Indenture and Loan Agreement Sample Clauses

Indenture and Loan Agreement. In order to secure the payment of The principal of and premium, if any, and interest on the Bonds, a member of the Legislative Authority shall execute, acknowledge and deliver, as may be appropriate, in the name and on behalf of the Issuer, the Indenture and the Loan Agreement, in substantially the forms submitted to the Issuer, which instruments are hereby approved in all respects with such changes therein not inconsistent with this Bond Legislation and not substantially adverse to the Issuer as may be permitted by law and approved by the officer executing the same, The approval of such changes by such officer and that such are not substantially adverse to the Issuer, shall be conclusively evidenced by the execution of the Indenture and the Loan Agreement, respectively, by such officer, The Clerk of the Legislative Authority is hereby directed to insert copies thereof in the record of proceedings of the Issuer with the minutes of this meeting and to certify thereon that the same is in the form so submitted to the Issuer and approved by this Bond Legislation and identified herein as the Indenture and the Loan Agreement. The Indenture contains provisions authorized and permitted by Chapter 165 of the Ohio Revised Code, and this Bond Legislation shall constitute a part thereof as therein provided and for all purposes of the Indenture, including the provisions thereof relating to supplemental indentures and to the severability of provisions of the Indenture,
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Indenture and Loan Agreement. The occurrence of an Event of Default under the Series 1991 Indenture, the Series 1993 Indenture, the Series 1991 Loan Agreement or the Series 1993 Loan Agreement other than an Event of Default resulting from a wrongful dishonor by the Issuing Bank under any Bond Letter of Credit. 176
Sample 1
Indenture and Loan Agreement. New York shall have obtained (i) an amendment or permanent waiver to the Loan Agreement and (ii) either (A) the required consent under the New York Indenture or (B) put into place arrangements with one or more commercial banks or debt financing sources to provide financing for the payment of the principal and any premium payable to the holders of outstanding notes upon a “Change of Control” pursuant to the New York Indenture, in the case of (i) or (ii)(A) providing that the Transactions and any transaction contemplated by this Agreement shall not, either individually or in the aggregate, constitute a “Change of Control” as defined in the Loan Agreement or the New York Indenture, as the case may be. 116
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Indenture and Loan Agreement. Etc. Executed copies of the Indenture and the Loan Agreement and each other Related Document, and such other documents or instruments delivered by the Issuer, the Trustee or the Obligor in connection with the issuance of the Bonds as the Bank may request.
Sample 1
Indenture and Loan Agreement. The Indenture has been duly authorized, executed and delivered by the Issuer and the Guarantor and has been duly qualified under the Trust Indenture Act; when the Offered Securities are delivered and paid for pursuant to this Agreement on each Closing Date, the Indenture will have been duly executed and delivered; assuming due authorization, execution and delivery by the Trustee, the Indenture will constitute a legal, valid and binding instrument of each of the Issuer and the Guarantor enforceable against each of the Issuer and the Guarantor in accordance with its terms (subject, as to the enforcement of remedies, to applicable bankruptcy, insolvency, reorganization, fraudulent conveyance or transfer, moratorium or other similar laws affecting creditors’ rights generally from time to time in effect and to general principles of equity regardless of whether enforcement is considered in a proceeding in equity or at law); the Loan Agreement has been duly authorized, executed and delivered by the Issuer and the Guarantor and constitutes a legal, valid and binding instrument of each of the Issuer and the Guarantor enforceable against each of the Issuer and the Guarantor in accordance with its terms (subject, as to the enforcement of remedies, to applicable bankruptcy, insolvency, reorganization, fraudulent conveyance or transfer, moratorium or other similar laws affecting creditors’ rights generally from time to time in effect and to general principles of equity regardless of whether enforcement is considered in a proceeding in equity or at law).
Sample 1

Related to Indenture and Loan Agreement

  • INDENTURE AND SECURITY DOCUMENTS The Issuer issued the Notes under an Indenture dated as of April 24, 2017 (the “Indenture”), between the Issuer, the Trustee and the Collateral Trustee. Capitalized terms used herein are used as defined in the Indenture, unless otherwise indicated. The terms of the Notes include those stated in the Indenture. The Notes are subject to all terms and provisions of the Indenture, and the holders (as defined in the Indenture) are referred to the Indenture for a statement of such terms and provisions. If and to the extent that any provision of the Notes limits, qualifies or conflicts with a provision of the Indenture, such provision of the Indenture shall control. The Notes are senior secured obligations of the Issuer. The Initial Notes, the PIK Notes and any Additional Notes are treated as a single class of securities under the Indenture except as otherwise set forth therein. The Indenture imposes certain limitations on the ability of the Issuer and its Subsidiaries to, among other things, make certain Investments and other Restricted Payments, pay dividends and other distributions, Incur Indebtedness, enter into consensual restrictions upon the payment of certain dividends and distributions by such Subsidiaries, issue or sell shares of capital stock of the Issuer and such Subsidiaries, enter into or permit certain transactions with Affiliates, create or Incur Liens and make Asset Sales. The Indenture also imposes limitations on the ability of the Issuer to consolidate or merge with or into any other Person or convey, transfer or lease all or substantially all of its property. The Notes are secured by Note Liens on the Collateral pursuant to the Security Documents. The rights of the holders in the Collateral are subject to the terms of the Collateral Trust Agreement.

