================================================================================ agreement, Lender shall have no obligation to make Loan Advances or to disburse Loan proceeds if: (a) Borrower or any Guarantor is in default under the terms of this Agreement or any of the Related Documents or any other agreement that Borrower or any Guarantor has with Lender; , (b) Borrower or any Guarantor becomes insolvent, files a petition in bankruptcy or similar proceedings, or is adjudged a bankrupt; (c) there occurs a material adverse change in Borrower's financial condition, in the financial condition of any Guarantor, or in the value of any Collateral securing any Loan; (d) any Guarantor seeks, claims or otherwise attempts to limit, modify or revoke such Guarantor's guaranty of the Loan or any other loan with Lender; or (e) Lender in good faitx faixx xxxxx xxxelf xxself insecure, even though no Event of Default shall have occurred. ADDITIONAL TERMS, CONDITIONS, AND COVENANTSACCESS LAWS. An exhibit, titled "ADDITIONAL TERMS, CONDITIONS, AND COVENANTS," is attached to this Agreement and by this reference is made a part Without limiting the generality of any provision of this Agreement just as if agreement requiring Borrower to comply with applicable laws, rules, and regulations, Borrower agrees that it will at all the provisionstimes comply with applicable laws relating to disabled access including, terms and conditions but not limited to, all applicable titles of the Exhibit had been fully set forth in this AgreementAmericans with Disabilities Act of 1990.
Appears in 1 contract
Samples: License Agreement (California Beach Restaurants Inc)
CESSATION OF ADVANCES. If Lender has made any commitment to make any Loan to Borrower, whether under this Agreement or under any other agreement, Lender shall have no obligation to make Loan Advances or to disburse Loan proceeds if: (a) Borrower or any Guarantor is in default under the terms of this Agreement or any of the Related Documents or any other agreement that Borrower or any Guarantor has with Lender; (b) Borrower or any Guarantor becomes insolvent, files a petition in bankruptcy or similar proceedings, or is adjudged a bankrupt; (c) there occurs a material adverse change in Borrower's financial condition, in the financial condition of any Guarantor, or in the value of any Collateral securing any Loan; or (d) any Guarantor seeks, claims or otherwise attempts to limit, modify or revoke such Guarantor's guaranty of the Loan or any other loan with Lender; or (e) Lender in good faitx xxxxx xxxelf insecure, even though no Event of Default shall have occurred. ADDITIONAL TERMS, CONDITIONS, AND COVENANTSEXHIBIT "A". An exhibit, titled "ADDITIONAL TERMS, CONDITIONS, AND COVENANTSEXHIBIT A," is attached to this Agreement and by this reference is made a part of this Agreement just as if all the provisions, terms and conditions of the Exhibit had been fully set Set forth in this Agreement.
Appears in 1 contract
CESSATION OF ADVANCES. If Lender has made any commitment to make any Loan to 1o Borrower, whether under this Agreement or under any other agreement, Lender shall have no obligation to make Loan Advances or to disburse Loan proceeds if: (a) Borrower or any Guarantor is in default under the terms of this Agreement or any of the Related Documents or any other agreement that Borrower or any Guarantor has with Lender; (b) Borrower or any Guarantor becomes insolvent, files a petition in bankruptcy or similar proceedings, or is adjudged a bankrupt; (c) there occurs a material adverse change in Borrower's financial condition, in the financial condition of any Guarantor, or in the value of any Collateral securing any Loan; (d) any Guarantor seeks, claims or otherwise attempts to limit, modify or revoke such Guarantor's guaranty of the Loan or any other loan with Lender; or (e) Lender in good faitx xxxxx xxxelf xxxxx itself insecure, even though no Event of Default shall have occurred. ADDITIONAL TERMS, CONDITIONS, AND COVENANTS. An exhibit, titled "ADDITIONAL TERMS, CONDITIONS, AND COVENANTS," is attached to this Agreement and by this reference is made a part ACCESS LAWS; Without limiting the generality of any provision of this Agreement just as if agreement requiring Borrower to comply with applicable laws, rules, and regulations, Borrower agrees that it will at all the provisionstimes comply with applicable laws relating to disabled access including, terms and conditions but not limited to, all applicable titles of the Exhibit had been fully set forth in this AgreementAmericans with Disabilities Act of 1990.
