Illegality; Impracticability. In the event that Bank shall determine, which determination shall be final, conclusive and binding, that the making, maintaining or continuance of any portion of a LIBOR Advance (i) has become unlawful as a result of compliance by Bank with any law, treaty, governmental rule, regulation, guideline or order (or would conflict with any of the same not having the force of law even though the failure to comply therewith would not be unlawful) or (ii) has become impracticable, or would cause Bank material hardship, as a result of contingencies occurring after the date of this Note materially and adversely affect the London interbank market or Bank's ability to make LIBOR Advances generally, then, and in any such event, Bank shall give notice (by telephone confirmed in writing (which may be delivered by electronic means)) to Borrower of such determination. Thereafter, (x) the obligation of Bank to make any LIBOR Advances or to convert any portion of the loan to a LIBOR Advance shall be suspended until such notice shall be withdrawn by Bank, and (y) any request by Borrower for a LIBOR Advance shall be deemed to be a request for an advance at the Standard Rate. APPLIED OPTOELECTRONICS, INC. Name of Corporation WITNESS: By: Print Name: Name: Xxxxxx Xxxxx Title: Chief Financial officer By: Print Name: Name: Xxxxx Xxx Title: Vice President, General Counsel and Secretary EXHIBIT D Resolutions (See attached.) SECRETARY’S CERTIFICATE OF BOARD OF DIRECTORS RESOLUTIONS I, Xxxxx Xxx, DO HEREBY CERTIFY, that I am the Vice President, General Counsel and Secretary of APPLIED OPTOELECTRONICS, INC. (the “Corporation”), a corporation duly organized and existing under the laws of the State of Delaware, and am keeper of the records and seal thereof; that the following is a true, correct and complete copy of the resolutions duly adopted by the unanimous consent of all members of the Board of Directors of said Corporation effective as of March 30, 2018; and that said resolutions are still in full force and effect:
Appears in 1 contract
Samples: Loan Agreement
Illegality; Impracticability. In the event that Bank shall determine, which determination shall be final, conclusive and binding, that the making, maintaining or continuance of any portion of a LIBOR Advance (i) has become unlawful as a result of compliance by Bank with any law, treaty, governmental rule, regulation, guideline or order (or would conflict with any of the same not having the force of law even though the failure to comply therewith would not be unlawful) or (ii) has become impracticable, or would cause Bank material hardship, as a result of contingencies occurring after the date of this Note materially and adversely affect the London interbank market or Bank's ’s ability to make LIBOR Advances generally, then, and in any such event, Bank shall give notice (by telephone confirmed in writing (which may be delivered or by electronic means)telecopy) to Borrower of such determination. Thereafter, (x) the obligation of Bank to make any LIBOR Advances or to convert any portion of the loan to a LIBOR Advance shall be suspended until such notice shall be withdrawn by Bank, Bank and (y) any request by Borrower for a LIBOR Advance shall be deemed to be a request for an advance at the Standard Rate. APPLIED OPTOELECTRONICS, INCThis Addendum shall operate as a sealed instrument. Name of Corporation Exhibit 10(a) If Borrower Is a Corporation: WITNESS: By: Print Name: Name: Xxxxxx Xxxxx Title: Chief Financial officer By: Print Name: Name: Xxxxx Xxx Title: Vice President, General Counsel and Secretary EXHIBIT D Resolutions (See attached.) SECRETARY’S CERTIFICATE OF BOARD OF DIRECTORS RESOLUTIONS I, Xxxxx Xxx, DO HEREBY CERTIFY, that I am the Vice President, General Counsel and Secretary of APPLIED OPTOELECTRONICSDELTA NATURAL GAS COMPANY, INC. (the “Name of Corporation”) /s/W. Xxxxxx Xxxxxx By:/s/ Xxxxx X. Xxxxxxxx (SEAL) W. Xxxxxx Xxxxxx Xxxxx X. Xxxxxxxx (Print Name) (Print Name) Title: President _______________________________________ By: ______________________________ (SEAL) (Print Name) ______________________________________ Title: __________________________________ (Print Name) If Borrower is a Partnership, Limited Liability Company, Limited Liability Partnership, Or Limited Liability Limited Partnership ______________________________________________ Name of Partnership, LLC, LLP, or LLLP WITNESS: _____________________________________________ By: _______________________________________ (SEAL) ______________________________________________ ________________________________________________ (Print Name) (Print Name) Title: ___________________________________________ ______________________________________________ By: _______________________________________ (SEAL) ______________________________________________ ________________________________________________ (Print Name) (Print Name) Title: __________________________________________ ______________________________________________ By: ______________________________________ (SEAL) _______________________________________________ ________________________________________________ (Print Name) (Print Name) Title: ___________________________________________ If Borrower is an Individual: WITNESS: ______________________________________________ __________________________________________ (SEAL) _____________________________________________ (Print Name) Additional Co-makers: WITNESS: _______________________________________________ ___________________________________________ (SEAL) ______________________________________________ (Print Name) ______________________________________________ ____________________________________________ (SEAL) ______________________________________________ (Print Name) Exhibit 10(a) 0000000000 Account Number SEVENTH AMENDMENT TO LOAN AGREEMENT THIS SEVENTH AMENDMENT TO LOAN AGREEMENT ("Sixth Amendment") is made this 30th day of June, 2013, by and among Delta Natural Gas Company, Inc., a Kentucky Corporation ("Borrower") and BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation ("Bank"), having a corporation duly organized branch office in Lexington, Kentucky. This Seventh Amendment amends and existing under supplements that Loan Agreement dated October 31, 2002 (as amended, the laws of "Loan Agreement"), among the State of DelawareBorrower and the Bank, and am keeper of unless otherwise defined in this Seventh Amendment, capitalized terms shall have the records definitions given them in the Loan Agreement. The Loan Agreement has been previously amended and seal thereof; such amendments include, but are not limited to, that the following is a truecertain Modification Agreement by and between Borrower and Bank, correct dated on or about (i) October 31, 2003, (ii) October 31, 2004, and complete copy of the resolutions duly adopted by the unanimous consent of all members of the Board of Directors of said Corporation effective as of March (iii) August 12, 2005, and (iv) October 31, 2007, (v) June 30, 20182009; and that said resolutions are still in full force and effect:(vi) June 30, 2011.
Appears in 1 contract
Samples: Note Modification Agreement (Delta Natural Gas Co Inc)
Illegality; Impracticability. In the event that Bank shall determine, which determination shall be final, conclusive and binding, that the making, maintaining or continuance of any portion of a LIBOR Advance (i) has become unlawful as a result of compliance by Bank with any law, treaty, governmental rule, regulation, guideline or order (or would conflict with any of the same not having the force of law even though the failure to comply therewith would not be unlawful) or (ii) has become impracticable, or would cause Bank material hardship, as a result of contingencies occurring after the date of this Note materially and adversely affect the London interbank market or Bank's ability to make LIBOR Advances generally, then, and in any such event, Bank shall give notice (by telephone confirmed in writing (which may be delivered by electronic means)) to Borrower of such determination. Thereafter, (x) the obligation of Bank to make any LIBOR Advances or to convert any portion of the loan to a LIBOR Advance shall be suspended until such notice shall be withdrawn by Bank, and (y) any request by Borrower for a LIBOR Advance shall be deemed to be a request for an advance at the Standard Rate. APPLIED OPTOELECTRONICS, INC. Name of Corporation WITNESS: By: Print Name: Name: Xxxxxx Xxxxx Title: Chief Financial officer By: Print Name: Name: Xxxxx Xxx Title: Vice President, General Counsel and Secretary EXHIBIT D Resolutions B Term Note (See attached.) SECRETARY’S CERTIFICATE OF BOARD OF DIRECTORS RESOLUTIONS IBorrower: Applied Optoelectronics, Inc. Note Number: 00003 Account Number 9700029240 BB&T ADDRESS: 0000 Xxxx Xxxxxx Blvd Sugar Land , Texas Xxxxx Xxxx, Xxxxx Xxx00000 PROMISSORY NOTE Date: March 30, DO HEREBY CERTIFY, that I am the Vice President, General Counsel and Secretary of 2018 APPLIED OPTOELECTRONICS, INC. (whether one or more, the “CorporationBorrower”) HEREBY REPRESENTS THAT THE LOAN EVIDENCED BY THIS PROMISSORY NOTE (“Note”) IS BEING OBTAINED FOR BUSINESS/COMMERCIAL OR AGRICULTURAL PURPOSES AND NOT FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES. For value received, Borrower, jointly and severally if more than one, promises to pay to BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation (including its successors and assigns, hereinafter referred to as “Bank”), a corporation duly organized or order, at any of Bank’s offices in the above referenced city (or such other place or places that may be hereafter designated by Bank), the sum of Twenty-Six Million and existing under the laws no/100 Dollars ($26,000,000.00), or such lesser amount outstanding at maturity, in immediately available currency of the State United States of DelawareAmerica. ☐ Borrower shall pay a prepayment fee as set forth in the Prepayment Fee Addendum attached to this Note. Interest shall accrue from the date hereof on the unpaid balance outstanding from time to time at the: ☐ Fixed rate of ____% per annum. ☐ Variable rate of the Bank's Prime Rate plus ____% per annum to be adjusted ____ as the Bank's Prime Rate changes. If checked here ☐, the interest rate will not exceed a(n) ☐ fixed ☐average maximum rate of ___% or a ☐ floating maximum rate of the greater of ___% or the Bank's Prime Rate; and the interest rate will not decrease below a fixed minimum rate of ___%. If an average maximum rate is specified, a determination of any required reimbursement of interest by Bank will be made: ☐ when the Promissory Note is repaid in full by Borrower ☐ annually beginning on ____. ☐ Fixed rate of ____% per annum through ____ which automatically converts on ____ to a variable rate equal to Bank’s Prime Rate plus ____% per annum which shall be adjusted ____ as such Prime Rate changes. ☒ The Adjusted LIBOR Rate as more specifically described in the Addendum to Note attached hereto and incorporated herein. Principal and interest are payable as follows: ☐ Principal (plus any accrued interest not otherwise scheduled herein) is due in full at maturity on __________. ☒ Payable in consecutive monthly installments of ☐ Principal ☒ Principal and Interest commencing on May 1, 2018, and am keeper continued on the same day of each calendar period thereafter, in seventy-one (71) equal principal payments of $179,166.67, together with accrued interest, with one final payment of all remaining principal and accrued interest due on April 1, 2024. ☒ Accrued interest is payable ____ commencing on ____, and continuing on the same day of each calendar period thereafter, with one final payment of all remaining interest due on _____________.. ☒ Bank reserves the right in its sole discretion to adjust the fixed payment due hereunder monthly on the first day of the records calendar month and seal thereof; continuing on the same day of each calendar period thereafter, in order to maintain an amortization period of no more than one hundred twenty (120) months from the date of this Note. Borrower understands the payment may increase if interest rates increase. ☐ This Note evidences a revolving line of credit and advances under this Note, as well as directions for payment from Borrower’s accounts, may be requested orally or in writing by Borrower. Bank may, but need not, require that all oral requests be confirmed in writing. Borrower agrees to be liable for all sums either (i) advanced in accordance with the following is a trueinstructions of an authorized person or (ii) credited to any of Borrower’s accounts maintained with Bank. Prior to an Event of Default (as defined in the Loan Agreement, correct as hereinafter defined), Borrower may borrow, repay, and complete copy reborrow pursuant to the terms of the resolutions duly adopted Loan Agreement, if any, as hereinafter defined. ☒ Borrower hereby authorizes Bank to automatically draft from its demand deposit or savings account(s) maintained with Bank or another bank, any payment(s), including late fees and other fees and charges due under this Note on the date(s) due. Borrower shall provide appropriate account number(s) for account(s) at Bank or another bank. ☐ ____. Borrower shall pay to Bank, or order, a late fee in the amount of five percent (5.0%) of any installment past due for ten (10) or more days after written notice is received by Borrower regarding same. When any installment payment is past due for ten (10) or more days, subsequent payments shall first be applied to the unanimous consent past due balance. In addition, Borrower shall pay to Bank a returned payment fee (currently $25.00) if Borrower or any other obligor hereon makes any payment at any time by check or other instrument, or by any electronic means, which is returned to Bank because of nonpayment due to nonsufficient funds. Bank shall not be obligated to accept any check, money order, or other payment instrument marked “payment in full” on any disputed amount due hereunder, and Bank expressly reserves the right to reject all members such