CoBank Patronage Capital. So long as CoBank is a Lender hereunder, Borrower will acquire non-voting participation certificates in CoBank in such amounts and at such times as CoBank may require in accordance with CoBank’s Bylaws and Capital Plan (as each may be amended from time to time), except that the maximum amount of participation certificates that Borrower may be required to purchase in CoBank in connection with the Loans may not exceed the maximum amount permitted by the Bylaws at the time this Agreement is entered into. The rights and obligations of the parties with respect to such participation certificates and any distributions made on account thereof or on account of Borrower’s patronage with CoBank shall be governed by CoBank’s Bylaws. CoBank agrees that all Loans that are made by CoBank and that are retained for its own account and not sold in a participation shall be entitled to patronage distributions in accordance with the CoBank’s Bylaws; all Loans that are made by CoBank and are included in a sale of a participation shall not be entitled to patronage distributions. CoBank’s Pro Rata Share of the Loans and other Obligations due to CoBank shall be secured by a statutory first lien on all equity which Borrower may now own or hereafter acquire in CoBank. Such equity shall not, however, constitute security for the Obligations due to any other Lender. CoBank shall not be obligated to set off or otherwise apply such equities to Borrower’s obligations to CoBank.
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Samples: Credit Agreement (Atlantic Tele Network Inc /De), Credit Agreement (Atlantic Tele Network Inc /De)
CoBank Patronage Capital. So long as CoBank is a Lender hereunder, ------------------------ Borrower will acquire non-voting participation certificates in CoBank in such amounts and at such times as CoBank may require in accordance with CoBank’s 's Bylaws and Capital Plan (as each may be amended from time to time), except that the maximum amount of participation certificates that Borrower may be required to purchase in CoBank in connection with the Loans may not exceed the maximum amount permitted by the Bylaws at the time this Agreement is entered into. The rights and obligations of the parties with respect to such participation certificates and any distributions made on account thereof or on account of Borrower’s 's patronage with CoBank shall be governed by CoBank’s 's Bylaws. CoBank Borrower hereby consents and agrees that all Loans the amount of any distributions with respect to its patronage with CoBank that are made by CoBank in qualified written notices of allocation (as defined in 26 U.S.C. (S) 1388) and that are retained for its own received by Borrower from CoBank, will be taken into account and not sold in by Borrower at the stated dollar amounts whether the distribution is evidenced by a participation shall be entitled to patronage distributions certificate or other form of written notice that such distribution has been made and recorded in accordance with the name of Borrower on the records of CoBank’s Bylaws; all Loans that are made by CoBank and are included in a sale of a participation shall not be entitled to patronage distributions. CoBank’s 's Pro Rata Share of the Loans and other Obligations due to CoBank shall be secured by a statutory first lien on all equity which Borrower may now own or hereafter acquire in CoBank. Such equity shall not, however, constitute security for the Obligations due to any other Lender. CoBank shall not be obligated to set off or otherwise apply such equities to Borrower’s 's obligations to CoBank.
Appears in 2 contracts
Samples: Credit Agreement (Us Unwired Inc), Credit Agreement (Unwired Telecom Corp)
CoBank Patronage Capital. So long as CoBank is a Lender hereunder, Borrower will acquire non-voting participation certificates in CoBank in such amounts and at such times as CoBank may require in accordance with CoBank’s 's Bylaws and Capital Plan (as each may be amended from time to time), except that the maximum amount of participation certificates that Borrower may be required to purchase in CoBank in connection with the Loans may not exceed the maximum amount permitted by the Bylaws at the time this Agreement is entered into. The rights and obligations of the parties with respect to such participation certificates and any distributions made on account thereof or on account of Borrower’s 's patronage with CoBank shall be governed by CoBank’s 's Bylaws. CoBank Borrower hereby consents and agrees that all Loans the amount of any distributions with respect to its patronage with CoBank that are made by CoBank in qualified written notices of allocation (as defined in 26 U.S.C. ss. 1388) and that are retained for its own received by Borrower from CoBank, will be taken into account and not sold in by Borrower at the stated dollar amounts whether the distribution is evidenced by a participation shall be entitled to patronage distributions certificate or other form of written notice that such distribution has Credit Agreement/US Unwired Inc. been made and recorded in accordance with the name of Borrower on the records of CoBank’s Bylaws; all Loans that are made by CoBank and are included in a sale of a participation shall not be entitled to patronage distributions. CoBank’s 's Pro Rata Share of the Loans and other Obligations due to CoBank shall be secured by a statutory first lien on all equity which Borrower may now own or hereafter acquire in CoBank. Such equity shall not, however, constitute security for the Obligations due to any other Lender. CoBank shall not be obligated to set off or otherwise apply such equities to Borrower’s 's obligations to CoBank.
