Common use of Exim Borrower Agreement; Costs Clause in Contracts

Exim Borrower Agreement; Costs. Borrower shall approximately concurrently herewith execute and deliver a Borrower Agreement, in the form specified by the Exim Bank, in favor of Bank and the Exim Bank (the "Exim Borrower Agreement"). This Agreement is subject to all of the terms and conditions of the Exim Borrower Agreement, all of which are hereby incorporated herein by this reference. Borrower expressly agrees to perform all of the obligations and comply with all of the affirmative and negative covenants and all other terms and conditions set forth in the Exim Borrower Agreement as though the same were expressly set forth herein. In the event of any conflict between the terms of the Exim Borrower Agreement and the other terms of this Agreement, whichever terms are more restrictive shall apply. Borrower shall reimburse Bank for all fees and all out of pocket costs and expenses incurred by Bank with respect to the Exim Guaranty and the Exim Borrower Agreement, including without limitation all facility fees and usage fees, and Silicon is authorized to debit Borrower's account with Bank for such fees, costs and expenses when paid by Bank.

Appears in 2 contracts

Samples: Loan and Security Agreement (Lantronix Inc), Loan and Security Agreement (Lantronix Inc)

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Exim Borrower Agreement; Costs. Borrower shall approximately shall, concurrently herewith execute and deliver a Borrower Agreement, in the form specified by the Exim Bank, in favor of Bank Silicon and the Exim Bank (the "Exim Borrower Agreement"). This Agreement is subject to all of the terms and conditions of the Exim Borrower Agreement, all of which are hereby incorporated herein by this reference. Borrower expressly agrees to perform all of the obligations and comply with all of the affirmative and negative covenants and all other terms and conditions set forth in the Exim Borrower Agreement as though the same were expressly set forth herein. In the event of any conflict between the terms of the Exim Borrower Agreement and the other terms of this Agreement, whichever terms are more restrictive shall apply. Borrower shall reimburse Bank Silicon for all fees and all out of pocket costs and expenses incurred by Bank Silicon with respect to the Exim Guaranty and the Exim Borrower Agreement, including without limitation all facility fees and usage fees, and Silicon is authorized to debit Borrower's account with Bank Silicon for such fees, costs and expenses when paid by BankSilicon.

Appears in 2 contracts

Samples: Loan and Security Agreement (Tegal Corp /De/), Loan and Security Agreement (Genus Inc)

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Exim Borrower Agreement; Costs. Borrower shall approximately shall, concurrently herewith execute and deliver a Borrower Agreement, in the form specified by the Exim Bank, in favor of Bank Silicon and the Exim Bank (the "Exim Borrower Agreement"). This Agreement is subject to all of the terms and conditions of the Exim Borrower Agreement, all of which are hereby incorporated herein by this reference. Borrower expressly agrees to perform all of the obligations and comply with all of the affirmative and negative covenants and all other terms and conditions set forth in the Exim Borrower Agreement as though the same were expressly set forth herein. In the event of any conflict between the terms of the Exim Borrower Agreement and the other terms of this Agreement, whichever terms are more restrictive shall apply. Borrower shall reimburse Bank Silicon for all fees and all out of pocket costs and expenses incurred by Bank Silicon with respect to the Exim Guaranty and the Exim Borrower Agreement, including without limitation all facility fees and usage fees, and Silicon is SILICON VALLEY BANK SCHEDULE TO LOAN AND SECURITY AGREEMENT (Exim) authorized to debit Borrower's account with Bank Silicon for such fees, costs and expenses when paid by BankSilicon.

Appears in 1 contract

Samples: Loan and Security Agreement (Zhone Technologies Inc)

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