payment instruments. Borrower agrees that tender of its check or other payment instrument so marked will not satisfy or discharge its obligation under this Note, disputed or otherwise, even if such check or payment instrument is inadvertently processed by Bank unless such payment is in fact sufficient to pay the Board amount due hereunder. All interest shall be computed and charged for the actual number of Directors days elapsed on the basis of said Corporation effective a year consisting of three hundred sixty (360) days. In the event periodic accruals of interest shall exceed any periodic fixed payment amount described above, the fixed payment amount shall be immediately increased, or additional supplemental interest payments required on the same periodic basis as specified above (increased fixed payments or supplemental payments to be determined in Bank’s sole discretion), in such amounts and at such times as shall be necessary to pay all accruals of March 30interest for the period and all accruals of unpaid interest from previous periods. Such adjustments to the fixed payment amount or supplemental payments shall remain in effect for so long as any interest accruals shall exceed the original fixed payment amount and shall be further adjusted upward or downward to reflect changes in any variable interest rate based on an index such as Bank’s Prime Rate or the One Month LIBOR; provided that unless elected otherwise above, 2018; and that said resolutions are still the fixed payment amount shall not be reduced below the original fixed payment amount. However, Bank shall have the right, in full force and effect:its sole discretion, to lower the fixed payment amount below the original payment amount.
Appears in 1 contract
Illegality; Impracticability. In the event that Bank shall determine, which determination shall be final, conclusive and binding, that the making, maintaining or continuance of any portion of a LIBOR Advance (i) has become unlawful as a result of compliance by Bank with any law, treaty, governmental rule, regulation, guideline or order (or would conflict with any of the same not having the force of law even though the failure to comply therewith would not be unlawful) or (ii) has become impracticable, or would cause Bank material hardship, as a result of contingencies occurring after the date of this Note materially and adversely affect the London interbank market or Bank's ability to make LIBOR Advances generally, then, and in any such event, Bank shall give notice (by telephone confirmed in writing (which may be delivered or by electronic means)telecopy) to Borrower of such determination. Thereafter, (x) the obligation of Bank to make any LIBOR Advances or to convert any portion of the loan to a LIBOR Advance shall be suspended until such notice shall be withdrawn by Bank, and (y) any request by Borrower for a LIBOR Advance shall be deemed to be a request for an advance at the Standard Rate. APPLIED OPTOELECTRONICS, INC. If Borrower is a Corporation: ----------------------------------------------------- ----------------------------------------------------- WITNESS: Name of Corporation By: (SEAL) --------------------------------------------------------- ----------------------------------------------------- --------------------------------------------------------- ----------------------------------------------------- Name: ----------------------------------------------------- ----------------------------------------------------- Title: ----------------------------------------------------- ----------------------------------------------------- By: (SEAL) --------------------------------------------------------- --------------------------------------------------------- ----------------------------------------------------- Name: ----------------------------------------------------- Title: ----------------------------------------------------- If Borrower is a Partnership, Limited Liability Company, Limited Liability Partnership or Limited Liability Limited Partnership: UCI PROPERTIES, LLC ----------------------------------------------------- ----------------------------------------------------- WITNESS: Name of Partnership, LLC, LLP or LLLP /s/ Brian c. Bonner By: Print Name: Name: Xxxxxx Xxxxx Title: Chief Financial officer By: Print Name: Name: Xxxxx Xxx Title: Vice President, General Counsel and Secretary EXHIBIT D Resolutions /s/ D. Michael Stout (See attached.XEAL) SECRETARY’S CERTIFICATE OF BOARD OF DIRECTORS RESOLUTIONS I, Xxxxx Xxx, DO HEREBY CERTIFY, that I am the Vice President, General Counsel and Secretary of APPLIED OPTOELECTRONICS, INC. (the “Corporation”), a corporation duly organized and existing under the laws of the State of Delaware, and am keeper of the records and seal thereof; that the following is a true, correct and complete copy of the resolutions duly adopted by the unanimous consent of all members of the Board of Directors of said Corporation effective as of March 30, 2018; and that said resolutions are still in full force and effect:--------------------------------------------------------- ----------------------------------------------------- --------------------------------------------------------- -----------------------------------------------------
