Financing Agreement. This Amendment shall constitute a Financing Agreement.
Financing Agreement. THIS AGREEMENT IS SOLELY A FINANCING AGREEMENT. DEBTOR ACKNOWLEDGES THAT THE EQUIPMENT HAS OR WILL HAVE BEEN SELECTED AND ACQUIRED SOLELY BY DEBTOR FOR DEBTOR'S PURPOSES, THAT SECURED PARTY IS NOT AND WILL NOT BE THE VENDOR OF ANY EQUIPMENT AND THAT SECURED PARTY HAS NOT MADE AND WILL NOT MAKE ANY AGREEMENT, REPRESENTATION OR WARRANTY WITH RESPECT TO THE MERCHANTABILITY, CONDITION, QUALIFICATION OR FITNESS FOR A PARTICULAR PURPOSE OR VALUE OF THE EQUIPMENT OR ANY OTHER MATTER WITH RESPECT THERETO IN ANY RESPECT WHATSOEVER.
Financing Agreement. The Financing Agreement as amended by this Amendment remains in full force and effect and remains the valid and binding obligation of Borrower enforceable against Borrower in accordance with its terms. Borrower hereby ratifies and confirms the Financing Agreement as amended by this Amendment.
Financing Agreement. This Consent shall constitute a Financing Agreement.
Financing Agreement. This Tenth Amendment shall constitute a Financing Agreement.
Financing Agreement. This Agreement is one of the Financing Agreements.
Financing Agreement. The Parties agree that the Green Corridor may enter into a financing agreement, pursuant to Section 163.08, Florida Statutes, with property owner(s) within the County who obtain financing through the Green Corridor.
Financing Agreement. This Financing Agreement is executed, among other reasons, to induce the making of the Loan by the Authority to the School District and, to the extent that the Authority may so determine from time to time in accordance with Section 8.10 hereof, to secure the Authority Bonds. Accordingly, those rights of the Authority to enforce the duties, covenants, obligations and agreements of the School District set forth in clause (i) of the first sentence of Section 8.10 hereof, including the right to enforce the payment of amounts due under the School District Bonds, may at any time, in whole or in part, be assigned and pledged by the Authority to the Trustee for the benefit of the owners of the Authority Bonds and thereafter such duties, covenants, obligations and agreements so assigned and pledged shall be for the benefit of and enforceable by the Trustee and the Authority except that beneficial owners of bonds hereafter issued under the Master Resolution shall be third-party beneficiaries of Section 8.9(B) of this Agreement.
Financing Agreement. THIS AGREEMENT IS SOLELY A FINANCING AGREEMENT. BORROWER ACKNOWLEDGES THAT THE EQUIPMENT HAS BEEN OR WILL BE SELECTED AND ACQUIRED SOLELY BY BORROWER AND THAT LENDER HAS NOT AND DOES NOT MAKE ANY WARRANTY WITH RESPECT TO ITS CONDITION, MERCHANTABILITY, SUITABILITY, CAPACITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
Financing Agreement. Borrower Agreement shall mean the Borrower Agreement between the Company and Ex-Im Bank. Borrowing Base shall mean the sum of the Domestic Borrowing Base and the Foreign Borrowing Base less any applicable Availability Reserves; provided, however, (i) the Borrowing Base shall not include the assets of any Company unless CIT has been provided local counsel opinions for such Company covering the matters set forth on Exhibit B, reasonably satisfactory to CIT and its counsel, and (ii) the total amount of Eligible Domestic Inventory and Eligible Foreign Inventory included in the Borrowing Base shall not exceed the Inventory Loan Cap. Business Day shall mean any day on which CIT and XX Xxxxxx Xxxxx Bank are open for business. Capital Expenditures shall mean, for any period, the aggregate expenditures of the Companies during such period on account of, property, plant, equipment or similar fixed assets that in conformity with GAAP, are required to be reflected in the balance sheet of the Companies. Capital Lease shall mean any lease of property (whether real, personal or mixed) which, in conformity with GAAP, is accounted for as a capital lease or a Capital Expenditure in the balance sheet of any Company. Closing Date shall mean the date of the initial loans hereunder. Collateral shall mean all present and future Accounts, Equipment, Inventory, Documents of Title, General Intangibles, Pledged Stock and Other Collateral; provided, that “Collateral” shall not include any property subject to a Permitted Encumbrance set forth on Schedule 6 hereto to the extent any agreement governing such Permitted Encumbrance restricts the imposition of an additional lien on such property, until such time as the consent of the relevant secured party has been obtained, or such restriction no longer applies. Collection Days shall mean one (1) Business Day to provide for the deposit, clearance and collection of checks or other instruments representing the proceeds of Collateral, the amount of which has been credited to the Companies’ Revolving Loan Account, and for which interest may be charged on the aggregate amount of such deposits, at the rate provided for in Paragraph 8.1 of Section 8 of this Financing Agreement.
