Existing Loan Agreements Sample Clauses

Existing Loan Agreements. Except as represented by the Notes or the related Loan Agreements, or under the arrangements set forth in Schedule 3.05 or as set forth in Schedule 3.06, there is, and at the Closing Date there will be, no material indebtedness of the Company or its Subsidiaries in excess of an aggregate of two hundred fifty thousand dollars ($250,000) owing to any Seller or its Affiliates (other than the Company and its controlled Affiliates). Schedule 3.06 sets forth, as of the close of business on September 28, 2001, the outstanding principal amounts of each Loan made by such Seller, and a description of the scheduled payments of principal and interest (and other amounts) in respect of each Loan through December 31, 2001. Sellers have provided to TPG true and correct copies of each Loan Agreement that has not been filed by the Company with the Securities and Exchange Commission. As of the close of business on September 28, 2001, there was an aggregate maximum amount of approximately $7,800,000 of borrowings available to the Company and its Subsidiaries pursuant to the Available E.ON Credit Facilities. Except as set forth in this Section 3.06, Sellers make no further representations or warranties with respect to the Loan Agreements.
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Existing Loan Agreements. 17 4.12 Loans to Drive Entities...........................................................................18 4.13
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Existing Loan Agreements. (a) The lenders under the Senior BOS Loan Agreement, including BOA (to the extent required), shall have consented to the Acquisition and related transactions. (b) The facilities outstanding under the Current Loan Agreements shall have been restructured in a manner satisfactory to BOS and IFA pursuant to amendments to such agreements satisfactory to BOS in form and substance. (c) IFA Parent, as holder of the promissory notes issued under the IFA Subordinated Loan Agreement, shall have consented to the Acquisition and related transactions. (d) The indebtedness owing by CLC to Central National Bank of Waco, Texas (not to exceed $4,400,000 principal amount plus accrued interest thereon at the non-default rate) shall have been paid in full to such bank by the borrower thereof. (e) The indebtedness owing by FC Capital to Nomura (not to exceed $3,500,000 principal amount plus accrued interest thereon at the non-default rate) shall have been paid in full to Nomura by FC Capital.
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Existing Loan Agreements. On the Closing Date, Parent Guarantor and ------------------------ its Subsidiaries shall have (i) repaid in full all of the Indebtedness and other obligations then outstanding under the Existing Loan Agreements, (ii) terminated any commitments to lend or make other extensions of credit thereunder, and (iii) delivered to Syndication Agent and Administrative Agent all documents or instruments necessary to release all Liens securing the Indebtedness under the Existing Loan Agreements or other obligations of Parent Guarantor and its Subsidiaries thereunder being repaid on the Closing Date.
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Existing Loan Agreements. The Administrative Agent and the Lenders shall have received satisfactory evidence that all amounts owing under the Existing Loan Agreements (including, without limitation, interest, fees and expenses) and amounts owing under the PK Loan Agreement relating to the Collateral have been repaid in full or discharged and that all Liens under the Existing Loan Agreements and certain Liens under the PK Loan Agreement relating to the Collateral have been released.
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Existing Loan Agreements. The Administrative Agent shall have received reasonably satisfactory evidence that (i) the Holdings Loan Agreement shall be simultaneously terminated and all loans and other amounts due and payable thereunder shall have been paid in full and all letters of credit issued and outstanding thereunder shall have been terminated, replaced or continued under this Agreement, as applicable and (ii) the (A) Revolving Credit Agreement, dated as of July 16, 2003, among ITC, various financial institutions and other Persons from time to time parties thereto as lenders and Canadian Imperial Bank of Commerce, as administrative agent and (B) the $35,000,000 Credit Agreement, dated as of December 10, 2003, among METC, the several lenders from time to time parties thereto, Comerica Bank, as syndication agent and JPMCB, as administrative agent, shall be simultaneously terminated and all loans and other amounts due and payable under each agreement shall have been paid in full and all letters of credit issued and outstanding thereunder shall have been terminated, replaced or continued under the ITC/METC Credit Agreement, as applicable.
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Related to Existing Loan Agreements

