Equipment Financing Agreement Sample Clauses

Equipment Financing Agreement dated as of March 15, 2021, by and between Core Scientific Operating Company (f/k/a Core Scientific, Inc.), as borrower, and Bank of the West, as lender.
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Equipment Financing Agreement. If NANOGEN fails to make any payment or do any act as herein required, then LMSI may, but without obligation to do so, and without notice to or demand upon NANOGEN, make such payments and do such acts as LMSI may deem necessary to protect its security interest in the Collateral. LMSI is hereby authorized (without limiting the general nature of the authority hereinabove conferred) to take possession of the Collateral; to pay, purchase, contest, and compromise any encumbrance, charge or lien which in the judgment of LMSI appears to be prior or superior to its security interest; and, in exercising any such powers and authority, to pay necessary expenses, employ counsel and pay reasonable fees therefor. NANOGEN hereby agrees to repay immediately, and without demand, all sums so expended by LMSI, with interest from date of expenditure at the rate of Eighteen Percent (18%), but never to exceed any legal limit for such interest. Any officer of LMSI is hereby irrevocably appointed the attorney-in-fact of NANOGEN, with full power of substitution, to sign any certificate of ownership, registration card, application therefor, affidavits or documents necessary to transfer title to any of the Collateral, to receive and give receipt for all licenses, registration cards and certificates of ownership, and to do all acts necessary or incident to the powers granted to LMSI herein, as full as NANOGEN might. Should NANOGEN default under the Lease, upon written notice, pursuant to the terms and conditions of the Agreements, LMSI may (a) immediately take possession of the Collateral wherever it may be found, using all necessary force to do so or require NANOGEN to assemble the Collateral and make it available to LMSI at a place designated by LMSI which is reasonably convenient to LMSI, and NANOGEN waives all claims for damages due to or arising from or connected with any such taking; (b) proceed in the foreclosure of LMSI's security interest and the sale of the Collateral in any manner permitted by law, or provided for herein; (c) sell, lease or otherwise dispose of the Collateral at public or private sale, with or without having the Collateral at the place of sale, and upon terms and in such manner as LMSI may determine, and LMSI may purchase the same at any such sale; (d) retain the Collateral in full satisfaction of the obligations secured thereby; (e) exercise any remedies of a LMSI under the Uniform Commercial Code. Prior to any such disposition, LMSI may, at its option, c...

Related to Equipment Financing Agreement

  • Financing Agreement This Amendment shall constitute a Financing Agreement.

  • Financing Agreements Tenant shall not enter into, execute or deliver any financing agreement that can be considered as having priority to any mortgage or deed of trust that Landlord may have placed upon the Leased Premises.

  • Note Purchase Agreement The conditions precedent to the obligations of the Applicable Pass Through Trustees and the other requirements relating to the Aircraft and the Equipment Notes set forth in the Note Purchase Agreement shall have been satisfied.

  • Amendments to Financing Agreement Subject to satisfaction of the conditions precedent set forth in Section 3 below, the Financing Agreement is hereby amended as follows:

  • Receivables Purchase Agreement The Transferor, in its capacity as purchaser of Receivables from the RPA Seller under the Receivables Purchase Agreement, shall enforce the covenants and agreements of the RPA Seller as set forth in the Receivables Purchase Agreement, including its agreement to designate Additional Accounts as and when required in order for the Transferor to fulfill its undertakings in Section 2.06. The Transferor shall not amend, waive or otherwise modify the Receivables Purchase Agreement except in accordance with its terms.

  • Amendments to the Receivables Purchase Agreement The Receivables Purchase Agreement is hereby amended as follows:

  • Asset Purchase Agreement The transactions contemplated by the Asset Purchase Agreement shall have been consummated.

  • of the Purchase Agreement Section 2.5 of the Purchase Agreement is hereby amended and restated in its entirety to read as follows:

  • Amendment to the Purchase Agreement The Company, the Issuer and the Purchaser hereby agree to amend the Purchase Agreement from and after the Effective Date as follows notwithstanding any contrary provision therein:

  • Amendment to Purchase Agreement The Purchase Agreement is hereby amended as follows:

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