Common use of INDEX OF EXHIBITS AND SCHEDULES Clause in Contracts

INDEX OF EXHIBITS AND SCHEDULES. Schedule A: Definitions Schedule B: Lender’s and Credit Parties’ Addresses for Notices Schedule C: Letters of Credit Schedule D: Cash Management System Schedule E: Fees Schedule F: Schedule of Documents Schedule G: Material Contracts Schedule H: Bank Products Schedule I: RBC Lease Facility Schedule J: Post-Closing Undertakings Disclosure Schedule (3.2): [***] Disclosure Schedule (3.6): [***] Disclosure Schedule (3.7): [***] Disclosure Schedule (3.9): [***] Disclosure Schedule (3.11): [***] Disclosure Schedule (3.12): [***] Disclosure Schedule (3.13): [***] Disclosure Schedule (3.15): [***] Disclosure Schedule (3.16): [***] Disclosure Schedule (3.17): [***] Disclosure Schedule (3.18): [***] Disclosure Schedule (5.2(b)): [***] Disclosure Schedule (5.2(e)): [***] Disclosure Schedule (6.1): [***] Exhibit A: Form of Notice of Borrowing or Continuation/Conversion Exhibit B: Form of Borrowing Base Certificate Exhibit C: Form of Compliance Certificate Exhibit D: Form of Notice of Repayment TRANSACTION SUMMARY AS OF THE DATE OF THIS AGREEMENT REVOLVING CREDIT LOAN Maximum Amount: $15,000,000 or the Equivalent Amount in U.S.$ if available Letter of Credit Sublimit: $5,000,000 Term: One (1) year Interest Rate: RBP plus 0.75% per annum RBUSBR plus 0.75% per annum CDOR Rate plus 2.00% per annum Term SOFR Rate plus 2.00% per annum plus the Term SOFR Adjustment Unused Line Fee: 0.40% per annum Letter of Credit Fee: to be determined at time of issue Borrowing Base: (i) 85% of the value (as determined by Lender) of Eligible Accounts (other than Investment Grade or Insured Accounts), 90% of the value (as determined by Lender) of Eligible Investment Grade or Insured Accounts; plus (ii) the lesser of (I) 85% of the net orderly liquidation value of Eligible Inventory, and (II) 75% of the book value of Eligible Inventory; less (iii) reserves. OTHER FEES Closing Fee: $75,000 Collateral Monitoring Fee: $1,000 per month in advance STATED EXPIRY DATE February 12, 2024 The loans described generally here are established and governed by the terms and conditions set forth below in this Agreement and the other Loan Documents, and if there is any conflict between this general description and the express terms and conditions below or elsewhere in the Loan Documents, such other express terms and conditions shall control.

Appears in 1 contract

Samples: Loan Agreement (Dirtt Environmental Solutions LTD)

