Common use of EXIM Borrower Agreement Clause in Contracts

EXIM Borrower Agreement. Borrower shall execute and deliver a Borrower Agreement, in the form specified by the Exim Bank (attached hereto as Annex A), in favor of Bank and the Exim Bank, together with an amendment thereto approved by the Exim Bank to conform certain terms of such Borrower Agreement to the terms of this Exim Agreement (as amended, the “Borrower Agreement”). When the Borrower Agreement is entered into by Borrower and the Exim Bank and delivered to Bank, this Exim Agreement shall be subject to all of the terms and conditions of the Borrower Agreement, all of which are hereby incorporated herein by this reference. Borrower acknowledges and agrees that it has received a copy of the Loan Authorization Agreement which is referred to in the Borrower Agreement. If the Borrower Agreement is entered into by Borrower and the Exim Bank and delivered to Bank, Borrower agrees to be bound by the terms of the Loan Authorization Agreement, including, without limitation, by any additions or revisions made prior to its execution on behalf of Exim Bank. Upon the execution of the Loan Authorization Agreement by Exim Bank and Bank, it shall be deemed to be, and shall become, an attachment to the Borrower Agreement, and shall be incorporated herein by reference. 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 Borrower Agreement, including without limitation all facility fees and usage fees, and Bank is authorized to debit any of Borrower’s deposit accounts with Bank for such fees, costs and expenses when paid by Bank.

Appears in 4 contracts

Samples: First Loan Modification Agreement (Cyoptics Inc), Export Import Bank Loan and Security Agreement (Aehr Test Systems), Loan and Security Agreement (Cyoptics Inc)

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EXIM Borrower Agreement. Borrower shall execute and deliver a Borrower Agreement, in the form specified by the Exim EXIM Bank (attached hereto as Annex A), in favor of Bank and the Exim EXIM Bank, together with an amendment thereto approved by the Exim EXIM Bank to conform certain terms of such Borrower Agreement to the terms of this Exim EXIM Agreement (as amended, the “EXIM Borrower Agreement”). When the EXIM Borrower Agreement is entered into by Borrower and the Exim EXIM Bank and delivered to Bank, this Exim EXIM Agreement shall be subject to all of the terms and conditions of the EXIM Borrower Agreement, all of which are hereby incorporated herein by this reference. From and after the time Borrower and the EXIM Bank have entered into the EXIM Borrower Agreement and delivered the same to Bank, 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 (if then in effect) and the other terms of this EXIM Agreement, whichever terms are more restrictive shall apply. Borrower acknowledges and agrees that it has received a copy of the Loan Authorization Agreement which is referred to in the EXIM Borrower Agreement. If the EXIM Borrower Agreement is entered into by Borrower and the Exim EXIM Bank and delivered to Bank, Borrower agrees to be bound by the terms of the Loan Authorization Agreement, including, without limitation, by any additions or revisions made prior to its execution on behalf of Exim EXIM Bank. Upon the execution of the Loan Authorization Agreement by Exim EXIM Bank and Bank, it shall be deemed to be, and shall become, become an attachment to the EXIM Borrower Agreement, and shall be incorporated herein by reference. Borrower shall reimburse Bank for all fees and all out of pocket costs and expenses incurred by Bank with respect to the Exim EXIM Guaranty and the EXIM Borrower Agreement, including including, without limitation limitation, all facility fees and usage fees, and Bank is authorized to debit any of Borrower’s deposit accounts with Bank for such fees, costs and expenses when paid by Bank.

Appears in 3 contracts

Samples: Loan and Security Agreement (Stereotaxis, Inc.), Export Import Bank Loan and Security Agreement (Axcelis Technologies Inc), Export Import Bank Loan and Security Agreement (Stereotaxis, Inc.)

