Consent and Acknowledgement. This consent applies to the Service and any accounts which you register to use with the Service. You have agreed to accept the disclosures and other information electronically as described above, and accept the following: • Acknowledge receipt of the Disclosure & Agreement regarding the Service; • Confirm you are able to access and retain this information provided electronically; • Consent to receipt of the disclosures and other information electronically as described above; and • Agree to the Terms and Conditions for the Service. This Agreement and Disclosure ("Agreement") contains important information and guidelines for using the Service. These are the current terms of your Agreement with the credit union for accessing your accounts and making use of other services via Internet Banking. By using the Service, or authorizing others to use it, you agree to these terms. The credit union may amend these terms from time to time. You will be notified of any amendments that affect your rights or obligations. Each of your accounts at the credit union, which are accessed by the Service, continue to be governed by the applicable Membership and Account Agreement, State and Federal Regulations relating to Deposit Accounts, Electronic Fund Transfer Agreement and Disclosures, and the Rate and Fee Schedule Disclosure (all of which is included in this Member Information Packet).
Consent and Acknowledgement. Guarantor hereby acknowledges receiving copies of each Credit Document and consents to the terms and provisions thereof.
Consent and Acknowledgement. By selecting the “I Agree” button or link (or similarly described button or link), you (on behalf of yourself and any joint account-holders and co-applicants) acknowledge receipt of this Electronic Communications Disclosure and Consent; evidence your intent to be bound by all terms contained herein; and consent to the delivery of Electronic Communications via the internet to an e-mail address you designate to receive such Electronic Communications. You also consent to the delivery of documents from our Electronic Signature Partner, DocuSign, or such other similar electronic documents provider. You also agree that, unless otherwise authorized by law or other agreement we may have with you, you cannot give us notices electronically. Instead, all notices from you to us must be in writing. You also confirm that you are able to access and retain Electronic Communications from us. Your consent to Electronic Communications applies to any and all Electronic Communications that we provide to you in connection with your Online Services activities or requests, loan applications, and all products and services which you have, now or may have in the future, with EECU.
Consent and Acknowledgement. Pledgor hereby acknowledges receiving copies of the Credit Agreement and the other Credit Documents and consents to the terms and provisions of each.
Consent and Acknowledgement. (a) Subject to the terms and conditions of this Supplemental Indenture and pursuant to Section 9.02 of the Indenture, the Issuer and the Trustee acknowledge and agree that (i) the issuance of the Senior Convertible Preferred Equity, (ii) any future issuances of Equity Interests of the Issuer to the Sponsor or any portfolio company of the Sponsor that conform to the requirements of Section 4.07(b)(ii) of the Indenture and (iii) the execution, delivery and performance of any related subscription agreements with the Sponsor for such Equity Interests, if and solely to the extent that such actions are prohibited under the last sentence of Section 4.07 of the Indenture, such breach of such prohibition (and the resulting Default) is hereby deemed to be waived; provided, however, that (1) the foregoing shall not permit issuances of Equity Interests of the Issuer to any portfolio company of the Sponsor to the extent that such portfolio companies would beneficially own more than twenty percent (20%) in the aggregate of the outstanding Voting Stock of the Issuer (calculated on a fully diluted basis) and (2) nothing contained in this Supplemental Indenture shall be deemed to permit the Issuer to declare or pay any dividend or make any distribution on account of any such Equity Interests or to make any cash payment to the holders of any such Equity Interests, except, for the avoidance of doubt, as permitted by Section 4.04 of the Indenture.
(b) The parties hereby acknowledge and agree that, together with the funding of the Preferred Stock Commitment on October 3, 2017 in accordance with Section 4.20(a) of the Indenture, upon the funding of the Senior Convertible Preferred Equity on or about the date hereof resulting in net proceeds of at least $40,000,000 to the Issuer, the Issuer shall have satisfied the covenant to fund an additional subscription by any or all of the Issuer’s stockholders for Equity Interests of the Issuer (other than Disqualified Stock) resulting in net proceeds to the Issuer (taken together with the amount funded in respect of the Preferred Stock Commitment) of at least $80,000,000 in accordance with Section 4.20(b) of the Indenture. [***] = Certain confidential information contained in this document, marked by brackets, is filed with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended.