Appears in 1 contract
Samples: Credit Agreement (Us Unwired Inc)
CoBank Patronage Capital. So long as CoBank is a Lender hereunder, Borrower will acquire non-voting participation certificates in CoBank in such amounts and at such times as CoBank may require in accordance with CoBank’s 's Bylaws and Capital Plan (as each may be amended from time to time), except that the maximum amount of participation certificates that Borrower may be required to purchase in CoBank in connection with the Loans may not exceed the maximum amount permitted by the Bylaws at the time this Agreement is entered into. The rights and obligations of the parties with respect to such participation certificates and any distributions made on account thereof or on account of Borrower’s 's patronage with CoBank shall be governed by CoBank’s 's Bylaws. Borrower hereby consents and agree that the amount of any distributions with respect to its patronage with CoBank agrees that all Loans that are made by CoBank in qualified written notices of allocation (as defined in 26 U.S.C. Section 1388) and that are retained for its own received by Borrower from CoBank, will be taken into account and not sold in by Borrower at the stated dollar amounts whether the distribution is evidenced by a participation shall be entitled to patronage distributions certificate or other form of written notice that such distribution has been made and recorded in accordance with the name of Borrower, on the records of CoBank’s Bylaws; all Loans that are made by CoBank and are included in a sale of a participation shall not be entitled to patronage distributions. CoBank’s 's Pro Rata Share of the Loans and other Obligations due to CoBank shall be secured by a statutory first lien on all equity which Borrower may now own or hereafter acquire in CoBank. Such equity shall not, however, constitute security for the Obligations due to any other Lender. CoBank shall not be obligated to set off or otherwise apply such equities to Borrower’s 's obligations to CoBank.
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CoBank Patronage Capital. So long as CoBank is a Lender hereunder, the Borrower will acquire or maintain ownership of non-voting participation certificates in CoBank in such amounts and at such times as CoBank may require in accordance with CoBank’s 's Bylaws and Capital Plan (as each may be amended from time to time), except that the maximum amount of non-voting participation certificates that the Borrower may be required to purchase acquire or maintain in CoBank in connection with the Loans may not exceed the lower of $1,000 and the maximum amount permitted by the Bylaws at the time this Agreement is entered into. The rights and obligations of the parties with respect to such non-voting participation certificates and any distributions made on account thereof or on account of the Borrower’s 's patronage with CoBank shall be governed by CoBank’s 's Bylaws. CoBank The Borrower hereby consents and agrees that all Loans the amount of any distributions with respect to its patronage with CoBank that are made by CoBank in qualified written notices of allocation (as defined in 26 U.S.C. Section 1388) and that are retained for its own received by the Borrower from CoBank, will be taken into account and not sold in by the Borrower at the stated dollar amounts whether the distribution is evidenced by a participation shall be entitled to patronage distributions certificate or other form of written notice that such distribution has been made and recorded in accordance with the name of the Borrower on the records of CoBank’s Bylaws; all Loans that are made by CoBank and are included in a sale of a participation shall not be entitled to patronage distributions. CoBank’s 's Pro Rata Share of the Loans and other Obligations due to CoBank shall be secured by a statutory first lien on all equity which the Borrower may now own or hereafter acquire in CoBank. Such equity shall not, however, constitute security for the Obligations due to any other Lender. CoBank shall not be obligated to set off or otherwise apply such equities to the Borrower’s 's obligations to CoBank.