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INDEX OF EXHIBITS AND SCHEDULES. Schedule A: A - Definitions Schedule B: B - Lender’s 's and Credit Parties’ Borrowers' Addresses for Notices Schedule C: C - Letters of Credit (Not Used) Schedule D: D - Cash Management System Schedule E: E - Fees and Expenses Schedule F: F - Schedule of Documents Schedule G: Material Contracts Schedule H: Bank Products Schedule I: RBC Lease Facility Schedule J: Post-Closing Undertakings G - Financial Covenants Disclosure Schedule (3.2): [***] ) - Places of Business; Corporate Names Disclosure Schedule (3.6): [***] ) - Real Estate Disclosure Schedule (3.7): [***] ) - Stock; Affiliates Disclosure Schedule (3.9): [***] ) - Taxes Disclosure Schedule (3.11): [***] ) - ERISA Disclosure Schedule (3.12): [***] ) - Litigation Disclosure Schedule (3.13): [***] ) - Intellectual Property Disclosure Schedule (3.15): [***] ) - Environmental Matters Disclosure Schedule (3.16): [***] Disclosure Schedule (3.17): [***] ) - Insurance Disclosure Schedule (3.18): [***] ) - Contracts (Offset Risk) Disclosure Schedule (5.2(b5(b)): [***] ) - Indebtedness Disclosure Schedule (5.2(e5(e)): [***] ) - Liens Disclosure Schedule (6.1): [***] ) - Actions to Perfect Liens Exhibit A: A - Form of Notice of Borrowing or Continuation/Conversion Revolving Credit Advance Exhibit B: B - Other Reports and Information Exhibit C - Form of Borrowing Base Certificate Exhibit C: C-1 Inventory Rollforward and Reconcilliation Exhibit D - Form of Compliance Accounts Payable Analysis Exhibit E - Form of Accounts Receivable Rollforward Analysis Exhibit F - Form of Revolving Credit Note Exhibit G - Form of Term Note (Not Used) Exhibit H - Form of Secretarial Certificate Exhibit D: I - Form of Notice Power of Repayment Attorney Exhibit J - Form of Certificate of Compliance Exhibit K - Form of Lockbox Agreement Exhibit L - Form of Landlord's Waiver and Consent Exhibit M-1 - Form of Mortgage Waiver and Consent (Trust) Exhibit M-2 - Form of Mortgage Waiver and Consent (Mortgage) Exhibit N-1 - Form of Guarantee Exhibit N-1.A - Form of Guarantee (variant) Exhibit N-2 - Form of Joint and Several Guarantee Exhibit N-2.A - Form of Joint and Several Guarantee (variant) Exhibit O - Form of Opinion of Counsel to Borrower Exhibit P-1 - Form of Intercreditor Agreement (secured junior debt) Exhibit P-2 - Form of Intercreditor Agreement (unsecured junior debt) Exhibit Q - Form of Standard Payoff Letter Exhibit R - Form of U.C.C. Schedule Exhibit S - Form of Payment of Proceeds Letter GE Capital TRANSACTION SUMMARY AS OF THE DATE OF THIS AGREEMENT REVOLVING CREDIT LOAN Maximum Amount: $15,000,000 or the Equivalent Amount in U.S.$ if available Letter of Credit Sublimit: $5,000,000 600,000 -------------- Term: One (1) year Interest 2 years ---- Revolving Credit Rate: RBP plus 0.75% per annum RBUSBR plus 0.75% per annum CDOR Index Rate plus 2.00% per annum Term SOFR Rate plus 2.00% per annum plus the Term SOFR Adjustment Unused Line Fee: 0.40% per annum --------------------- Letter of Credit FeeSubfacility: to be determined at time of issue n/a ---------------------------- Borrowing Base: (i) 8580% of the value (as determined by Lender) -------------- of each Borrower's Eligible Accounts; provided, that Lender shall reduce the foregoing percentage by one percentage point for each percentage point that the dilution of such Borrower's Accounts (other than Investment Grade or Insured Accounts), 90calculated by Lender as the average dilution over the most recent three months) exceeds 5.0 % of the value (as determined by Lender) of Eligible Investment Grade or Insured Accounts; plus (ii) the lesser of (I) 85% of the net orderly liquidation value of Eligible Inventory, and (II) 75% of the book value of Eligible Inventory; less (iii) reserves. OTHER FEES Closing Fee: $75,000 6,000 ----------- Collateral Monitoring Fee: $1,000 12,600 per month annum. ------------------------- Unused Line Fee: 0.50% --------------- Letter of Credit Fee: n/a --------------------- Prepayment Fee: 3% in advance STATED EXPIRY DATE February 12, 2024 year one; 2% in year two -------------- The loans Loans described generally here are established and governed by the terms and conditions set forth below in this Agreement and the other Loan Documents, and if there is any conflict between this general description and the express terms and conditions below or elsewhere in the Loan Documents, such other express terms and conditions shall control. This LOAN AND SECURITY AGREEMENT is dated as of June __, 2000, and agreed to by and among METHOD PRODUCTS CORPORATION, a Florida corporation ("Leading Borrower"), and MPC INTEGRATED TECHNOLOGIES, INC., a Florida corporation ("Second Borrower"), (Leading Borrower and Second Borrower being collectively referred to as "Borrowers" and each a "Borrower"), any other Credit Party executing this Agreement, and GENERAL ELECTRIC CAPITAL CORPORATION, a New York corporation ("Lender").

