Lending Relationship. The relationship hereby created between the Borrower and the Bank is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists, and the Borrower has not relied and is not relying on any such fiduciary relationship in executing this Agreement and in consummating the Loans. The Bank represents that it will receive any Note payable to its order as evidence of a bank loan.
Appears in 13 contracts
Samples: Loan and Security Agreement (Atlas Financial Holdings, Inc.), Loan Agreement (Atlas Financial Holdings, Inc.), Loan and Security Agreement (Primoris Services CORP)
Lending Relationship. The Borrower acknowledges and agrees that the relationship hereby created between the Borrower and with the Bank is and has been conducted on an open and arm’s 's length basis in which no fiduciary relationship exists, exists and that the Borrower has not relied and is not relying on any such fiduciary relationship in executing this Agreement and in consummating the Loans. The Bank represents that it will receive any the Note payable to its order as evidence of a bank loan.
Appears in 7 contracts
Samples: Loan Agreement (Eloyalty Corp), Loan and Security Agreement (First Horizon Pharmaceutical Corp), Loan and Security Agreement (Arlington Hospitality Inc)
Lending Relationship. The relationship hereby created between the Borrower and the Bank is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists, and the no Borrower has not relied and is not relying on any such fiduciary relationship in executing this Agreement and in consummating the Loans. The Bank represents that it will receive any Note payable to its order as evidence of a bank loan.
Appears in 3 contracts
Samples: Loan and Security Agreement (Intricon Corp), Loan and Security Agreement (Intricon Corp), Loan and Security Agreement (Intricon Corp)
Lending Relationship. The relationship hereby created between the Borrower and the Bank is and has been conducted on an open and arm’s 's length basis in which no fiduciary relationship exists, and the Borrower has not relied and is not relying on any such fiduciary relationship in executing this Agreement and in consummating the Loans. The Bank represents that it will receive any Note payable to its order as evidence of a bank loan.
Appears in 2 contracts
Samples: Loan Agreement (Birner Dental Management Services Inc), Loan and Security Agreement (Boyd Bros Transportation Inc)
Lending Relationship. The relationship hereby created between each Borrower (on the Borrower one hand) and the Bank Lender (on the other) is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists, and the Borrower has not relied and is not relying on any such fiduciary relationship in executing this Agreement and in consummating borrowing the Loans. The Bank Lender represents that it will receive any Note payable to its order as evidence of a bank loan.
Appears in 2 contracts
Samples: Loan and Security Agreement (Amtech Systems Inc), Loan and Security Agreement (Amtech Systems Inc)
Lending Relationship. The Borrower acknowledges and agrees that the relationship hereby created between the Borrower and with the Bank is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists, exists and that the Borrower has not relied and is not relying on any such fiduciary relationship in executing this Agreement and in consummating the Loans. The Bank represents that it will receive any Note the Notes payable to its order as evidence of a bank loanloans.
Appears in 2 contracts
Samples: Loan and Security Agreement (Banyan Rail Services Inc.), Loan and Security Agreement (Bhit Inc)
Lending Relationship. The relationship hereby created between the Borrower Borrowers and the Bank Lender is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists, and the Borrower has Borrowers have not relied and is are not relying on any such fiduciary relationship in executing this Agreement and in consummating the Loans. The Bank Lender represents that it will receive any Note payable to its order as evidence of a bank loan.
Appears in 2 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Hill International, Inc.)
Lending Relationship. The relationship hereby created between the Borrower --------------------- Borrowers and the Bank Lender is and has been conducted on an open and arm’s 's length basis in which no fiduciary relationship exists, and the Borrower has Borrowers have not relied and is are not relying on any such fiduciary relationship in executing this Agreement and in consummating the Loans. The Bank Lender represents that it will receive any Note payable to its order as evidence of a bank loan.
Appears in 2 contracts
Samples: Loan and Security Agreement (Amrep Corp.), Loan and Security Agreement (Amrep Corp.)
Lending Relationship. The relationship hereby created between the Borrower and with the Bank is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists, and the . The Borrower has not relied and is not relying on any such fiduciary relationship in executing this Agreement and in consummating the Loans. The Bank represents that it will receive any Note payable to its order as evidence of a bank loan.