  • Loan Agreements Notwithstanding any term hereof (or any term of the UCC that might otherwise be construed to be applicable to a “securities intermediary” as defined in the UCC) to the contrary, none of the Collateral Agent, the Collateral Custodian nor any securities intermediary shall be under any duty or obligation in connection with the acquisition by the Borrower, or the grant by the Borrower to the Collateral Agent, of any Loan Asset in the nature of a loan or a participation in a loan to examine or evaluate the sufficiency of the documents or instruments delivered to it by or on behalf of the Borrower under the related Loan Agreements, or otherwise to examine the Loan Agreements, in order to determine or compel compliance with any applicable requirements of or restrictions on transfer (including without limitation any necessary consents). The Collateral Custodian shall hold any Instrument delivered to it evidencing any Loan Asset granted to the Collateral Agent hereunder as custodial agent for the Collateral Agent in accordance with the terms of this Agreement.

  • Existing Loans Schedule 2.3(j) lists, as of the date hereof, all (i) secured loans encumbering the Properties or any direct or indirect interest in the applicable Contributed Entity and (ii) any other indebtedness of any Contributed Entity or subsidiary (collectively, the “Disclosed Loans”) and the outstanding aggregate principal balance as of the date set forth on Schedule 2.3(j). To the Knowledge of Contributor, no monetary default (beyond applicable notice and cure periods) by any party exists under any of the Disclosed Loans and the documents entered into in connection therewith (collectively, the “Disclosed Loan Documents”) and no non-monetary default (beyond applicable notice and cure periods) by any party exists under any of the Disclosed Loan Documents.

  • Credit Agreements Schedule II is a complete and correct list, as of the date of this Agreement, of each credit agreement, loan agreement, indenture, purchase agreement, guarantee or other arrangement providing for or otherwise relating to any Indebtedness or any extension of credit (or commitment for any extension of credit) to, or guarantee by, the Company or any of its Material Subsidiaries the aggregate principal or face amount of which equals or exceeds (or may equal or exceed) $150,000,000 and the aggregate principal or face amount outstanding or which may become outstanding under each such arrangement is correctly described in Schedule II.

  • Loan Agreement This Agreement duly executed by Borrower and Lender.

  • Existing Lock-Up Agreements Except as described in the Registration Statement, the Disclosure Package and the Prospectus, there are no existing agreements between the Company and its security holders that prohibit the sale, transfer, assignment, pledge or hypothecation of any of the Company’s securities. The Company will direct the transfer agent to place stop transfer restrictions upon the securities of the Company that are bound by such “lock-up” agreements for the duration of the periods contemplated therein.