EXIM Borrower Agreement. Borrower shall execute and deliver a Borrower Agreement, in the form specified by the Exim EXIM Bank (attached hereto as Annex A), in favor of Bank and the Exim EXIM Bank, together with an amendment thereto approved by the Exim EXIM Bank to conform certain terms of such Borrower Agreement to the terms of this Exim EXIM Agreement (as amended, the “EXIM Borrower Agreement”). When the EXIM Borrower Agreement is entered into by Borrower and the Exim EXIM Bank and delivered to Bank, this Exim EXIM Agreement shall be subject to all of the terms and conditions of the EXIM Borrower Agreement, all of which are hereby incorporated herein by this reference. From and after the time Borrower acknowledges and the EXIM Bank have entered into the EXIM Borrower Agreement and delivered the same to Bank, Borrower expressly agrees that it has received a copy 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 (if then in effect) and the other terms of this EXIM Agreement, whichever terms are more restrictive shall apply. If a Loan Authorization Agreement which is referred to in the Borrower Agreement. If the Borrower Agreement is entered into by Borrower and the Exim EXIM Bank and delivered to Bank, Borrower agrees to be bound by the terms of the such Loan Authorization Agreement, including, without limitation, by any additions or revisions made prior to its execution on behalf of Exim EXIM Bank. Upon the execution of the a Loan Authorization Agreement by Exim EXIM Bank and Bank, it shall be deemed to be, and shall become, become an attachment to the EXIM Borrower Agreement, and shall be incorporated herein by reference. Borrower shall reimburse Bank for all fees and all out of pocket costs and expenses incurred by Bank with respect to the Exim EXIM Guaranty and the EXIM Borrower Agreement, including without limitation all facility fees and usage fees, and Bank is authorized to debit any of Borrower’s deposit accounts with Bank for such fees, costs and expenses when paid by Bank.

Appears in 2 contracts

Samples: Loan and Security Agreement (Aerohive Networks, Inc), Loan and Security Agreement (Aerohive Networks, Inc)

EXIM Borrower Agreement. Borrower shall execute and deliver a Borrower Agreement, in the form specified by the Exim Bank (attached hereto as Annex A)Bank, in favor of Bank Lender and the Exim Bank, together with an amendment thereto thereto, if applicable, as approved by the Exim Bank to conform certain terms of such Borrower Agreement to the terms of this Exim Agreement (as amended, the “Exim Borrower Agreement”). When the Exim Borrower Agreement is entered into by Borrower and the Exim Bank and delivered to BankLender, this Exim Agreement shall be subject to all of the terms and conditions of the Exim Borrower Agreement, all of which are hereby incorporated herein by this reference. From and after the time Borrower and the Exim Bank have entered into the Exim Borrower Agreement and delivered the same to Lender, 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 (if then in effect) and the other terms of this Agreement, whichever terms are more restrictive shall apply. Borrower acknowledges and agrees that it has received a copy form of the Loan Authorization Agreement which is referred to in the Exim Borrower Agreement. If the Exim Borrower Agreement is entered into by Borrower and the Exim Bank and delivered to BankLender, Borrower agrees to be bound by the terms of the Loan Authorization Agreement, including, without limitation, by any additions or revisions made prior to its execution on behalf of Exim Bank. Upon the execution of the Loan Authorization Agreement by Exim Bank and BankLender, it shall be deemed to be, and shall become, become an attachment to the Exim Borrower Agreement, and shall be incorporated herein by reference. Borrower shall reimburse Bank Lender for all fees and all out of pocket costs and expenses incurred by Bank Lender with respect to the Exim Guaranty Guarantee and the Exim Borrower Agreement, including without limitation all facility fees and usage fees, and Bank Lender is authorized to debit any of Borrower’s deposit accounts with Bank Lender for such fees, costs and expenses when paid by BankLender.

Appears in 1 contract

Samples: Loan and Security Agreement (Biolase, Inc)