Appears in 2 contracts
Samples: Loan and Security Agreement (Huron Consulting Group Inc.), Loan and Security Agreement (Huron Consulting Group Inc.)
Lending Relationship. The Borrower acknowledges and agrees that the relationship hereby created between the Borrower and with the Bank is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists, exists and that the Borrower has not relied and is not relying on any such fiduciary relationship in executing this Agreement and in consummating the Loans. The Bank represents that it will receive any Note the Notes payable to its order as evidence of a bank loan.
Appears in 2 contracts
Samples: Loan and Security Agreement (PLM Equipment Growth Fund V), Loan and Security Agreement (PLM Equipment Growth Fund V)
Lending Relationship. The relationship hereby created between the Borrower and the Bank is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists, and the Borrower has not relied and is not relying on any such fiduciary relationship in executing this Agreement and in consummating the LoansLoan. The Bank represents that it will receive any Note payable to its order as evidence of a bank loan.
Appears in 2 contracts
Samples: Credit and Security Agreement (Sancilio Pharmaceuticals Company, Inc.), Credit and Security Agreement (Sancilio Pharmaceuticals Company, Inc.)
Lending Relationship. The relationship hereby created between the Borrower Borrowers and the Bank Lender is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists, and the Borrower has Borrowers have not relied and is are not relying on any such fiduciary relationship in executing this Agreement and in consummating the Loans. The Bank Lender represents that it will receive any Note payable to its order as evidence of a bank loan.
Appears in 2 contracts
Samples: Loan and Security Agreement (BG Staffing, Inc.), Loan and Security Agreement (LTN Staffing, LLC)
Lending Relationship. The Borrower acknowledges and agrees that the relationship hereby created between the Borrower and with the Bank is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists, exists and that the Borrower has not relied and is not relying on any such fiduciary relationship in executing this Agreement and in consummating the Loans. The Bank represents that it will receive any the Note payable to its order as evidence of a bank loan.
Appears in 2 contracts
Samples: Loan Agreement (Hutchinson Technology Inc), Loan Agreement (Hutchinson Technology Inc)
Lending Relationship. The relationship hereby created between the Borrower and the Bank Lender is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists, and the Borrower has not relied and is not relying on any such fiduciary relationship in executing this Agreement and in consummating the Loans. The Bank represents that it will receive any Note payable to its order as evidence of a bank loan.
Appears in 2 contracts
Samples: Loan Agreement (Lime Energy Co.), Revolving Credit Agreement (American Land Lease Inc)
Lending Relationship. The relationship hereby created between the Borrower Borrowers and the Bank is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists, and the Borrower has Borrowers have not relied and is not relying on any such fiduciary relationship in executing this Agreement and in consummating the Loans. The Bank represents that it will receive any Note payable to its order as evidence of a bank loan.
Appears in 1 contract
Lending Relationship. The Borrower acknowledges and agrees that the relationship hereby created between the Borrower and with the Bank is and has been conducted on an open and arm’s 's length basis in which no fiduciary relationship exists, exists and that the Borrower has not relied and is not relying on any such fiduciary relationship in executing this Agreement and in consummating the Loans. The Bank represents that it will receive any Note payable to its order as evidence of a bank loan.
Appears in 1 contract
Lending Relationship. The relationship hereby created between the Borrower Borrower, and the Bank Lenders is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists, and the Borrower has not relied and is not relying on any such fiduciary relationship in executing this Agreement and in consummating the Loans. The Bank Each Lender represents that it will receive any Note payable to its order as evidence of a bank loan.
Appears in 1 contract
Lending Relationship. The Borrower acknowledges and agrees that the relationship hereby created between the Borrower and with the Bank is and has been conducted on an open and arm’s 's length basis in which no fiduciary relationship exists, exists and the that Borrower has not relied and is are not relying on any such fiduciary relationship in executing this Agreement and in consummating the Loans. The Bank represents that it will receive any the Note payable to its order as evidence of a bank loan.