Appears in 1 contract
Samples: Uci Medical Affiliates Inc
Illegality; Impracticability. In the event that Bank shall determine, which determination shall be final, conclusive and binding, that the making, maintaining or continuance of any portion of a LIBOR Advance (i) has become unlawful as a result of compliance by Bank with any law, treaty, governmental rule, regulation, guideline or order (or would conflict with any of the same not having the force of law even though the failure to comply therewith would not be unlawful) or (ii) has become impracticable, or would cause Bank material hardship, as a result of contingencies occurring after the date of this Note materially and adversely affect the London interbank market or Bank's ability to make LIBOR Advances generally, then, and in any such event, Bank shall give notice (by telephone confirmed in writing (which may be delivered by electronic means)) to Borrower of such determination. Thereafter, (x) the obligation of Bank to make any LIBOR Advances or to convert any portion of the loan to a LIBOR Advance shall be suspended until such notice shall be withdrawn by Bank, and (y) any request by Borrower for a LIBOR Advance shall be deemed to be a request for an advance at the Standard Rate. APPLIED OPTOELECTRONICS, INC. Name of Corporation WITNESS: By: Print Name: Name: Xxxxxx Xxxxx Title: Chief Financial officer By: Print Name: Name: Xxxxx Xxx Title: Vice President, General Counsel and Secretary EXHIBIT D Resolutions C CapEx Note (See attached.) SECRETARY’S CERTIFICATE OF BOARD OF DIRECTORS RESOLUTIONS IBorrower: Applied Optoelectronics, Inc. Note Number: 00005 Account Number 9700029240 BB&T ADDRESS: 0000 Xxxx Xxxxxx Blvd Sugar Land , Texas Xxxxx Xxxx, Xxxxx Xxx00000 PROMISSORY NOTE Date: March 30, DO HEREBY CERTIFY, that I am the Vice President, General Counsel and Secretary of 2018 APPLIED OPTOELECTRONICS, INC. (whether one or more, the “CorporationBorrower”) HEREBY REPRESENTS THAT THE LOAN EVIDENCED BY THIS PROMISSORY NOTE (“Note”) IS BEING OBTAINED FOR BUSINESS/COMMERCIAL OR AGRICULTURAL PURPOSES AND NOT FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES. For value received, Borrower, jointly and severally if more than one, promises to pay to BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation (including its successors and assigns, hereinafter referred to as “Bank”), a corporation duly organized or order, at any of Bank’s offices in the above referenced city (or such other place or places that may be hereafter designated by Bank), the sum of Twenty-Six Million and existing under the laws no/100 Dollars ($26,000,000.00), or such lesser amount outstanding at maturity, in immediately available currency of the State United States of DelawareAmerica. ☐ Borrower shall pay a prepayment fee as set forth in the Prepayment Fee Addendum attached to this Note. Interest shall accrue from the date hereof on the unpaid balance outstanding from time to time at the: ☐ Fixed rate of ____% per annum. ☐ Variable rate of the Bank's Prime Rate plus ____% per annum to be adjusted ____ as the Bank's Prime Rate changes. If checked here ☐, the interest rate will not exceed a(n) ☐ fixed ☐average maximum rate of ___% or a ☐ floating maximum rate of the greater of ___% or the Bank's Prime Rate; and the interest rate will not decrease below a fixed minimum rate of ___%. If an average maximum rate is specified, a determination of any required reimbursement of interest by Bank will be made: ☐ when the Promissory Note is repaid in full by Borrower ☐ annually beginning on ____. ☐ Fixed rate of ____% per annum throught ____ which automatically converts on ____ to a variable rate equal to Bank’s Prime Rate plus ____% per annum which shall be adjusted ____ as such Prime Rate changes. ☒ The Adjusted LIBOR Rate as more specifically described in the Addendum to Note attached hereto and incorporated herein. Principal and interest are payable as follows: ☐ Principal (plus any accrued interest not otherwise scheduled herein) is due in full at maturity on __________. ☒ Payable in consecutive monthly installments of ☐ Principal ☒ Principal and Interest