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CoBank Patronage Capital. So long as CoBank is a Lender hereunder, the Borrower will acquire non-voting participation certificates in CoBank in such amounts and at such times as CoBank may require in accordance with CoBank’s 's Bylaws and Capital Plan (as each may be amended from time to time), except that the maximum amount of participation certificates that the Borrower may be required to purchase in CoBank in connection with the Loans may not exceed the maximum amount permitted by the Bylaws and the Capital Plan at the time this Agreement is entered into. The rights and obligations of the parties with respect to such participation certificates and any distributions made on account thereof or on account of the Borrower’s 's patronage with CoBank shall be governed by CoBank’s 's Bylaws. CoBank agrees that all Loans that are made by CoBank and that are retained for its own account and not sold in a participation (except to a participant that makes patronage distributions to CoBank) shall be entitled to patronage distributions in accordance with the CoBank’s 's Bylaws; all Loans that are made by CoBank and are included in a sale of a participation (except to a participant that makes patronage distributions to CoBank) shall not be entitled to patronage distributions. CoBank’s 's Pro Rata Share of the Loans and other Obligations due to CoBank shall be secured by a statutory first lien on all equity which the Borrower may now own or hereafter acquire in CoBank. Such equity shall not, however, constitute security for the Obligations due to any other Lender. CoBank shall not be obligated to set off or otherwise apply such equities to the Borrower’s 's obligations to CoBank. In the event of any liquidation, sale, transfer or other disposition of collateral that includes the Borrower's participation certificates in CoBank, whether by foreclosure or otherwise, the proceeds attributable to such participation certificates shall be equal to the face value of such participation certificates as reflected in the official records of CoBank.
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CoBank Patronage Capital. So long as CoBank is a Lender hereunder, Borrower CT, on behalf of Borrowers, will acquire non-voting participation certificates in CoBank in such amounts and at such times as CoBank may require in accordance with CoBank’s 's Bylaws and Capital Plan (as each may be amended from time to time), except that the maximum amount of participation certificates that Borrower CT, on behalf of Borrowers, may be required to purchase in CoBank in connection with the Loans 14 25 Credit Agreement/CT Communications may not exceed the maximum amount permitted by the Bylaws at the time this Agreement is entered into. The rights and obligations of the parties with respect to such participation certificates and any distributions made on account thereof or on account of Borrower’s Borrowers' patronage with CoBank shall be governed by CoBank’s 's Bylaws. Borrowers hereby consent and agree that the amount of any distributions with respect to its patronage with CoBank agrees that all Loans that are made by CoBank in qualified written notices of allocation (as defined in 26 U.S.C. ss. 1388) and that are retained for its own received by CT, on behalf of Borrowers, from CoBank, will be taken into account and not sold in by Borrowers at the stated dollar amounts whether the distribution is evidenced by a participation shall be entitled to patronage distributions certificate or other form of written notice that such distribution has been made and recorded in accordance with the name of CT, on behalf of Borrowers, on the records of CoBank’s Bylaws; all Loans that are made by CoBank and are included in a sale of a participation shall not be entitled to patronage distributions. CoBank’s 's Pro Rata Share of the Loans and other Obligations due to CoBank shall be secured by a statutory first lien on all equity which Borrower Borrowers may now own or hereafter acquire in CoBank. Such equity shall not, however, constitute security for the Obligations due to any other Lender. CoBank shall not be obligated to set off or otherwise apply such equities to Borrower’s Borrowers' obligations to CoBank.