Appears in 1 contract
Samples: Loan Agreement (Landauer Inc)
Lending Relationship. The Borrower acknowledges and agrees that the relationship hereby created between the Borrower and with the Bank is and has been conducted on an as open and arm’s 's length basis in which no fiduciary relationship exists, exists and the that Borrower has not relied and is not relying on any such fiduciary relationship in executing this Agreement and in consummating the LoansLoan. The Bank represents that it will receive any the Term Note payable to its order as evidence of a bank loan.
Appears in 1 contract
Samples: Loan and Security Agreement (AquaBounty Technologies, Inc.)
Lending Relationship. The Borrower acknowledges and agrees that the relationship hereby created between the Borrower and with the Bank is and has been conducted on an open and arm’s 's length basis in which no fiduciary relationship exists, exists and that the Borrower has not relied and is not relying on any such fiduciary relationship in executing this Agreement and in consummating the Loans. The Bank represents that it will receive any Note the Notes payable to its order as evidence of a bank loan.
Appears in 1 contract
Samples: Loan and Security Agreement (Fortune Industries, Inc.)
Lending Relationship. The relationship hereby created between the Borrower and the Bank Lender is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists, and the Borrower has not relied and is not relying on any such fiduciary relationship in executing this Agreement and in consummating the Loans. The Bank Lender represents that it will receive any Note payable to its order as evidence of a bank loan.
Appears in 1 contract
Samples: Loan and Security Agreement (Hill International, Inc.)
Lending Relationship. The relationship hereby created between the Borrower and the Bank is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists, and the Borrower has not relied and is not relying on any such fiduciary relationship in executing this Agreement and in consummating the Loans. The Bank represents that it will receive any Note payable to its order as evidence of a bank loan.
Appears in 1 contract
Samples: Bridge Loan Agreement (Hunt J B Transport Services Inc)
Lending Relationship. The Borrower acknowledges and agrees that the relationship hereby created between the Borrower and the with Bank is and has been conducted on an open and arm’s 's length basis in which no fiduciary relationship exists, exists and the that Borrower has not relied and is not relying on any such fiduciary relationship in executing this Agreement and in consummating the Loans. The Bank represents that it will receive any the Note payable to its order as evidence of a bank loan.
Appears in 1 contract
Samples: Loan and Security Agreement (CFC International Inc)
Lending Relationship. The relationship hereby created between the Borrower and the Bank is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists, exists and that the Borrower has not relied and is not relying on any such fiduciary relationship in executing this Agreement and in consummating the Loans. The Bank represents that it will receive any Note payable to its order as evidence of a bank loan.
Appears in 1 contract
Samples: Loan Agreement (Neogen Corp)
Lending Relationship. The relationship hereby created between the Borrower and the Bank each Lender is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists, exists and that the Borrower has not relied and is not relying on any such fiduciary relationship in executing this Agreement and in consummating the Loansthis Agreement. The Bank Each Lender represents that it will receive any Note a promissory note payable to its order as evidence of a bank loanthe Obligations.
Appears in 1 contract
Samples: Senior Loan, Security and Pledge Agreement (DJSP Enterprises, Inc.)
Lending Relationship. The relationship hereby created between the Borrower and the Bank is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists, and the Borrower has not relied and is not relying on any such fiduciary relationship in executing this Agreement and in consummating the LoansTerm Loan. The Bank represents that it will receive any Note note payable to its order as evidence of a bank loan.
Appears in 1 contract
Lending Relationship. The relationship hereby created between the Borrower and the Bank Lender is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists, and the Borrower has not relied and is not relying on any such fiduciary relationship in executing this Agreement and in consummating the Loans. The Bank represents that it will receive any Note payable to its order as evidence of a bank loanAgreement.
Appears in 1 contract
Samples: Letter of Credit Application, Reimbursement and Security Agreement (Millennium Ethanol, LLC)
Lending Relationship. The relationship hereby created between the Borrower and the Bank is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists, and the Borrower has not relied and is not relying on any such fiduciary relationship in executing this Agreement and in consummating the Loans. The Bank represents that it will receive any Note payable to its order as evidence of a bank loan.