EXIM Borrower Agreement. Borrower shall execute and deliver a Borrower Agreement, in the form specified by the Exim EXIM Bank (attached hereto as Annex A), in favor of Bank and the Exim EXIM Bank, together with an amendment thereto approved by the Exim EXIM Bank to conform certain terms of such Borrower Agreement to the terms of this Exim Agreement (as amended, the “EXIM Borrower Agreement”). When the EXIM Borrower Agreement is entered into by Borrower and the Exim EXIM Bank and delivered to Bank, this Exim Agreement shall be subject to all of the terms and conditions of the EXIM Borrower Agreement, all of which are hereby incorporated herein by this reference. From and after the time Borrower and the EXIM Bank have entered into the EXIM Borrower Agreement and delivered the same to Bank, 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 (if then in effect) and the other terms of this Agreement, whichever terms are more restrictive shall apply. Borrower acknowledges and agrees that it has received a copy of the Loan Authorization Agreement which is referred to in the EXIM Borrower Agreement. If the EXIM Borrower Agreement is entered into by Borrower and the Exim EXIM Bank and delivered to Bank, Borrower agrees to be bound by the terms of the Loan Authorization Agreement, including, without limitation, by any additions or revisions made prior to its execution on behalf of Exim EXIM Bank. Upon the execution of the Loan Authorization Agreement by Exim EXIM Bank and Bank, it shall be deemed to be, and shall become, become an attachment to the EXIM Borrower Agreement, and shall be incorporated herein by reference. Borrower shall reimburse Bank for all fees and all out of pocket costs and expenses incurred by Bank with respect to the Exim EXIM Guaranty and the EXIM Borrower Agreement, including without limitation all facility fees and usage fees, and Bank is authorized to debit any of Borrower’s deposit accounts with Bank for such fees, costs and expenses when paid by Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Amtech Systems Inc)

EXIM Borrower Agreement. Borrower shall execute and deliver a Borrower Agreement, in the form specified by the Exim EXIM Bank (attached hereto as Annex AExhibit E), in favor of Bank each of the Administrative Agent (for the benefit of the Secured Parties) and the Exim EXIM Bank, together with an amendment thereto approved by the Exim EXIM Bank to conform certain terms of such Borrower Agreement to the terms of this Exim Agreement (as amended, the “Borrower Agreement). When the Borrower Agreement is entered into by the Borrower and the Exim EXIM Bank and delivered to Bankthe Administrative Agent, this Exim Agreement shall be subject to all of the terms and conditions of the Borrower Agreement, all of which are hereby incorporated herein by this reference. From and after the time the Borrower and EXIM Bank have entered into the Borrower Agreement and delivered the same to the Administrative Agent, the 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 Borrower Agreement as though the same were expressly set forth herein. In the event of any conflict between the terms of the Borrower Agreement (if then in effect) and the other terms of this Agreement, whichever terms are more restrictive shall apply. The Borrower acknowledges and agrees that it has received a copy of the Loan Authorization Agreement which is referred to in the Borrower Agreement. If the Borrower Agreement is entered into by the Borrower and the Exim EXIM Bank and delivered to Bankthe Administrative Agent, Borrower agrees to be bound by the terms of the Loan Authorization Agreement, including, without limitation, by any additions or revisions made prior to its execution on behalf of Exim EXIM Bank. Upon the execution of the Loan Authorization Agreement by Exim EXIM Bank and Bankthe Administrative Agent, it shall be deemed to be, and shall become, an attachment to the Borrower Agreement, and shall be incorporated herein by reference. The Borrower shall reimburse Bank the Administrative Agent for all fees and all out of pocket costs and expenses incurred by Bank the Administrative Agent with respect to the Exim EXIM Guaranty and the Borrower Agreement, including without limitation all facility fees and usage fees, and Bank the Administrative Agent is authorized to debit any of the Borrower’s deposit accounts with Bank the Administrative Agent or any other Secured Party for such fees, costs and expenses when paid by Bankthe Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (K2m Group Holdings, Inc.)