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CoBank Patronage Capital. So long as CoBank is a Lender hereunder, Borrower will acquire non-voting participation certificates in CoBank in such amounts and at such times as CoBank may require in accordance with CoBank’s Bylaws and Capital Plan (as each may be amended from time to time), except that the maximum amount of participation certificates that Borrower may be required to purchase in CoBank in connection with the Loans may not exceed the maximum amount permitted by the Bylaws at the time this Agreement is entered into. The rights and obligations of the parties with respect to such participation certificates and any distributions made on account thereof or on account of BorrowerXxxxxxxx’s patronage with CoBank shall be governed by CoBank’s Bylaws. CoBank Borrower hereby consents and agrees that all Loans the amount of any distributions with respect to its patronage with CoBank that are made by CoBank in qualified written notices of allocation (as defined in 26 U.S.C. § 1388) and that are retained for its own received by Borrower from CoBank, will be taken into account and not sold in by Xxxxxxxx at the stated dollar amounts whether the distribution is evidenced by a participation shall be entitled to patronage distributions certificate or other form of written notice that such distribution has been made and recorded in accordance with the name of Borrower on the records of CoBank’s Bylaws; all Loans that are made by CoBank and are included in a sale of a participation shall not be entitled to patronage distributions. CoBank’s Pro Rata Share of the Loans and other Obligations due to CoBank shall be secured by a statutory first lien on all equity which Borrower may now own or hereafter acquire in CoBank. Such equity shall not, however, constitute security for the Obligations due to any other Lender. CoBank shall not be obligated to set off or otherwise apply such equities to Borrower’s obligations to CoBank.
Appears in 1 contract
Samples: Credit Agreement
CoBank Patronage Capital. So long as CoBank is a Lender hereunder, Borrower will acquire non-voting participation certificates in CoBank in such amounts and at such times as Second Amended and Restated Credit Agreement/D&E Communications, Inc. CoBank may require in accordance with CoBank’s Bylaws and Capital Plan (as each may be amended from time to time), except that the maximum amount of participation certificates that Borrower may be required to purchase in CoBank in connection with the Loans may not exceed the maximum amount permitted by the Bylaws at the time this Agreement is entered into. The rights and obligations of the parties with respect to such participation certificates and any distributions made on account thereof or on account of Borrower’s patronage with CoBank shall be governed by CoBank’s Bylaws. CoBank Borrower hereby consents and agrees that all Loans the amount of any distributions with respect to its patronage with CoBank that are made by CoBank in qualified written notices of allocation (as defined in 26 U.S.C. § 1388) and that are retained for its own received by Borrower from CoBank, will be taken into account and not sold in by Borrower at the stated dollar amounts whether the distribution is evidenced by a participation shall be entitled to patronage distributions certificate or other form of written notice that such distribution has been made and recorded in accordance with the name of Borrower, on the records of CoBank’s Bylaws; all Loans that are made by CoBank and are included in a sale of a participation shall not be entitled to patronage distributions. CoBank’s Pro Rata Share of the Loans and other Obligations due to CoBank shall be secured by a statutory first lien on all equity which Borrower may now own or hereafter acquire in CoBank. Such equity shall not, however, constitute security for the Obligations due to any other Lender. CoBank shall not be obligated to set off or otherwise apply such equities to Borrower’s obligations to CoBank.
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CoBank Patronage Capital. So long as CoBank is a Lender hereunder, Borrower will acquire non-voting participation certificates in CoBank in such amounts and at such times as CoBank may require in accordance with CoBank’s Bylaws and Capital Plan (as each may be amended from time to time), except that the maximum amount of participation certificates that Borrower may be required to purchase in CoBank in connection with the Loans may not exceed the maximum amount permitted by the Bylaws at the time this Agreement is entered into. The rights and obligations of the parties with respect to such participation certificates and any distributions made on account thereof or on account of Borrower’s patronage with CoBank shall be governed by CoBank’s Bylaws. CoBank Borrower hereby consents and agrees that all Loans the amount of any distributions with respect to its patronage with CoBank that are made by CoBank in qualified written notices of allocation (as defined in 26 U.S.C. § 1388) and that are retained for its own received by Borrower from CoBank, will be taken into account and not sold in by Borrower at the stated dollar amounts whether the distribution is evidenced by a participation shall be entitled to patronage distributions certificate or other form of written notice that such distribution has been made and recorded in accordance with the name of Borrower, on the records of CoBank’s Bylaws; all Loans that are made by CoBank and are included in a sale of a participation shall not be entitled to patronage distributions. CoBank’s Pro Rata Share of the Loans and other Obligations due to CoBank shall be secured by a statutory first lien on all equity which Borrower may now own or hereafter acquire in CoBank. Such equity shall not, however, constitute security for the Obligations due to any other Lender. CoBank shall not be obligated to set off or otherwise apply such equities to Borrower’s obligations to CoBank.