Appears in 1 contract

Samples: Loan and Security Agreement (Method Products Corp /De)

INDEX OF EXHIBITS AND SCHEDULES. Schedule A: Definitions Schedule B: Lender’s and Credit Parties’ Addresses for Notices Schedule C: Letters of Credit Schedule D: Cash Management System Schedule E: Fees Schedule F: Schedule of Documents Schedule G: Material Contracts Schedule H: Bank Products Schedule I: RBC Lease Facility Schedule J: Post-Closing Undertakings Disclosure Schedule (3.2): [***] Disclosure Schedule (3.6): [***] Disclosure Schedule (3.7): [***] Disclosure Schedule (3.9): [***] Disclosure Schedule (3.11): [***] Disclosure Schedule (3.12): [***] Disclosure Schedule (3.13): [***] Disclosure Schedule (3.15): [***] Disclosure Schedule (3.16): [***] Disclosure Schedule (3.17): [***] Disclosure Schedule (3.18): [***] Disclosure Schedule (5.2(b)): [***] Disclosure Schedule (5.2(e)): [***] Disclosure Schedule (6.1): [***] Exhibit A: Form of Notice of Borrowing or Continuation/Conversion Exhibit B: Form of Borrowing Base Certificate Exhibit C: Form of Compliance Certificate Exhibit D: Form of Notice of Repayment TRANSACTION SUMMARY AS OF THE DATE OF THIS AGREEMENT REVOLVING CREDIT LOAN Maximum Amount: $15,000,000 or the Equivalent Amount in U.S.$ if available Letter of Credit Sublimit: $5,000,000 Term: One (1) year Interest Rate: RBP plus 0.75% per annum RBUSBR plus 0.75% per annum CDOR Rate Adjusted Term XXXXX plus 2.00% per annum Term SOFR Rate plus 2.00% per annum plus the Term SOFR Adjustment Unused Line Fee: 0.40% per annum Letter of Credit Fee: to be determined at time of issue Borrowing Base: (i) 85% of the value (as determined by Lender) of Eligible Accounts (other than Investment Grade or Insured Accounts), 90% of the value (as determined by Lender) of Eligible Investment Grade or Insured Accounts; plus (ii) the lesser of (I) 85% of the net orderly liquidation value of Eligible Inventory, and (II) 75% of the book value of Eligible Inventory; less (iii) reserves. OTHER FEES Closing Fee: $75,000 Collateral Monitoring Fee: $1,000 per month in advance STATED EXPIRY DATE February 12, 2024 2025 The loans described generally here are established and governed by the terms and conditions set forth below in this Agreement and the other Loan Documents, and if there is any conflict between this general description and the express terms and conditions below or elsewhere in the Loan Documents, such other express terms and conditions shall control.

Appears in 1 contract

Samples: Loan Agreement (Dirtt Environmental Solutions LTD)