EXIM Borrower Agreement. Borrower shall execute and deliver a Borrower Agreement, in the form specified by the Exim EXIM Bank (attached hereto as Annex A), in favor of Bank and the Exim EXIM Bank, together with an amendment thereto approved by the Exim EXIM Bank to conform certain terms of such Borrower Agreement to the terms of this Exim EXIM Agreement (as amended, the “EXIM Borrower Agreement”). When the EXIM Borrower Agreement is entered into by Borrower and the Exim EXIM Bank and delivered to Bank, this Exim EXIM Agreement shall be subject to all of the terms and conditions of the EXIM Borrower Agreement, all of which are hereby incorporated herein by this reference. From and after the time Borrower and the EXIM Bank have entered into the EXIM Borrower Agreement and delivered the same to Bank, 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 (if then in effect) and the other terms of this EXIM Agreement, whichever terms are more restrictive shall apply. Borrower acknowledges and agrees that it has received a copy of the Loan Authorization Agreement which is referred to in the EXIM Borrower Agreement. If the EXIM Borrower Agreement is entered into by Borrower and the Exim EXIM Bank and delivered to Bank, Borrower agrees to be bound by the terms of the Loan Authorization Agreement, including, without limitation, by any additions or revisions made prior to its execution on behalf of Exim EXIM Bank. Upon the execution of the Loan Authorization Agreement by Exim EXIM Bank and Bank, it shall be deemed to be, and shall become, become an attachment to the EXIM Borrower Agreement, and shall be incorporated herein by reference. Borrower shall reimburse Bank for all fees and all out of pocket costs and expenses incurred by Bank with respect to the Exim Guaranty EXIM Guarantee and the EXIM Borrower Agreement, including without limitation all facility fees and usage fees, and Bank is authorized to debit any of Borrower’s deposit accounts with Bank for such fees, costs and expenses when paid by Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Socket Mobile, Inc.)

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EXIM Borrower Agreement. Borrower shall execute and deliver a Borrower Agreement, in the form specified by the Exim Bank (attached hereto as Annex AExhibit D), in favor of Bank and the Exim Bank, together with an amendment thereto approved by the Exim Bank to conform certain terms of such Borrower Agreement to the terms of this Exim Agreement (as amended, the “Borrower Agreement”). When the Borrower Agreement is entered into by Borrower and the Exim Bank and delivered to Bank, this Exim Agreement shall be subject to all of the terms and conditions of the Borrower Agreement, all of which are hereby incorporated herein by this reference. From and after the time Borrower and the Exim Bank have entered into the Borrower Agreement and delivered the same to Bank, 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 Borrower Agreement as though the same were expressly set forth herein. Borrower acknowledges and agrees that it has received a copy of the Loan Authorization Agreement which is referred to in the Borrower Agreement. If the Borrower Agreement is entered into by Borrower and the Exim Bank and delivered to Bank, Borrower agrees to be bound by the terms of the Loan Authorization Agreement, including, without limitation, by any additions or revisions made prior to its execution on behalf of Exim Bank. Upon the execution of the Loan Authorization Agreement by Exim Bank and Bank, it shall be deemed to be, and shall become, an attachment to the Borrower Agreement, and shall be incorporated herein by reference. 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 Borrower Agreement, including without limitation all facility fees and usage fees, and Bank is authorized to debit any of Borrower’s deposit accounts with Bank for such fees, costs and expenses when paid by Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Spire Corp)

EXIM Borrower Agreement. Borrower shall execute and deliver a Borrower Agreement, in the form specified by the Exim EXIM Bank (attached hereto as Annex A), in favor of Bank and the Exim EXIM Bank, together with an amendment thereto approved by the Exim EXIM Bank to conform certain terms of such Borrower Agreement to the terms of this Exim EXIM Agreement (as amended, the "EXIM Borrower Agreement"). When the EXIM Borrower Agreement is entered into by Borrower and the Exim EXIM Bank and delivered to Bank, this Exim EXIM Agreement shall be subject to all of the terms and conditions of the EXIM Borrower Agreement, all of which are hereby incorporated herein by this reference. From and after the time Borrower and the EXIM Bank have entered into the EXIM Borrower Agreement and delivered the same to Bank, 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 (if then in effect) and the other terms of this EXIM Agreement, whichever terms are more restrictive shall apply. Borrower acknowledges and agrees that it has received a copy of the Loan Authorization Agreement which is referred to in the EXIM Borrower Agreement. If the EXIM Borrower Agreement is entered into by Borrower and the Exim EXIM Bank and delivered to Bank, Borrower agrees to be bound by the terms of the Loan Authorization Agreement, including, without limitation, by any additions or revisions made prior to its execution on behalf of Exim EXIM Bank. Upon the execution of the Loan Authorization Agreement by Exim EXIM Bank and Bank, it shall be deemed to be, and shall become, become an attachment to the EXIM Borrower Agreement, and shall be incorporated herein by reference. Borrower shall reimburse Bank for all fees and all out of pocket costs and expenses incurred by Bank with respect to the Exim EXIM Guaranty and the EXIM Borrower Agreement, including including, without limitation limitation, all facility fees and usage fees, and Bank is authorized to debit any of Borrower’s 's deposit accounts with Bank for such fees, costs and expenses when paid by Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Spire Corp)