  • Credit Agreement and Loan Documents The Administrative Agent (or its counsel) shall have received (i) from each party hereto either (A) a counterpart of this Agreement signed on behalf of such party or (B) written evidence satisfactory to the Administrative Agent (which may include fax or other electronic transmission of a signed signature page of this Agreement) that such party has signed a counterpart of this Agreement, (ii) duly executed copies of the Loan Documents and such other certificates, documents, instruments and agreements as the Administrative Agent shall reasonably request in connection with the transactions contemplated by this Agreement and the other Loan Documents, including any promissory notes requested by a Lender pursuant to Section 2.10 payable to the order of each such requesting Lender, and (iii) written opinions of the counsel to the Loan Parties, addressed to the Administrative Agent, the Issuing Bank and the Lenders and including the opinions set forth in Exhibit C.

  • The Note, Mortgage and Loan Documents The Loan shall be evidenced by the Note and secured by the Mortgage, the Assignment of Leases and the other Loan Documents.

  • Successors and Assigns; Assignment of Servicing Agreement This Agreement shall bind and inure to the benefit of and be enforceable by the Servicer, the Seller, the NIMS Insurer and the Master Servicer and their respective successors and assigns. This Agreement shall not be assigned, pledged or hypothecated by the Servicer to a third party except in accordance with Section 7.03 and shall not be assigned, pledged or hypothecated by the Seller without the prior written consent of the NIMS Insurer except as to the extent provided in Section 9.12.

  • Indenture and Securities The Indenture shall have been duly executed and delivered by a duly authorized officer of the Company and the Trustee, and the Securities shall have been duly executed and delivered by a duly authorized officer of the Company and duly authenticated by the Trustee.

  • Indenture and Notes Solely Corporate Obligations No recourse for the payment of the principal of or accrued and unpaid interest on any Note, nor for any claim based thereon or otherwise in respect thereof, and no recourse under or upon any obligation, covenant or agreement of the Company in this Indenture or in any supplemental indenture or in any Note, nor because of the creation of any indebtedness represented thereby, shall be had against any incorporator, stockholder, employee, agent, Officer or director or Subsidiary, as such, past, present or future, of the Company or of any successor corporation, either directly or through the Company or any successor corporation, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that all such liability is hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of the Notes.

  • Successors and Assigns of Issuer Bound by Indenture All the covenants, stipulations, promises and agreements in this Indenture contained by or in behalf of the Issuer shall bind its successors and assigns, whether so expressed or not.

  • Indenture and Guarantees The Company has issued the Securities under an Indenture dated as of [ ], [ ] (the "Indenture") between the Company, the Trustee and the Collateral Agent. This Security is one of an issue of 15.5% First Mortgage Notes Due 2006 of the Company issued, or to be issued, under the Indenture. The terms of the Securities include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S. Code xx.xx. 77aaa-77bbbb), as amended from time to time ("TIA"). The Securities are subject to all such terms, and Holders are referred to the Indenture and the TIA for a statement of them. Capitalized and certain other terms used herein and not otherwise defined have the meanings set forth in the Indenture. The Securities are [secured] obligations of the Company limited in aggregate principal amount to $[ ]. Payment on each Security is guaranteed on a senior [secured] basis by the Guarantors pursuant to Article Ten of the Indenture. The Indenture limits, among other things, the incur- rence of Indebtedness by the Company and its Subsidiaries; the creation of Liens by the Company and its Subsidiaries; purchases, redemptions, and other acquisitions or retirements of Capital Stock of the Company and its Subsidiaries; transactions by the Company and its Subsidiaries with their respective Affiliates; and the ability of the Company or any of its Subsidiaries to merge with or into another entity. The limitations are subject to a number of important qualifications and exceptions. The Company must report to the Trustee annually on compliance with the limitations contained in the Indenture.

  • Indenture and Securities Solely Corporate Obligations No recourse for the payment of the principal of or premium, if any, or interest on any Security, or for any claim based thereon or otherwise in respect thereof, and no recourse under or upon any obligation, covenant or agreement of the Company in this Indenture or in any supplemental indenture or in any Security, or because of the creation of any indebtedness represented thereby, shall be had against any incorporator, stockholder, employee, agent, officer, or director or subsidiary, as such, past, present or future, of the Company or of any successor corporation, either directly or through the Company or any successor corporation, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that all such liability is hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of the Securities.

  • Successors and Assigns; Assignment of Agreement This Agreement shall bind and inure to the benefit of and be enforceable by the Primary Servicer and the Master Servicer and the respective successors and assigns of the Primary Servicer and the Master Servicer. This Agreement shall not be assigned, pledged or hypothecated by the Primary Servicer to a third party except as otherwise specifically provided for herein. If the Master Servicer shall for any reason no longer act in such capacity under the Pooling and Servicing Agreement (including, by reason of Servicer Termination Event), any successor to the Master Servicer under Pooling and Servicing Agreement (including the Trustee if the Trustee has become such successor pursuant to Section 7.02 of the Pooling and Servicing Agreement) may thereupon assume all of the rights and, except to the extent they arose prior to the date of assumption, obligations of the Master Servicer under this Agreement.

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