Appears in 1 contract
Samples: Business Loan Agreement (Personal Computer Products Inc)
CESSATION OF ADVANCES. If Lender has made any commitment to make any Loan to Borrower, whether under this Agreement or under any other agreement, Lender shall have no obligation to make Loan Advances or to disburse Loan proceeds if: (a) Borrower or any Guarantor is in default under the terms of this Agreement or any of the Related Documents or any other agreement that Borrower or any Guarantor has with Lender; (b) Borrower or any Guarantor becomes insolvent, files a petition in bankruptcy or similar proceedings, or is adjudged a bankrupt; (c) there occurs a material adverse change in Borrower's Borrowers financial condition, in the financial condition of any Guarantor, or in the value of any Collateral securing any Loan; (d) any Guarantor seeks, claims or otherwise attempts to limit, modify or revoke such Guarantor's guaranty of the Loan or any other loan with Lender; or (e) Lender in good faitx xxxxx xxxelf xxxxx itself insecure, even though no Event of Default shall have occurred. ADDITIONAL TERMS, CONDITIONS, AND COVENANTSACCESS LAWS. An exhibit, titled "ADDITIONAL TERMS, CONDITIONS, AND COVENANTS," is attached to this Agreement and by this reference is made a part Without limiting the generality of any provision of this Agreement just as if agreement requiring Borrower to comply with applicable laws, rules, and regulations, Borrower agrees that it will at all times comply with the provisionsapplicable laws relating to disabled access including, terms and conditions but not limited to, all applicable titles of the Exhibit had been fully set forth in this AgreementAmericans with Disabilities Act of 1990.
Appears in 1 contract
Samples: Loan Agreement (PDS Financial Corp)
CESSATION OF ADVANCES. If Lender has made any commitment to make any Loan to Borrower, whether under this Agreement or under any other agreement, Lender shall have no obligation to make Loan Advances or to disburse Loan proceeds if: (a) Borrower or any Guarantor is in default under the terms of this Agreement or any of the Related Documents or any other agreement that Borrower or any Guarantor has with Lender; (b) Borrower or any Guarantor becomes insolvent, files a petition in bankruptcy or similar proceedings, or is adjudged a bankrupt; (c) there occurs a material adverse change in Borrower's financial condition, in the financial condition of any Guarantor, or in the value of any Collateral securing any Loan; or (d) any Guarantor seeks, claims or otherwise attempts to limit, modify or revoke such Guarantor's guaranty of the Loan or any other loan with Lender; or . AJC X ADDITIONAL PROVISION. ------ TWENTY-FIVE PERCENT (e25%) Lender in good faitx xxxxx xxxelf insecure, even though no Event of Default shall have occurred. ADDITIONAL TERMS, CONDITIONS, AND COVENANTS. An exhibit, titled "ADDITIONAL TERMS, CONDITIONS, AND COVENANTS," is attached to this Agreement and by this reference is made a part of this Agreement just as if all the provisions, terms and conditions of the Exhibit had been fully set forth in this AgreementOF THE LOAN FEE IS TO BE APPLIED TOWARDS THE CONSTRUCTION LOAN IF PROVIDED BY PIONEER CITIZENS BANK OF NEVADA.
