Definitions and Use of Terms. 1 Section 1.1 Terms Defined Above 1 Section 1.2 Certain Definitions 1 ARTICLE 2 — THE LOAN 3 Section 2.1 Commitment to Lend 3 Section 2.2 The Note 3 Section 2.3 Conditions to Closing and Funding 3 Section 2.4 Use of Proceeds 3 Section 2.5 Conditions Precedent for the Benefit of Lender 4 Section 2.6 Pledged Security for Obligations 4
Definitions and Use of Terms. The following definitions apply in this Article:
Definitions and Use of Terms. 1 Section 1.1. Definitions........................................................1 Section 1.2. Rules of Construction.............................................10
Definitions and Use of Terms. 1 Section 1.1.
Definitions and Use of Terms a. Definitions 1 7435458 v3 (78055.00044.000) . As used in this Agreement, all exhibits and schedules hereto and in any note, certificate, report or other Loan Documents made or delivered pursuant to this Agreement, the following terms will have the meanings given such terms in Article One.
Definitions and Use of Terms. 1 Section 1.1 Terms Defined Above 1 Section 1.2 Certain Definitions 1 ARTICLE 2 — THE LOAN 3 Section 2.1 Commitment to Lend 3 Section 2.2 The Note 3 Section 2.3 Conditions to Closing and Funding 3 Section 2.4 Use of Proceeds 3 Section 2.5 Conditions Precedent for the Benefit of Lender 3 ARTICLE 3 — REPRESENTATIONS AND WARRANTIES OF BORROWER 4 Section 3.1 Financial Statements 4 Section 3.2 Suits, Actions, Etc. 4 Section 3.3 Status of Borrower; Valid and Binding Obligation 4 Section 3.4 Disclosure 4 Section 3.5 Taxes 4 Section 3.6 Violations 4 Section 3.7 Not a Foreign Person 4 Section 3.8 Approvals 5 Section 3.9 Contracts 5 Section 3.10 Inducement to Lender 5 ARTICLE 4 — COVENANTS AND AGREEMENTS OF BORROWER 5 Section 4.1 Compliance with Governmental Requirements 5 Section 4.2 Insurance 5 Section 4.3 Notice to Lender 5 Section 4.4 Costs and Expenses 5 Section 4.5 Further Assurances 6 Section 4.6 Defense of Actions 6 Section 4.7 Current Financial Statements 6 Section 4.8 Loan Participation 7 Section 4.9 Indemnification 7 Section 4.10 Tier II Capital; Subordination 8 Section 4.11 Trust Preferred Obligations 8 ARTICLE 5 — DEFAULT AND REMEDIES 8 Section 5.1 Events of Default 8 Section 5.2 Certain Remedies 9 Section 5.3 Performance by Lender on Borrower’s Behalf 9 Section 5.4 Remedies Cumulative 10 ARTICLE 6 — GENERAL TERMS AND CONDITIONS 10 Section 6.1 Notices 10 Section 6.2 Modifications 10 Section 6.3 Severability 10 Section 6.4 Election of Remedies 10 Section 6.5 Form and Substance 10 Section 6.6 Controlling Agreement 10 Section 6.7 No Third Party Beneficiary 11 Section 6.8 Borrower in Control 11 Section 6.9 Number and Gender 11 Section 6.10 Captions 11 Section 6.11 Applicable Law 11 Section 6.12 Relationship of the Parties 11 Section 6.13 WAIVER OF JURY TRIAL 12 Section 6.14 Consent to Jurisdiction 12 Section 6.15 Negotiation 12 Section 6.16 Conflicting Terms 12 Section 6.17 Entire Agreement 12 Exhibits Exhibit “A” - Conditions to Closing and Funding AMENDED AND RESTATED SUBORDINATE CREDIT AGREEMENT This AMENDED AND RESTATED SUBORDINATE CREDIT AGREEMENT, dated December 19, 2007, is made by and between XX XXXXXX CHASE BANK, NA, a national banking association (“Lender”), and PLAINS CAPITAL CORPORATION, a Texas corporation (“Borrower”), in respect of a credit facility in the maximum principal amount of Twenty Million and No/100 Dollars ($20,000,000.00). This Agreement is an amendment and restatement in its entirety of that certain Subordinate Credit Agreement, ...
Definitions and Use of Terms