commencing on the one-month anniversary of such CapEx Loan Advance, and am keeper continued on the same day of each calendar period thereafter, in fifty-nin (59) equal payments, each in an amount equal to 1/59th of the records aggregate amount of such CapEx Loan Advance, with one final payment of all remaining principal and seal thereof; accrued interest due on the fifth (5th) anniversary of such CapEx Loan Advance. ☒ Accrued interest is payable ____ commencing on ____, and continuing on the same day of each calendar period thereafter, with one final payment of all remaining interest due on _____________.. ☒ Bank reserves the right in its sole discretion to adjust the fixed payment due hereunder with respect to such CapEx Loan Advance monthly on the one-month anniversary of such CapEx Loan Advance and continuing on the same day of each calendar period thereafter, in order to maintain an amortization period of no more than sixty (60) months from the date of this Note. Borrower understands the payment may increase if interest rates increase. ☐ This Note evidences a revolving line of credit and advances under this Note, as well as directions for payment from Borrower’s accounts, may be requested orally or in writing by Borrower. Bank may, but need not, require that all oral requests be confirmed in writing. Borrower agrees to be liable for all sums either (i) advanced in accordance with the following is a trueinstructions of an authorized person or (ii) credited to any of Borrower’s accounts maintained with Bank. Prior to an Event of Default (as defined in the Loan Agreement, correct as hereinafter defined), Borrower may borrow, repay, and complete copy reborrow pursuant to the terms of the resolutions duly adopted Loan Agreement, if any, as hereinafter defined. ☒ Borrower hereby authorizes Bank to automatically draft from its demand deposit or savings account(s) maintained with Bank or another bank, any payment(s), including late fees and other fees and charges due under this Note on the date(s) due. Borrower shall provide appropriate account number(s) for account(s) at Bank or another bank. ☐ ____. Borrower shall pay to Bank, or order, a late fee in the amount of five percent (5.0%) of any installment past due for ten (10) or more days after written notice is received by Borrower regarding same. When any installment payment is past due for ten (10) or more days, subsequent payments shall first be applied to the unanimous consent past due balance. In addition, Borrower shall pay to Bank a returned payment fee (currently $25.00) if Borrower or any other obligor hereon makes any payment at any time by check or other instrument, or by any electronic means, which is returned to Bank because of nonpayment due to nonsufficient funds. Bank shall not be obligated to accept any check, money order, or other payment instrument marked “payment in full” on any disputed amount due hereunder, and Bank expressly reserves the right to reject all members such payment instruments. Borrower agrees that tender of its check or other payment instrument so marked will not satisfy or discharge its obligation under this Note, disputed or otherwise, even if such check or payment instrument is inadvertently processed by Bank unless such payment is in fact sufficient to pay the Board amount due hereunder. All interest shall be computed and charged for the actual number of Directors days elapsed on the basis of said Corporation effective a year consisting of three hundred sixty (360) days. In the event periodic accruals of interest shall exceed any periodic fixed payment amount described above, the fixed payment amount shall be immediately increased, or additional supplemental interest payments required on the same periodic basis as specified above (increased fixed payments or supplemental payments to be determined in Bank’s sole discretion), in such amounts and at such times as shall be necessary to pay all accruals of March 30interest for the period and all accruals of unpaid interest from previous periods. Such adjustments to the fixed payment amount or supplemental payments shall remain in effect for so long as any interest accruals shall exceed the original fixed payment amount and shall be further adjusted upward or downward to reflect changes in any variable interest rate based on an index such as Bank’s Prime Rate or the One Month LIBOR; provided that unless elected otherwise above, 2018; and that said resolutions are still the fixed payment amount shall not be reduced below the original fixed payment amount. However, Bank shall have the right, in full force and effect:its sole discretion, to lower the fixed payment amount below the original payment amount.