Appears in 1 contract
CESSATION OF ADVANCES. If Lender has made any commitment to make any Loan to Borrower, Borrower whether under this Agreement or under any other agreement, Lender shall have no obligation to make Loan Advances or to disburse Loan proceeds if: (a) Borrower or any Guarantor is in default under the terms of this Agreement or any of the other Related Documents or any other agreement that Borrower or any Guarantor has with Lender; , (b) Borrower or any Guarantor becomes insolvent, files a petition in bankruptcy or similar proceedings, or is adjudged a bankrupt; , (c) there occurs a material adverse change in Borrower's financial condition, in the financial condition of any Guarantor, or in the total value of any the Collateral securing any Loan; , (d) Borrower or any Grantor seeks, claims or otherwise attempts to limit, modify or revoke any Security Interest granted to Lender, or (e) any Guarantor seeks, claims or otherwise attempts to limit, modify or revoke such Guarantor's guaranty of the Loan or any other loan with Lender; or . 10 09-11-1996 LOAN AGREEMENT PAGE 10 LOAN NO. (eCONTINUED) Lender in good faitx xxxxx xxxelf insecure, even though no Event of Default shall have occurred. ADDITIONAL TERMS, CONDITIONS, AND COVENANTS. An exhibit, titled "ADDITIONAL TERMS, CONDITIONS, AND COVENANTS," is attached to this Agreement and by this reference is made a part of this Agreement just as if all the provisions, terms and conditions of the Exhibit had been fully set forth in this Agreement.================================================================================
Appears in 1 contract
CESSATION OF ADVANCES. If Lender has made any commitment to make any Loan to Borrower, whether under this Agreement or under any other agreement, Lender shall have no obligation to make Loan Advances or to disburse Loan proceeds if: (a) Borrower or any Guarantor is in default under the terms of this Agreement or any of the Related Documents or any other agreement that Borrower or any Guarantor has with Lender; (b) Borrower or any Guarantor becomes insolvent, files a petition in bankruptcy or similar proceedings, or is adjudged a bankrupt; (c) there occurs a material adverse change in Borrower's financial condition, in the financial condition of any Guarantor, or in the value of any Collateral securing any Loan; (d) any Guarantor seeks, claims or otherwise attempts to limit, modify or revoke such Guarantor's guaranty of the Loan or any other loan with Lender; or (e) Lender in good faitx xxxxx xxxelf insecure, even though no Event of Default shall have occurred. ADDITIONAL TERMS, CONDITIONS, AND COVENANTSEXHIBIT "A". An exhibit, titled "ADDITIONAL TERMSEXHIBIT A", CONDITIONS, AND COVENANTS," is attached to this Agreement and by this reference is made a part of this Agreement just as if all the provisions, terms and conditions of the Exhibit had been fully set forth in this Agreement.
Appears in 1 contract
CESSATION OF ADVANCES. If Lender has made any commitment to make any Loan to Borrower, whether under this Agreement or under any other agreement, Lender shall have no obligation to make Loan Advances or to disburse Loan proceeds if: (a) Borrower or any Guarantor is in default under the terms of this Agreement or any of the Related Documents or any other agreement that Borrower or any Guarantor has with Lender; (b) Borrower or any Guarantor becomes insolvent, files a petition in bankruptcy or similar proceedings, or is adjudged a bankrupt; (c) there occurs a material adverse change in Borrower's financial condition, in the financial condition of any Guarantor, or in the value of any Collateral securing security any Loan; (d) any Guarantor seeks, claims or otherwise attempts to limit, modify or revoke such Guarantor's guaranty of the Loan or any other loan with Lender; or (e) Lender in good faitx xxxxx xxxelf faith deems itself insecure, even though no Event of Default Evxxx xx Xxxxult shall have occurred. ADDITIONAL TERMS, CONDITIONS, AND COVENANTSACCESS LAWS. An exhibit, titled "ADDITIONAL TERMS, CONDITIONS, AND COVENANTS," is attached to this Agreement and by this reference is made a part Without limiting the generality of any provision of this Agreement just as if agreement requiring Borrower to comply with applicable laws, rules and regulations, Borrower agrees that it will at all the provisionstimes comply with applicable laws relating to disabled access including, terms and conditions but not limited to, all applicable titles of the Exhibit had been fully set forth in this AgreementAmericans with Disabilities Act of 1990.
