EXECUTION AND DELIVERY OF AGREEMENT BY BANK. Bank shall not be bound by this Agreement until (i) Bank has executed and delivered this Agreement, (ii) Borrower has performed all of the obligations of Borrower under this Agreement to be performed contemporaneously with the execution and delivery of this Agreement, (iii) if required by Bank, Borrower and any guarantor(s) of the Loan have executed and delivered to Bank an arbitration resolution, and (iv) each guarantor of the Loan has executed the Consent of Guarantor(s) below.
Appears in 9 contracts
Samples: Modification Agreement (Schuff Steel Co), Credit Loan Agreement (Hypercom Corp), Modification Agreement (Schuff Steel Co)
EXECUTION AND DELIVERY OF AGREEMENT BY BANK. Bank shall not be bound by this Agreement until each of the following shall have occurred: (ia) Bank has executed and delivered this Agreement, (iib) Borrower has performed all of the obligations of Borrower under this Agreement to be performed contemporaneously with the execution and delivery of this Agreement, and (iiic) if required by Bank, Borrower and any guarantor(s) of the Loan have each Subsidiary Guarantor has executed and delivered to Bank an arbitration resolution, and (iv) each guarantor of the Loan has executed the Consent and Agreement of Guarantor(s) belowSubsidiary Guarantors attached to this Agreement.
Appears in 3 contracts
Samples: Fourth Modification Agreement (Global Water Resources, Inc.), Fifth Modification Agreement (Global Water Resources, Inc.), Third Modification Agreement (Global Water Resources, Inc.)
EXECUTION AND DELIVERY OF AGREEMENT BY BANK. Bank shall not be bound by this Agreement until each of the following shall have occurred: (ia) Bank has executed and delivered this Agreement, (iib) Borrower has performed all of the obligations of Borrower under this Agreement to be performed contemporaneously with the execution and delivery of this Agreement, and (iiic) if required by Bank, Borrower and any guarantor(s) each Guarantor of the Loan have has executed and delivered to Bank an arbitration resolution, a Consent and (iv) each guarantor of the Loan has executed the Consent Agreement of Guarantor(s) below).
Appears in 2 contracts
Samples: Third Modification Agreement (EVO Transportation & Energy Services, Inc.), Fourth Modification Agreement (EVO Transportation & Energy Services, Inc.)
EXECUTION AND DELIVERY OF AGREEMENT BY BANK. Bank shall not be bound by this Agreement until (i) Bank has executed and delivered this Agreement, (ii) Borrower has performed all of the obligations of Borrower under this Agreement to be performed contemporaneously with the execution and delivery of this Agreement, if any, and (iii) if required by Bank, Borrower and any guarantor(s) each guarantor of the Loan have Line of Credit and each pledgor of collateral has executed and delivered to Bank an arbitration resolution, a Consent and (iv) each guarantor of the Loan has executed the Consent Agreement of Guarantor(s) belowand Pledgor(s).
Appears in 2 contracts
Samples: Second Modification Agreement (Global Water Resources, Inc.), Fourth Modification Agreement (Global Water Resources, Inc.)
EXECUTION AND DELIVERY OF AGREEMENT BY BANK. Bank shall not be bound by this Agreement until (iI) Bank has executed and delivered this Agreement, (ii) Borrower has performed all of the obligations of Borrower under this Agreement to be performed contemporaneously with the execution and delivery of this Agreement, (iii) if required by Bank, Borrower and any guarantor(s) of the Loan have executed and delivered to Bank an arbitration resolution, and (iv) each guarantor of the Loan has executed the Consent of Guarantor(s) below.
Appears in 1 contract
EXECUTION AND DELIVERY OF AGREEMENT BY BANK. Bank shall not be bound by this Agreement until (i) Bank has executed and delivered this Agreement, (ii) Borrower has performed all of the obligations of Borrower under this Agreement to be performed contemporaneously with the execution and delivery of this Agreement, and (iii) if required by Bank, Borrower and any guarantor(s) of the Loan have executed and delivered to Bank an arbitration resolution, and (iv) each guarantor of the Loan has executed the Consent of Guarantor(s) below.
Appears in 1 contract
Samples: Modification Agreement (Ilx Inc/Az/)