Existing Collateral Documents. All capitalized terms used but not elsewhere defined in this Exhibit A shall have the respective meanings ascribed to such terms in the foregoing Agreement. Each of the following agreements, documents and instruments shall be deemed to include any and all amendments, modifications, supplements and restatements thereof.
Existing Collateral Documents. True and correct copies, as same are in effect on the Closing Date but before giving effect to the amendments thereto required pursuant to Section 4 hereof, of each of (i) the Existing Pledge Agreement is set forth as Exhibit H-1, (ii) the Existing Security Agreement is set forth as Exhibit I-1, (iii) the Existing Canadian Debenture is set forth as Exhibit K-1 and (iv) the Existing Canadian Pledge Agreement is set forth as Exhibit K-2.
Existing Collateral Documents. With respect to the Collateral Documents executed and delivered pursuant to the Existing Credit Agreement (as amended through the date hereof, the "Existing Collateral Documents"), Borrower, each Guarantor, and each partner of a Cellular Partnership executing any such Existing Collateral Document (by execution of Guaranties or other Collateral Documents required under this Agreement) (i) agree that the execution and delivery of the Loan Documents shall in no way release, diminish, impair, reduce, or otherwise affect the liens and security interests created by the Existing Collateral Documents, (ii) acknowledges and confirms the continuing existence and effectiveness of the Existing Collateral Document (except with respect to the release of Liens contemplated by Section 6.5(a)), and (iii) agrees that the "Obligation" and "Guaranteed Debt" secured or assured by the Existing Collateral Documents shall include the Obligation under the Loan Documents.
Existing Collateral Documents. With respect to the Collateral Documents (as amended through the date hereof, the "EXISTING COLLATERAL DOCUMENTS"), executed by Borrower in favor of Administrative Agent for the ratable benefit of Lenders pursuant to the Existing Agreement, Borrower (i) agrees that the execution and delivery of the Loan Papers shall in no way release, diminish, impair, reduce, or otherwise affect the liens and security interests created by the Existing Collateral Documents, (ii) acknowledges and confirms the continuing existence and effectiveness of the Existing Collateral Documents, and (iii) agrees that the "OBLIGATION" secured by the Existing Collateral Documents shall include the Obligation hereunder.
Existing Collateral Documents. 35 6.4. Future Liens.................................................35 6.5.
Existing Collateral Documents. If required by Lender, evidence that the Liens of Lender are valid, enforceable and subsisting first priority, perfected Liens in each relevant jurisdiction.
Existing Collateral Documents. The Existing Collateral Documents shall have been terminated and signed releases of all financing statements in connection therewith shall have been delivered to the Lender and shall be in form and substance satisfactory to the Lender and its counsel.
Existing Collateral Documents. Obligations hereunder are and continue to be secured by the security interest granted by the Loan Parties in favor of the Lender under the Collateral Documents, and all terms, conditions, provisions, agreements, requirements, premises, obligations, duties, covenants and representations of the Loan Parties under such documents are hereby ratified and affirmed in all respects. The parties hereto have caused this Agreement to be duly executed and delivered by their duly authorized officers as of the date first set forth above. By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Chief Financial Officer and Treasurer By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Chief Financial Officer and Treasurer By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Chief Financial Officer and Treasurer By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Chief Financial Officer and Treasurer Address for Notices: c/o Winmark Corporation 0000 Xxxxxxxx Xxxxx Suite 100 Minneapolis, MN 55422 Attention: Vice President and General Counsel Telephone: (000) 000-0000 Fax: (000) 000-0000 LASALLE BANK NATIONAL ASSOCIATION, as Administrative Agent By: /s/ A. Xxxxx Xxxxxxxxxx Name: A. Xxxxx Xxxxxxxxxx Title: Senior Vice President LASALLE BANK NATIONAL ASSOCIATION, as a Lender and L/C Issuer By: /s/ A. Xxxxx Xxxxxxxxxx Name: A. Xxxxx Xxxxxxxxxx Title: Senior Vice President 000 Xxxxx XxXxxxx Xxxxxx, Xxxxx 0000 Xxxxxxx, XX 00000 Attention: Xxxxxxxxx XxXxxxxx Telephone: (000) 000-0000 Facsimile: (000) 000-0000 000 Xxxxx XxXxxxx Xxxxxx, Xxxxx 0000 Xxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxxxxx Telephone: (000) 000-0000 Facsimile: (000) 000-0000 000 Xxxxx XxXxxxx Xxxxxx, Xxxxx 0000 Xxxxxxx, XX 00000 Attention: Xxxx Xxxxxxxx Telephone: (000) 000-0000 Facsimile: (000) 000-0000 THE PRIVATEBANK AND TRUST COMPANY, as a Lender and Documentation Agent By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Associate Managing Director Address for Notices: The PrivateBank and Trust Company 000 Xxxxx 0xx Xxxxxx, 00xx Xxxxx Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 LaSalle Bank National Association $ 30,000,000 54.545454546 % The PrivateBank and Trust Company $ 25,000,000 45.454545454 % Total $ 55,000,000 100.00 % For purposes of Section 5.2(b) of the Credit Agreement, the prepayment fee in respect of a Fixed Rate Loan shall be equal to the Net Present Value of the Fixed Rate Loan less the amount of the prepayment of such Fixed Rate Loan. The Net Present Val...
Existing Collateral Documents. 47 CREDIT AGREEMENT PAGE ii
Existing Collateral Documents. The Borrower acknowledges and agrees that all of the "Collateral Documents" (as such term is defined in the Initial Credit Agreement) executed and delivered in connection with the Initial Credit Agreement shall remain in effect and shall secure payment and performance of the obligations of the Borrower under this Agreement, the Loans and the Loan Documents. The Borrower hereby ratifies and reaffirms all of its obligations under such "Collateral Documents." In addition, without limiting the foregoing, the obligation of each Lender to make the initial advance to the Borrower under the Loans hereunder or the obligation of the Agent to issue the first Letter of Credit is subject to the condition that the Agent has received on or before the Closing Date all of the instruments, agreements and documents referred to in Section 5.1.