EXIM Borrower Agreement. Borrower shall execute and deliver a Borrower Agreement, in the form specified by the Exim Bank (attached hereto as Annex A)EXIM Bank, in favor of Bank and the Exim EXIM Bank, together with an amendment thereto approved by the Exim EXIM Bank to conform certain terms of such Borrower Agreement to the terms of this Exim EXIM Agreement (as amended, the "Borrower Agreement"). When the Borrower Agreement is entered into by Borrower and the Exim EXIM Bank and delivered to Bank, this Exim EXIM Agreement shall be subject to all of the terms and conditions of the Borrower Agreement, all of which are hereby incorporated herein by this reference. From and after the time Borrower and the EXIM Bank have entered into the Borrower Agreement and delivered the same to Bank, 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 Borrower Agreement as though the same were expressly set forth herein. In the event of any conflict between the terms of the Borrower Agreement (if then in effect) and the other terms of this EXIM Agreement, whichever terms are more restrictive shall apply. Borrower acknowledges and agrees that it has received a copy of the Loan Authorization Agreement which is referred to in the Borrower Agreement. If the Borrower Agreement is entered into by Borrower and the Exim EXIM Bank and delivered to Bank, Borrower agrees to be bound by the terms of the Loan Authorization Agreement, including, without limitation, by any additions or revisions made prior to its execution on behalf of Exim EXIM Bank. Upon the execution of the Loan Authorization Agreement by Exim EXIM Bank and Bank, it shall be deemed to be, and shall become, become an attachment to the Borrower Agreement, and shall be incorporated herein by reference. Borrower shall reimburse Bank for all fees and all out of pocket costs and expenses incurred by Bank with respect to the Exim EXIM Guaranty and the Borrower Agreement, including without limitation all facility fees and usage fees, and Bank is authorized to debit any of Borrower’s 's deposit accounts with Bank for such fees, costs and expenses when paid by Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Socket Mobile, Inc.)

EXIM Borrower Agreement. Borrower shall execute and deliver a Borrower Agreement, in the form specified by the Exim EXIM Bank (attached hereto as Annex A), in favor of Bank and the Exim EXIM Bank, together with an amendment thereto approved by the Exim EXIM Bank to conform certain terms of such Borrower Agreement to the terms of this Exim EXIM Agreement (as amended, the “EXIM Borrower Agreement”). When the EXIM Borrower Agreement is entered into by Borrower and the Exim EXIM Bank and delivered to Bank, this Exim EXIM Agreement shall be subject to all of the terms and conditions of the EXIM Borrower Agreement, all of which are hereby incorporated herein by this reference. From and after the time Borrower and the EXIM Bank have entered into the EXIM Borrower Agreement and delivered the same to Bank, 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 (if then in effect) and the other terms of this EXIM Agreement, whichever terms are more restrictive shall apply. Borrower acknowledges and agrees that it has received a copy of the Loan Authorization Agreement which is referred to in the EXIM Borrower Agreement. If the EXIM Borrower Agreement is entered into by Borrower and the Exim EXIM Bank and delivered to Bank, Borrower agrees to be bound by the terms of the Loan Authorization Agreement, including, without limitation, by any additions or revisions made prior to its execution on behalf of Exim EXIM Bank. Upon the execution of the Loan Authorization Agreement by Exim EXIM Bank and Bank, it shall be deemed to be, and shall become, become an attachment to the EXIM Borrower Agreement, and shall be incorporated herein by reference. Borrower shall reimburse Bank for all fees and all out of pocket costs and expenses incurred by Bank with respect to the Exim EXIM Guaranty and the EXIM Borrower Agreement, including without limitation all facility fees and usage fees, and Bank is authorized to debit any of Borrower’s deposit accounts with Bank for such fees, costs and expenses when paid by Bank.

Appears in 1 contract

Samples: Export Import Bank Loan and Security Agreement (Microfluidics International Corp)

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