Appears in 1 contract
Samples: Business Loan Agreement (Evans & Sutherland Computer Corp)
CESSATION OF ADVANCES. If Lender has made any commitment to make any Loan to Borrower, whether under this Agreement or under any other agreement, Lender shall have no obligation to make Loan Advances or to disburse Loan proceeds if: (a) Borrower or any Guarantor is in default under the terms of this Agreement or any of the Related Documents or any other agreement that Borrower or any Guarantor has with Lender; (b) Borrower or any Guarantor becomes insolvent, files a petition in bankruptcy or similar proceedings, or is adjudged a bankrupt; (c) there occurs a material adverse change in Borrower's financial condition, in the financial condition of any Guarantor, or in the value of any Collateral securing any Loan; or (d) any Guarantor seeks, claims or otherwise attempts to limit, modify or revoke such Guarantor's guaranty of the Loan or any other loan with Lender; or (e) Lender in good faitx xxxxx xxxelf insecure, even though no Event of Default shall have occurred. ADDITIONAL TERMS, CONDITIONS, AND EXHIBIT "A" - COVENANTS. An exhibit, titled "ADDITIONAL TERMS, CONDITIONS, AND COVENANTSEXHIBIT "A" - Covenants," is attached to this Agreement and by this reference is made a part of this Agreement just as if all the provisions, terms and conditions of the Exhibit had been fully set forth in this Agreement.
Appears in 1 contract
CESSATION OF ADVANCES. If Lender has made any commitment to make any Loan to Borrower, whether under this Agreement or under any other agreement, Lender shall have no obligation to make Loan Advances or to disburse Loan proceeds if: (a) Borrower or any Guarantor is in default under the terms of this Agreement or any of the Related Documents or any other agreement that Borrower or any Guarantor has with Lender; (b) Borrower or any Guarantor becomes insolvent, files a petition in bankruptcy or similar proceedings, or is adjudged a bankrupt; (c) there occurs a material adverse change in Borrower's financial condition, in the financial condition of any Guarantor, or in the value of any Collateral securing any Loan; (d) any Guarantor seeks, claims or otherwise attempts to limit, modify or revoke such Guarantor's guaranty of the Loan or any other loan with Lender; or (e) Lender in good faitx xxxxx xxxelf faith deems itself insecure, even though no Event of Default shall have occurredhxxx xxxxxxxd. ADDITIONAL TERMS, CONDITIONS, AND COVENANTSACCESS LAWS. An exhibit, titled "ADDITIONAL TERMS, CONDITIONS, AND COVENANTS," is attached to this Agreement and by this reference is made a part Without limiting the generality of any provision of this Agreement just as if requiring Borrower to comply with applicable laws, rules, and regulations, Borrower agrees that it will, at all the provisionstimes, terms and conditions comply with applicable laws relating to disabled access including, but not limited to, all applicable titles of the Exhibit had been fully set forth in this AgreementAmericans with Disabilities Act of 1990.
Appears in 1 contract
CESSATION OF ADVANCES. If Lender has made any commitment to make any Loan to Borrower, whether under this Agreement or under any other agreement, Lender shall have no obligation to make Loan Advances or to disburse Loan proceeds if: (a) Borrower or any Guarantor is in default under the terms of this Agreement or any of the Related Documents or any other agreement that Borrower or any Guarantor has with Lender; (b) Borrower or any Guarantor becomes insolvent, files a petition in bankruptcy or similar proceedings, or is adjudged a bankrupt; (c) there occurs a material adverse change in Borrower's financial condition, in the financial condition of any Guarantor, or in the value of any Collateral securing any Loan; (d) any Guarantor seeks, claims or otherwise attempts to limit, modify or revoke such Guarantor's guaranty of the Loan or any other loan with Lender; or (e) Lender in good faitx faxxx xxxxx xxxelf xtself insecure, even though no Event of Default shall have occurred. ADDITIONAL TERMS, CONDITIONS, AND COVENANTSACCESS LAWS. An exhibit, titled "ADDITIONAL TERMS, CONDITIONS, AND COVENANTS," is attached to this Agreement and by this reference is made a part Without limiting the generality of any provision of this Agreement just as if agreement requiring Borrower to comply with applicable laws, rules, and regulations, Borrower agrees that it will at all the provisionstimes comply with applicable laws relating to disabled access including, terms and conditions but not limited to, all applicable titles of the Exhibit had been fully set forth in this AgreementAmericans with Disabilities Act of 1990.