Appears in 1 contract
CoBank Patronage Capital. So long as CoBank is a Lender hereunder, Borrower will acquire non-voting participation certificates in CoBank in such amounts and at such times as CoBank may require in accordance with CoBank’s Bylaws and Capital Plan (as each may be amended from time to time), except that the maximum amount of participation certificates that Borrower may be required to purchase in CoBank in connection with the Loans may not exceed the maximum amount permitted by the Bylaws and the Capital Plan at the time this Agreement is entered into. The rights and obligations of the parties with respect to such participation certificates and any distributions made on account thereof or on account of Borrower’s patronage with CoBank shall be governed by CoBank’s Bylaws. CoBank agrees that all Loans that are made by CoBank and that are retained for its own account and not sold in a participation shall be entitled to patronage distributions in accordance with the CoBank’s Bylaws; all Loans that are made by CoBank and are included in a sale of a participation shall not be entitled to patronage distributions. CoBank’s Pro Rata Share of the Loans and other Secured Obligations due to CoBank shall be secured by a statutory first lien on all equity which Borrower may now own or hereafter acquire in CoBank. Such equity shall not, however, constitute security for the Secured Obligations due to any other LenderSecured Party. CoBank shall not be obligated to set off or otherwise apply such equities to Borrower’s obligations to CoBank. In the event of any liquidation, sale, transfer or other disposition of Collateral that includes Borrower’s participation certificates in CoBank, whether by foreclosure or otherwise, the proceeds attributable to such participation certificates shall be equal to the face value of such participation certificates as reflected in the official records of CoBank.
Appears in 1 contract
CoBank Patronage Capital. So long as CoBank is a Lender hereunder, Borrower will acquire non-voting participation certificates in CoBank in such amounts and at such times as CoBank may require in accordance with CoBank’s Bylaws and Capital Plan (as each may be amended from time to time), except that the maximum amount of participation certificates that Borrower may be required to purchase in CoBank in connection with the Loans may not exceed the maximum amount permitted by the Bylaws at the time this Agreement is entered into. The rights and obligations of the parties with respect to such participation certificates and any distributions made on account thereof or on account of Borrower’s patronage with CoBank shall be governed by CoBank’s Bylaws. CoBank Borrower hereby consents and agrees that all Loans the amount of any distributions with respect to its patronage with XxXxxx that are made by CoBank in qualified written notices of allocation (as defined in 26 U.S.C. § 1388) and that are retained for its own received by Borrower from CoBank, will be taken into account and not sold in by Xxxxxxxx at the stated dollar amounts whether the distribution is evidenced by a participation shall be entitled to patronage distributions certificate or other form of written notice that such distribution has been made and recorded in accordance with the name of Borrower on the records of CoBank’s Bylaws; all Loans that are made by CoBank and are included in a sale of a participation shall not be entitled to patronage distributions. CoBank’s Pro Rata Share of the Loans and other Obligations due to CoBank shall be secured by a statutory first lien on all equity which Borrower may now own or hereafter acquire in CoBank. Such equity shall not, however, constitute security for the Obligations due to any other Lender. CoBank shall not be obligated to set off or otherwise apply such equities to Borrower’s obligations to CoBank.
Appears in 1 contract
Samples: Credit Agreement
CoBank Patronage Capital. So long as CoBank is a Lender hereunder, the Borrower will acquire non-voting participation certificates in CoBank in such amounts and at such times as CoBank may require in accordance with CoBank’s Bylaws and Capital Plan (as each may be amended from time to time), except that the maximum amount of participation certificates that the Borrower may be required to purchase in CoBank in connection with the Loans may not exceed the maximum amount permitted by the Bylaws and the Capital Plan at the time this Agreement is entered into. The rights and obligations of the parties with respect to such participation certificates and any distributions made on account thereof or on account of the Borrower’s patronage with CoBank shall be governed by CoBank’s Bylaws. CoBank agrees that all Loans that are made by CoBank and that are retained for its own account and not sold in a participation (except to a participant that makes patronage distributions to CoBank) shall be entitled to patronage distributions in accordance with the CoBank’s Bylaws; all Loans that are made by CoBank and are included in a sale of a participation (except to a participant that makes patronage distributions to CoBank) shall not be entitled to patronage distributions. CoBank’s Pro Rata Share of the Loans and other Obligations due to CoBank shall be secured by a statutory first lien on all equity which the Borrower may now own or hereafter acquire in CoBank. Such equity shall not, however, constitute security for the Obligations due to any other Lender. CoBank shall not be obligated to set off or otherwise apply such equities to the Borrower’s obligations to CoBank. In the event of any liquidation, sale, transfer or other disposition of collateral that includes the Borrower’s participation certificates in CoBank, whether by foreclosure or otherwise, the proceeds attributable to such participation certificates shall be equal to the face value of such participation certificates as reflected in the official records of CoBank.