Appears in 1 contract
Lending Relationship. The Each Borrower acknowledges and agrees that the relationship hereby created between the Borrower and with the Bank is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists, exists and the that such Borrower has not relied and is not relying on any such fiduciary relationship in executing this Agreement and in consummating the Loans. The Bank represents that it will receive any the Note payable to its order as evidence of a bank loanBank loans.
Appears in 1 contract
Samples: Loan and Security Agreement (FreightCar America, Inc.)
Lending Relationship. The relationship hereby created between the Borrower Borrowers and the Bank is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists, and the Borrower has Borrowers have not relied and is are not relying on any such fiduciary relationship in executing this Agreement and in consummating the Loans. The Bank represents that it will receive any Note payable to its order as evidence of a bank loan.
Appears in 1 contract
Samples: Loan and Security Agreement (Smithway Motor Xpress Corp)
Lending Relationship. The relationship hereby created between the Borrower Borrowers and the Bank Lender is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists, and the Borrower has Borrowers have not relied and is are not relying on any such fiduciary relationship in executing this Agreement and in consummating the Loans. The Bank Lender represents that it will receive any Note payable to its order as evidence of a bank loan.
Appears in 1 contract
Lending Relationship. The relationship hereby created between the Borrower Borrowers and the Bank is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists, and the Borrower has Borrowers have not relied and is not relying on any such fiduciary relationship in executing this Agreement and in consummating the Loans. The Bank represents that it will receive any Note payable to its order as evidence of a bank loanLoan.
Appears in 1 contract
Samples: Loan and Security Agreement (Inland American Real Estate Trust, Inc.)
Lending Relationship. The Borrower acknowledges and agrees that the relationship hereby created between the Borrower and with the Bank is and has been conducted on an open and arm’s 's length basis in which no fiduciary relationship exists, exists and the that Borrower has not relied and is not relying on any such fiduciary relationship in executing this Agreement and in consummating the Loans. The Bank represents that it will receive any Note the Notes payable to its order as evidence of a bank loan.
Appears in 1 contract
Lending Relationship. The relationship hereby created between the Borrower and the Bank is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists, exists and that the Borrower has not relied and is not relying on any such fiduciary relationship in executing this Agreement and in consummating the Loans. The Bank represents that it will receive any Note promissory note payable to its order as evidence of a bank loan.
Appears in 1 contract
Samples: Loan Agreement (Koss Corp)
Lending Relationship. The relationship hereby created between the Borrower and the Bank Lender is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists, and the Borrower has not relied and is not relying on any such fiduciary relationship in executing this Agreement and in consummating the Loans. The Bank represents that it will receive any Note payable to its order as evidence of a bank loanLoan.
Appears in 1 contract
Samples: Loan Agreement (Golden Minerals Co)
Lending Relationship. The Borrowers acknowledge and agree that the relationship hereby created between the Borrower and with the Bank is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists, exists and that the Borrower has Borrowers have not relied and is not relying on any such fiduciary relationship in executing this Agreement and in consummating the Loans. The Bank represents that it will receive any Note the Notes payable to its order as evidence of a bank loan.
Appears in 1 contract
Lending Relationship. The relationship hereby created between the Borrower and the Bank is and has been conducted on an open and arm’s 's length basis in which no fiduciary relationship exists, exists and that the Borrower has not relied and is not relying on any such fiduciary relationship in executing this Agreement and in consummating the Loans. The Bank represents that it will receive any Note payable to its order as evidence of a bank loan.
Appears in 1 contract
Samples: Loan and Security Agreement (Rockwell Medical Technologies Inc)
Lending Relationship. The Borrower acknowledges and agrees that the relationship hereby created between the Borrower and with the Bank is and has been conducted on an open and arm’s 's length basis in which no fiduciary relationship exists, exists and that the Borrower has not relied and is not relying on any such fiduciary relationship in executing this Agreement and in consummating the Loans. The Bank represents that it will receive any the Revolving Note payable to its order as evidence of a bank loan.
Appears in 1 contract
Lending Relationship. The relationship hereby created between the Borrower and the Bank Lender is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists, and the Borrower has not relied and is not relying on any such fiduciary relationship in executing this Agreement and in consummating the Loans. The Bank Lender represents that it will receive any Note payable to its order as evidence of a bank loan.
Appears in 1 contract