  • Existing Loan Seller represents and warrants to Buyer that the Existing Loan is the only indebtedness secured by the Property and that the information contained on Exhibit H is true, correct and complete in all material respects. To Seller’s Knowledge, neither Seller nor any guarantor is in default or breach of any provisions of the documents evidencing the Existing Loan and, to Seller’s Knowledge, no event or circumstance has occurred or exists which but for the passage of time would be a default under the Existing Loan. At Closing, Buyer shall accept the conveyance of the Property subject to the Existing Loan, including, without limitation, all liens securing its payment. If this Contract is still pending, by no later than fifteen (15) days after the Effective Date, Seller shall cause Existing Lender to deliver to Buyer (or for Seller to deliver to Buyer) a complete assumption and application, and thereafter Buyer shall, at its sole cost and expense, during the pendency of this Contract use diligent, commercially reasonable efforts, in cooperation with Seller, to facilitate Buyer’s assumption of the Existing Loan, including, without limitation, promptly furnishing and/or paying for all items required by the holder of the Existing Loan or its servicer to process Buyer’s application and pay all costs required by the holder of the Existing Loan or its servicer (such costs and all other costs and expenses of the holder of the Existing Loan or its servicer to consider, investigate, process, approve and document the transaction contemplated by this Contract, including all application, underwriting, legal, rating agency and assumption fees, being sometimes collectively referred to as the “Assumption Costs”); provided, however, in no event shall the Assumption Costs include any legal fees of Seller’s own counsel or legal fees of Existing Lender’s counsel necessitated by Seller’s negotiation of the Assumption Documents or necessitated by Seller’s pursuit of an exchange contemplated by Section 16.14 hereof. In addition, any assumption fee based solely on the amount of the Existing Loan need not be paid until Closing. Such efforts by Buyer shall include causing Buyer’s rights under this Contract to be assigned by no later than Closing to a single purpose entity or other special purpose entity as required by the holder of the Existing Loan or its servicer and causing an appropriate guarantor (“New Guarantor”) to become a guarantor of any non-recourse carveouts and environmental indemnitees of the Existing Loan in place and stead of the principals of Seller from and after the Closing Date. If the Assumption Documents require that Buyer or New Guarantor give representations or warranties to Existing Lender with respect to matters affecting the Property prior to Closing, Seller and such principals of Seller currently liable therefor shall indemnify, defend and hold harmless Buyer and New Guarantor from all claims from Existing Lender and all damages, costs and expenses owed to Existing Lender as a result of a breach thereof, provided that the representations and warranties so made are limited to reasonable matters affecting the Property prior to Closing. Except as expressly provided in this Section 4.4, Buyer, and not Seller, shall be responsible for all costs, fees and expenses incurred or payable as a result of the Assumption Costs and complying with the requirements of the Existing Loan for an assumption, and Buyer hereby agrees to indemnify, defend and hold harmless Seller from all of said costs, fees and expenses. Buyer’s foregoing indemnity regarding the Assumption Costs shall survive Closing and any termination of this Contract. The liens, assignments and security interests of the Existing Loan shall each be Permitted Exceptions (as shall be the Assumption Document to be executed at Closing).

  • of the Loan Agreement Section 14.1.1(c)(iii) of the Loan Agreement is hereby amended and restated in its entirety to read as follows:

  • Existing Credit Agreement On the date of this Agreement, the Existing Credit Agreement shall be amended and restated in its entirety by this Agreement, and the Existing Credit Agreement shall be replaced hereby; provided that the Borrower, the Administrative Agent and the Lenders agree that on the date of the initial funding of Loans hereunder, the loans and other Indebtedness of the Borrower under the Existing Credit Agreement shall be renewed, rearranged, modified and extended with the proceeds of the initial funding and the “Commitments” of the lenders under the Existing Credit Agreement shall be superseded by this Agreement and terminated. This Agreement is not in any way intended to constitute a novation of the obligations and liabilities existing under the Existing Credit Agreement or evidence payment of all or any portion of such obligations and liabilities. The terms and conditions of this Agreement and the Administrative Agent’s, the Lenders’ and the Issuing Banks’ rights and remedies under this Agreement and the other Loan Documents shall apply to all of the Indebtedness incurred under the Existing Credit Agreement and in respect of the Existing Letters of Credit. The undersigned hereby waive (i) any right to receive any notice of such termination, (ii) any right to receive any notice of prepayment of amounts owed under the Existing Credit Agreement, and (iii) any right to receive compensation under Section 5.02 of the Existing Credit Agreement in respect of Eurodollar Loans outstanding under the Existing Credit Agreement resulting from such rearrangement. Each Lender that was a party to the Existing Credit Agreement hereby agrees to return to the Borrower, with reasonable promptness, any promissory note delivered by the Borrower to such Lender in connection with the Existing Credit Agreement.

  • Credit Agreement; Loan Documents This Agreement or counterparts hereof shall have been duly executed by, and delivered to, Borrowers, each other Credit Party, Agent and Lenders; and Agent shall have received such documents, instruments, agreements and legal opinions as Agent shall reasonably request in connection with the transactions contemplated by this Agreement and the other Loan Documents, including all those listed in the Closing Checklist attached hereto as Annex D, each in form and substance reasonably satisfactory to Agent.

  • Amendment of Loan Agreement The Loan Agreement is hereby modified and amended as follows:

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