Appears in 1 contract
CoBank Patronage Capital. So long as CoBank is a Lender hereunder, Borrower will acquire non-voting participation certificates in CoBank in such amounts and at such times as CoBank may require in accordance with CoBank’s 's Bylaws and Capital Plan (as each may be amended from time to time), except that the maximum amount of participation certificates that Borrower may be required to purchase in CoBank in connection with the Loans may not exceed the maximum amount permitted by the Bylaws at the time this Agreement is entered into. The rights and obligations of the parties with respect to such participation certificates and any distributions made on account thereof or on account of Borrower’s 's patronage with CoBank shall be governed by CoBank’s 's Bylaws. CoBank Borrower hereby consents and agrees that all Loans the amount of any distributions with respect to its patronage with CoBank that are made by CoBank in qualified written notices of allocation (as defined in 26 U.S.C. Section 1388) and that are retained for its own received by Borrower from CoBank, will be taken into account and not sold in by Borrower at the stated dollar amounts whether the distribution is evidenced by a participation shall be entitled to patronage distributions certificate or other form of written notice that such distribution has been made and recorded in accordance with the name of Borrower on the records of CoBank’s Bylaws; all Loans that are made by CoBank and are included in a sale of a participation shall not be entitled to patronage distributions. CoBank’s 's Pro Rata Share of the Loans and other Obligations due to CoBank shall be secured by a statutory first lien on all equity which Borrower may now own or hereafter acquire in CoBank. Such equity shall not, however, constitute security for the Obligations due to any other Lender. CoBank shall not be obligated to set off or otherwise apply such equities to Borrower’s 's obligations to CoBank.. Credit Agreement/D & E Communications, Inc.
Appears in 1 contract
CoBank Patronage Capital. So long as CoBank is a Lender hereunder, Borrower will acquire non-voting participation certificates in CoBank in such amounts and at such times as CoBank may require in accordance with CoBank’s Bylaws and Capital Plan (as each may be amended from time to time), except that the maximum amount of participation certificates that Borrower may be required to purchase in CoBank in connection with the Loans may not exceed the maximum amount permitted by the Bylaws at the time this Agreement is entered into. The rights and obligations of the parties with respect to such participation certificates and any distributions made on account thereof or on account of Borrower’s patronage with CoBank shall be governed by CoBank’s Bylaws. CoBank Borrower hereby consents and agrees that all Loans the amount of any distributions with respect to its patronage with CoBank that are made by CoBank in qualified written notices of allocation (as defined in 26 U.S.C. § 1388) and that are retained for its own received by Borrower from CoBank, will be taken into account and not sold in by Borrower at the stated dollar amounts whether the distribution is evidenced by a participation shall be entitled to patronage distributions certificate or other form of written notice that such distribution has been made and recorded in accordance with the name of Borrower on the records of CoBank’s Bylaws; all Loans that are made by CoBank and are included in a sale of a participation shall not be entitled to patronage distributions. CoBank’s Pro Rata Share of the Loans and other Obligations due to CoBank shall be secured by a statutory first lien on all equity which Borrower may now own or hereafter acquire in CoBank. Such equity shall not, however, constitute security for the Obligations due to any other Lender. CoBank shall not be obligated to set off or otherwise apply such equities to Borrower’s obligations to CoBank.
Appears in 1 contract
Samples: Credit Agreement