Appears in 1 contract
Illegality; Impracticability. In the event that Bank shall determine, which determination shall be final, conclusive and binding, that the making, maintaining or continuance of any portion of a LIBOR Advance (i) has become unlawful as a result of compliance by Bank with any law, treaty, governmental rule, regulation, guideline or order (or would conflict with any of the same not having the force of law even though the failure to comply therewith would not be unlawful) or (ii) has become impracticable, or would cause Bank material hardship, as a result of contingencies occurring after the date of this Note materially and adversely affect the London interbank market or Bank's ’s ability to make LIBOR Advances generally, then, and in any such event, Bank shall give notice (by telephone confirmed in writing (which may be delivered or by electronic means)telecopy) to Borrower of such determination. Thereafter, (x) the obligation of Bank to make any LIBOR Advances or to convert any portion of the loan to a LIBOR Advance shall be suspended until such notice shall be withdrawn by Bank, Bank and (y) any request by Borrower for a LIBOR Advance shall be deemed to be a request for an advance at the Standard Rate. APPLIED OPTOELECTRONICSThis Addendum shall operate as a sealed instrument. Exhibit 10(a) If Borrower Is a Corporation: WITNESS: DELTA NATURAL GAS COMPANY, INC. (Name of Corporation WITNESS: By: Corporation) /s/Xxxx X. Xxxxxxxx By:/s/ Xxxx X. Xxxxx (SEAL) Xxxx X. Xxxxxxxx Xxxx X. Xxxxx (Print Name: ) (Print Name: Xxxxxx Xxxxx ) Title: Chief Financial officer Officer, Treasurer and Secretary ______________________________________ By:/s/ Xxxxx X. Xxxxxxxx (SEAL) Xxxxx X. Xxxxxxxx (Print Name) ______________________________________ Title: President (Print Name) If Borrower is a Partnership, Limited Liability Company, Limited Liability Partnership, Or Limited Liability Limited Partnership ______________________________________________ Name of Partnership, LLC, LLP, or LLLP WITNESS: _____________________________________________ By: _______________________________________ (SEAL) ______________________________________________ ________________________________________________ (Print Name: ) (Print Name: Xxxxx Xxx ) Title: Vice President___________________________________________ ______________________________________________ By: _______________________________________ (SEAL) ______________________________________________ ________________________________________________ (Print Name) (Print Name) Title: __________________________________________ ______________________________________________ By: ______________________________________ (SEAL) _______________________________________________ ________________________________________________ (Print Name) (Print Name) Title: ___________________________________________ If Borrower is an Individual: WITNESS: ______________________________________________ __________________________________________ (SEAL) _____________________________________________ (Print Name) Additional Co-makers: WITNESS: _______________________________________________ ___________________________________________ (SEAL) ______________________________________________ (Print Name) ______________________________________________ ____________________________________________ (SEAL) ______________________________________________ (Print Name) Exhibit 10(a) EIGHTH AMENDMENT TO LOAN AGREEMENT BB&T Account Number: 0000000000 THIS EIGHTH AMENDMENT TO LOAN AGREEMENT (“Amendment”) is effective as of June 30, General Counsel 2015, and Secretary EXHIBIT D Resolutions (See attached.) SECRETARY’S CERTIFICATE OF BOARD OF DIRECTORS RESOLUTIONS I, Xxxxx Xxx, DO HEREBY CERTIFY, that I am the Vice President, General Counsel is by and Secretary of APPLIED OPTOELECTRONICSamong DELTA NATURAL GAS COMPANY, INC. ., a Kentucky corporation (whether one or more, the “CorporationBorrower”), and Branch Banking and Trust Company, a North Carolina banking corporation duly organized (“Bank”), having a branch office in Lexington, Kentucky. This Eighth Amendment amends, modifies and existing under supplements that Loan Agreement dated October 31, 2002, by and between Borrower and Bank (including any amendments or modifications thereof, the laws of “Loan Agreement”). Unless otherwise defined in this Amendment, capitalized terms used herein shall have the State of Delaware, and am keeper of definitions given them in the records and seal thereof; that the following is a true, correct and complete copy of the resolutions duly adopted by the unanimous consent of all members of the Board of Directors of said Corporation effective as of March 30, 2018; and that said resolutions are still in full force and effect:Loan Agreement.
Appears in 1 contract
Samples: Note Modification Agreement (Delta Natural Gas Co Inc)