Appears in 1 contract
Samples: Loan Agreement (Phillips R H Inc)
CESSATION OF ADVANCES. If Lender has made any commitment to make any Loan to Borrower, whether under this Agreement or under any other agreement, Lender shall have no obligation to make Loan Advances or to disburse Loan proceeds if: (a) Borrower or any Guarantor is in default under the terms of this Agreement or any of the Related Documents or any other agreement that Borrower or any Guarantor has with Lender; (b) Borrower or any Guarantor becomes insolvent, files a petition in bankruptcy or similar proceedings, or is adjudged a bankrupt; (c) there occurs a material adverse change in Borrower's financial condition, in the financial condition of any Guarantor, or in the value of any Collateral securing any Loan; (d) any Guarantor seeks, claims or otherwise attempts to limit, modify or revoke such Guarantor's guaranty of the Loan or any other loan with Lender; or (e) Lender in good faitx xxxxx xxxelf insecure, even though no Event of Default shall have occurred. ADDITIONAL TERMS, CONDITIONS, AND COVENANTSACCESS LAWS. An exhibit, titled "ADDITIONAL TERMS, CONDITIONS, AND COVENANTS," is attached to this Agreement and by this reference is made a part Without limiting the generality of any provision of this Agreement just as if agreement requiring Borrower to comply with applicable laws, rules, and regulations, Borrower agrees that it will at all the provisionstimes comply with applicable laws relating to disabled access including, terms and conditions but not limited to, all applicable titles of the Exhibit had been fully set forth in this AgreementAmericans with Disabilities Act of 1990.
Appears in 1 contract
Samples: Business Loan Agreement (California Beach Restaurants Inc)
CESSATION OF ADVANCES. If Lender has made any commitment to make any Loan to Borrower, whether under this Agreement or under any other agreement, Lender shall have no obligation to make Loan Advances or to disburse Loan proceeds if: (aA) Borrower or any Guarantor is in BUSINESS LOAN AGREEMENT (ASSET BASED) (Continued) Page 5 default under the terms of this Agreement or any of the Related Documents or any other agreement that Borrower or any Guarantor has with Lender; (bB) Borrower or any Guarantor dies, becomes incompetent or becomes insolvent, files a petition in bankruptcy or similar proceedings, or is adjudged a bankrupt; (cC) there occurs a material adverse change in Borrower's ’s financial condition, in the financial condition of any Guarantor, or in the value of any Collateral securing any Loan; or (d0) any Guarantor seeks, claims or otherwise attempts to limit, modify or revoke such Guarantor's ’s guaranty of the Loan or any other loan with Lender; or (eE) Lender in good faitx xxxxx xxxelf xxxxx itself insecure, even though no Event of Default shall have occurred. ADDITIONAL TERMS, CONDITIONS, AND COVENANTS. An exhibit, titled "ADDITIONAL TERMS, CONDITIONS, AND COVENANTS," is attached to this Agreement and by this reference is made a part of this Agreement just as if all the provisions, terms and conditions of the Exhibit had been fully set forth in this Agreement.
Appears in 1 contract
Samples: Business Loan Agreement (Computer Software Innovations Inc)
CESSATION OF ADVANCES. If Lender has made any commitment to make any Loan to Borrower, whether under this Agreement or under any other agreement, Lender shall have no obligation to make Loan Advances or to disburse Loan proceeds if: (a) Borrower or any Guarantor is in default under the terms of this Agreement or any of the Related Documents or any other agreement that Borrower or any Guarantor has with Lender; (b) Borrower or any Guarantor becomes insolvent, files a petition in bankruptcy or similar proceedings, or is adjudged a bankrupt; , (c) there occurs a material adverse change in Borrower's financial condition, in the financial condition of any Guarantor, or in the value of any Collateral securing any Loan; or (d) any Guarantor seeks, claims or otherwise attempts to limit, modify or revoke such Guarantor's guaranty of the Loan or any other loan with Lender; or (e) Lender in good faitx xxxxx xxxelf insecure, even though no Event of Default shall have occurred. ADDITIONAL TERMS, CONDITIONS, AND COVENANTSEXHIBIT "A". An exhibit, titled "ADDITIONAL TERMS, CONDITIONS, AND COVENANTSEXHIBIT "A"," is attached to this Agreement and by this reference is made a part of this Agreement just as if all the provisions, terms and conditions of the Exhibit had been fully set forth in this Agreement.