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INDEX OF EXHIBITS AND SCHEDULES. Schedule A: A - Definitions Schedule B: B - Lender’s 's and Credit Parties’ Borrower's Addresses for Notices Schedule C: C - Letters of Credit Schedule D: D - Cash Management System Schedule E: E - Fees and Expenses Schedule F: F - Schedule of Documents Schedule G: Material Contracts Schedule H: Bank Products Schedule I: RBC Lease Facility Schedule J: Post-Closing Undertakings G - Financial Covenants Disclosure Schedule (3.2): [***] ) - Places of Business; Corporate Names Disclosure Schedule (3.4(a)) - Projections Disclosure Schedule (3.6): [***] ) - Real Estate Disclosure Schedule (3.7): [***] ) - Stock; Affiliates Disclosure Schedule (3.9): [***] ) - Taxes Disclosure Schedule (3.11): [***] ) - ERISA Disclosure Schedule (3.12): [***] ) - Litigation Disclosure Schedule (3.13): [***] ) - Intellectual Property Disclosure Schedule (3.15): [***] ) - Environmental Matters Disclosure Schedule (3.16): [***] Disclosure Schedule (3.17): [***] ) - Insurance Disclosure Schedule (3.18): [***] ) - Contracts (Offset Risk) Disclosure Schedule (5.2(b5(b)): [***] ) - Indebtedness Disclosure Schedule (5.2(e5(e)): [***] ) - Liens Disclosure Schedule (6.1): [***] Exhibit A: Form of Notice of Borrowing or Continuation/Conversion Exhibit B: Form of Borrowing Base Certificate Exhibit C: Form of Compliance Certificate Exhibit D: Form of Notice of Repayment ) - Actions to Perfect Liens TRANSACTION SUMMARY AS OF THE DATE OF THIS AGREEMENT ------------------------------------------------------------------------------- REVOLVING CREDIT LOAN Maximum Amount: $15,000,000 or the Equivalent Amount in U.S.$ if available 12,000,000 -------------- Term: 3 years ---- Revolving Credit Rate: Index Rate plus 1.25% --------------------- Letter of Credit SublimitSubfacility: $5,000,000 Term: One (1) year Interest Rate: RBP plus 0.75% per annum RBUSBR plus 0.75% per annum CDOR Rate plus 2.00% per annum Term SOFR Rate plus 2.00% per annum plus the Term SOFR Adjustment Unused Line Fee: 0.40% per annum Letter of Credit Fee: to be determined at time of issue 250,000 ---------------------------- Borrowing Base: Eighty-five percent (i85%) 85% of the value (as -------------- determined by Lender) of Borrower's Eligible Accounts; provided that Lender shall reduce the foregoing percentage by one percentage point for each percentage point that the dilution of Borrower's Accounts (other than Investment Grade or Insured Accounts), 90% of calculated monthly by Lender as the value (as determined by Lenderaverage dilution over the most recent three months) of Eligible Investment Grade or Insured Accountsexceeds 5%; plus ---- the lesser of (i) $3,000,000 or (ii) the lesser of (IA) eighty-five percent (85% %) of the net orderly liquidation value of Borrower's Eligible Inventory, Inventory (as determined by Lender) and (IIB) 75% fifty-five percent (55%) of the book value lower of cost or market of Borrower's Eligible Inventory; less Inventory (iii) reservesas determined by Lender). OTHER FEES Closing Fee: $75,000 30,000, $7,500 of which will be due and ----------- payable at closing (against which will be credited the unused balance, net of expenses, of the underwriting deposit) and the balance of which will be due in three installments of $7,500 each payable on or before the first day of the next three fiscal quarters of Borrower after closing. Accommodation Fee: $25,000. ----------------- Collateral Monitoring Fee: $1,000 18,000 per month annum, payable in advance STATED EXPIRY DATE February 12, 2024 quarterly ------------------------- installments of $4,500 each at closing and quarterly thereafter. Unused Line Fee: 0.25% per annum --------------- Letter of Credit Fee: 2.0% per annum -------------------- Prepayment Fee: 2.0% in year one; 1.0% year two; and 0.5% in -------------- year three. The loans Loans described generally here are established and governed by the terms and conditions set forth below in this Agreement and the other Loan Documents, and if there is any conflict between this general description and the express terms and conditions below or elsewhere in the Loan Documents, such other express terms and conditions shall control. -------------------------------------------------------------------------------- 15 This LOAN AND SECURITY AGREEMENT is dated as of March 27, 2002, and agreed to by and between COMPUTER COMPONENTS CORPORATION, a Texas corporation ("Borrower"), any other Credit Party executing this Agreement, and GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation ("Lender").

Appears in 1 contract

Samples: Loan and Security Agreement (Zunicom Inc)

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