Domicile of Loan. The Lender may transfer and carry its Loan at, to or for the account of any branch office, subsidiary or affiliate of the Lender, provided that the Borrowers shall not be responsible for costs arising under Section 3.04 resulting from any such transfer (other than a transfer pursuant to Section 1.11 to the extent not otherwise applicable to the Lender prior to such transfer).
Domicile of Loan. Each Lender may transfer and carry its Loans at, to or for the account of any office, Subsidiary or Affiliate of such Lender. Notwithstanding anything to the contrary contained herein, to the extent that a transfer of Loans pursuant to this Section 11.14 would, at the time of such transfer, result in increased costs under Section 2.09, 2.10 or 4.04 from those being charged by the respective Lender prior to such transfer, then the Borrower shall not be obligated to pay such increased costs (although the Borrower shall be obligated to pay any other increased costs of the type described above resulting from changes after the date of the respective transfer).
Domicile of Loan. The Lender may transfer and carry its Loan at, to or for the account of any branch office, subsidiary or affiliate of the Lender.
Domicile of Loan. Lender may transfer and carry the Loan at, to or for the account of any office or subsidiary of Lender. Notwithstanding anything to the contrary contained herein, to the extent that a transfer of the Loan pursuant to this Section 9(o) or any other provision of this Agreement or the other Loan Documents or the issuance of participations in the Loan would, at the time of such transfer or participation, result in increased costs from those being charged by Lender prior to such transfer or participation, then Borrower shall not be obligated to pay such increased costs. Notwithstanding the foregoing, Lender’s interests and rights under this Agreement and the other Loan Documents are freely assignable, in whole or in part, by Lender.
Domicile of Loan. 59 11.14 Confidentiality.............................................59 11.15 Register....................................................60 (iv) SCHEDULE I Commitments SCHEDULE II Lender Addresses SCHEDULE III Plans SCHEDULE IV Real Property SCHEDULE V Subsidiaries SCHEDULE VI Existing Indebtedness SCHEDULE VII Insurance SCHEDULE VIII Existing Liens SCHEDULE IX Existing Investments SCHEDULE X Indebtedness to be Refinanced SCHEDULE XI Existing Affiliate Transactions EXHIBIT A Notice of Borrowing EXHIBIT B Note EXHIBIT C Opinion of Mr Oliver J. Janney, Esq., Generxx Xxxxxxl xx xxx Xorrower and each of its Subsidiaries EXHIBIT D Officers' Certificate EXHIBIT E Security Agreement EXHIBIT F Subsidiaries Guaranty EXHIBIT G Solvency Certificate EXHIBIT H Intercompany Note EXHIBIT I Shareholder Subordinated Note EXHIBIT J Control Agreement
Domicile of Loan. 52 10.13 Confidentiality........................................................................................... 52 10.14 Insurance................................................................................................. 53 10.15 Construction.............................................................................................. 53 EXHIBITS: EXHIBIT A Schedule of Additional Davel Credit Parties EXHIBIT B Form of Note EXHIBIT C Form of MobilePro Pledge Agreement EXHIBIT D Form of Purchaser Pledge Agreement EXHIBIT E Form of Collateral Debt and Security Assignment Agreement EXHIBIT F-1 Form of Existing MobilePro Subsidiaries Guaranty EXHIBIT F-2 Form of Borrowers Security Agreement EXHIBIT G Form of Davel Credit Parties Guaranty EXHIBIT H Form of Davel Credit Parties Security Agreement EXHIBIT I Form of Intellectual Property Assignment Agreement EXHIBIT J Form of Intercreditor Agreement EXHIBIT K Form of Cornell Assignment Agreement EXHIBIT L Form of Warrant EXHIBIT M Form of Forbearance Agreement EXHIBIT N Form of Legal Opinion EXHIBIT O Form of Registration Rights Agreement EXHIBIT P Form of Depositary Account Agreement EXHIBIT Q Form of Joinder Agreement CREDIT AGREEMENT THIS CREDIT AGREEMENT ("AGREEMENT" or "CREDIT AGREEMENT") dated as of November 15, 2004, is made and entered into by and among MOBILEPRO CORP., a Delaware corporation ("MOBILEPRO"); DAVEL ACQUISITION CORP., a Delaware corporation (the "PURCHASER") and AIRLIE OPPORTUNITY MASTER FUND, LTD., a Cayman Islands company ("AIRLIE" or the "LENDER"). MobilePro and the Purchaser are hereinafter collectively referred to as the "BORROWERS." Unless otherwise defined herein, all capitalized terms used herein and defined in Section 9 are used herein as so defined. Pursuant to the Joinder Agreement to be executed immediately following the Closing Date, this Agreement shall also applicable to and binding upon each of DAVEL COMMUNICATIONS, INC., a Delaware corporation ("DAVEL"); DAVEL FINANCING COMPANY LLC, a Delaware limited liability company ("DAVEL FINANCING"); PHONETEL TECHNOLOGIES, INC., an Ohio corporation ("PHONETEL"); CHEROKEE COMMUNICATIONS, INC., a Texas corporation ("CHEROKEE"). Davel, Davel Financing, Phonetel, Cherokee and each direct and indirect domestic Subsidiary of Davel, Davel Financing, Phonetel and Cherokee listed on EXHIBIT A annexed hereto, are hereinafter individually referred to as a "DAVEL CREDIT PARTY" and collectively referred to as the "DAVEL CREDIT PARTIES."
Domicile of Loan. 88 Section 10.13 Disclosures......................................................88 Section 10.14 Release of Transaction Claims....................................88 Section 10.15 Notice Pursuant to Section 26.02 of the Tex. Bus. & Comm. Code...88 Section 10.16 Waiver of Jury Trial, Punitive Damages, etc......................88 CREDIT AGREEMENT THIS CREDIT AGREEMENT (this "Agreement") dated effective as of May 28, 1999 (the "Effective Date") made by and among (a) HARBOR FINANCIAL MORTGAGE CORPORATION (the "Company"), a Texas corporation; (b) NEW AMERICA FINANCIAL, INC. ("New Am Inc."), a Texas corporation that is a wholly-owned subsidiary of the Company (the Company and New Am Inc. being the "Obligors"); (c) GUARANTY FEDERAL BANK, F.S.B. ("GFB"), a federal savings bank, in its capacity as one of the Banks and as Administrative Agent (it and its successors in that capacity being called the "Administrative Agent") for the other Banks; (d) BANK ONE, TEXAS, N.A. ("Bank One"), in its capacity one of the Banks and as Collateral Agent, (e) the other lenders (together with GFB and Bank One, the "Banks") that are signatories and parties to this Agreement from time to time, and (f) FIRSTCITY FINANCIAL MORTGAGE CORPORATION ("Guarantor"), a Delaware corporation; The parties hereto hereby agree as follows:
Domicile of Loan. The Banks may transfer and carry all or any part of the Loans at, to or for the account of any branch office or Affiliate.