Appears in 1 contract
Samples: Loan Agreement (Concepts Direct Inc)
CESSATION OF ADVANCES. If It Lender has made any commitment to make any Loan to Borrower, whether under this Agreement or under any other agreement, Lender shall have no obligation to make Loan Advances or to disburse Loan proceeds ifit: (a) Borrower or any Guarantor is in default under the terms of this Agreement or any of the Related Documents or any other agreement that Borrower or any Guarantor has with Lender; (b) Borrower or any Guarantor becomes insolvent, files a petition in bankruptcy or similar proceedings, or is adjudged a bankrupt; (c) there occurs a material adverse change in Borrower's financial condition, in the financial condition of any Guarantor, or in the value of any Collateral securing any Loan; or (d) any Guarantor seeks, claims or otherwise attempts to limit, modify or revoke such Guarantor's guaranty of the Loan or any other loan with Lender; or (e) Lender in good faitx xxxxx xxxelf insecure, even though no Event of Default shall have occurred. ADDITIONAL TERMS, CONDITIONS, AND EXHIBIT A - COVENANTS. An exhibit, titled "ADDITIONAL TERMS, CONDITIONS, AND EXHIBIT A - COVENANTS," is attached to this Agreement and by this reference is made a part of this Agreement just as if it all the provisions, terms and conditions of the Exhibit had been fully set forth in this Agreement.
Appears in 1 contract
CESSATION OF ADVANCES. If Lender has made any commitment to make any Loan to Borrower, whether under this Agreement or under any other agreement, Lender shall have no obligation to make Loan Advances or to disburse Loan proceeds if: (a) Borrower or any Guarantor is in default under the terms of this Agreement or any of the Related Documents or any other agreement that Borrower or any Guarantor has with Lender; (b) Borrower or any Guarantor becomes insolvent, files a petition in bankruptcy or similar proceedings, or is adjudged a bankrupt; (c) there occurs a material adverse change in Borrower's financial condition, in the financial condition of any Guarantor, or in the value of any Collateral securing any Loan; (d) any Guarantor seeks, claims or otherwise attempts to limit, modify or revoke such Guarantor's guaranty of the Loan or any other loan with Lender; or (e) Lender in good faitx xxxxx xxxelf insecure, even though no Event of Default shall have occurred. ADDITIONAL TERMS, CONDITIONS, AND COVENANTSACCESS LAWS. An exhibit, titled "ADDITIONAL TERMS, CONDITIONS, AND COVENANTS," is attached to this Agreement and by this reference is made a part Without limiting the generality of any provision of this Agreement just as if agreement requiring Borrower to comply with applicable laws, rules and regulations, Borrower agrees that it will at all the provisionstimes comply with applicable laws relating to disabled access including, terms and conditions but not limited to, all applicable titles of the Exhibit had been fully set forth in this AgreementAmericans with Disabilities Act of 1990.
Appears in 1 contract
CESSATION OF ADVANCES. If Lender has made any commitment to make any Loan to Borrower, whether under this Agreement or under any other agreement, Lender shall have no obligation to make Loan Advances or to disburse Loan proceeds if: (a) Borrower or any Guarantor is in default under the terms of this Agreement or any of the Related Documents or any other agreement that Borrower or any Guarantor has with Lender; (b) Borrower or any Guarantor becomes insolvent, files a petition in bankruptcy or similar proceedings, or is adjudged a bankrupt; (c) there occurs a material adverse change in Borrower's financial condition, in the financial condition of any Guarantor, or in the value of any Collateral securing any Loan; or (d) any Guarantor seeks, claims or otherwise attempts to limit, modify or revoke such Guarantor's guaranty of the Loan or any other loan with Lender; or (e) Lender in good faitx xxxxx xxxelf insecure, even though no Event of Default shall have occurred. ADDITIONAL TERMS, CONDITIONS, AND EXHIBIT "A" - COVENANTS. An exhibit, titled "ADDITIONAL TERMS, CONDITIONS, AND COVENANTSExhibit "A" - Covenants," is attached to this Agreement and by this reference is made a part of this Agreement just as if all the provisions, terms and conditions of the Exhibit had been fully set forth in this Agreement.
Appears in 1 contract