(c) The parties agree, to the extent the incurrence of the New Subordinated Indebtedness is, or when incurred was,...
Consent and Acknowledgement. The Company, and each of them, hereby consent to, and acknowledge full force and effectiveness of this Amendment No. 4
Consent and Acknowledgement. The undersigned hereby consents to this Assignment of Employment Agreement, and acknowledges that his obligations thereunder are to Assignee, and not Assignor.
Consent and Acknowledgement. 5.1 Each Borrower hereby confirms, ratifies and acknowledges its obligations and liabilities in respect of all of its obligations under the Finance Documents, all of which continue to accrue and be due and payable as set forth in the Finance Documents.
5.2 Except as expressly contemplated hereby or in the Facility Amendment Agreement, the Finance Documents shall remain unchanged and in full force and effect and each is hereby ratified and confirmed in all respects. The execution and delivery by the Finance Parties of, or acceptance of, this letter and any other documents and instruments in connection herewith (collectively, the “Waiver Documents”) shall not be deemed to create a course of dealing or otherwise create any express or implied duty by any of them to provide any other or further amendments, consents or waivers in the future. Nothing contained herein shall be deemed a waiver or consent in respect of (or otherwise affect any Finance Party’s ability to enforce its rights arising out of or as a result of) any Default or Event of Default not explicitly waived hereby.
5.3 Each Borrower hereby acknowledges and confirms to the Finance Parties that such Borrower is executing this letter and any other Waiver Documents on the basis of its own investigation and for its own reasons without reliance upon any agreement, representation, understanding or communication by or on behalf of any other person or entity.
Consent and Acknowledgement. To the extent necessary, if any, each of the undersigned hereby consents to the execution and delivery of the foregoing Sixth Amendment to Second Amended and Restated Lease and License Financing and Purchase Option Agreement (the “Amendment”) and to all of the transactions contemplated thereby and confirms and agrees with the provisions thereof, including without limitation all provisions applicable to any of the undersigned.
Consent and Acknowledgement. (a) The State acknowledges and agrees that BREP is entitled to the possession, use, enjoyment and occupancy of the Contract Rights as provided in, and subject to the terms and conditions of, the Contract Documents.
(b) The State acknowledges and consents to the BREP Financing Security and recognizes and consents to the security thereof. To the extent its consent is required under a Contract Document, the State shall not consent to an assignment by BREP of, or a grant by BREP of any mortgage, lien, pledge or security interest encumbering, any of the BREP Property to any Person other than Collateral Agent. The State acknowledges and agrees that Collateral Agent, in its capacity as collateral agent for the Note Purchasers, constitutes “Project SPE’s Financier” for the Phase I Project as defined and used in the CEA, and that Collateral Agent shall have the rights, privileges, benefits and protections granted to a Project SPE’s Financier under the Contract Documents. Except as otherwise set forth in this NDA, Collateral Agent shall have no liability or obligation under any Contract Document as a result of the collateral assignment thereof nor shall Collateral Agent be obligated or required to perform any of BREP’s obligations under any Contract Document or to take any action to collect or enforce any claim for payment assigned under the BREP Financing Documents, as a result of the collateral assignment thereof. The State further acknowledges the right of Collateral Agent, subject to the terms of this NDA, to exercise certain rights and remedies in respect of the BREP Financing Documents in its capacity as Collateral Agent thereunder during the period while an “Event of Default” (as defined under the BREP Financing Documents) shall have occurred and be continuing (a “Default Period”), and to make all demands, give all notices, take all actions and exercise all rights of BREP under the Contract Documents during a Default Period. From and after notice from Collateral Agent to the State that an Event of Default has occurred under the BREP Financing Documents and that Collateral Agent has elected to do so, the State will accept performance by Collateral Agent of the obligations of BREP under the Contract Documents during a Default Period. BREP consents to the foregoing and directs the State to accept such performance by Collateral Agent.
(c) Except as otherwise expressly provided herein, the State further agrees that during the occurrence and continuance of a BREP E...
