Lending Relationship. Each Borrower acknowledges and agrees that the relationship hereby created with Lender is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists and that no Borrower has relied, nor is relying on, any such fiduciary relationship in executing this Agreement and in consummating the Loans. Lender represents that it will receive the Revolving Note payable to its order as evidence of the Loans.
Appears in 9 contracts
Samples: Credit Agreement (Poet Technologies Inc.), Credit Agreement (Dr. Tattoff, Inc.), Credit Agreement (Wild Craze, Inc.)
Lending Relationship. Each Borrower acknowledges and agrees that the relationship hereby created with Lender is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists and that no Borrower has not relied, nor is relying on, any such fiduciary relationship in executing this Agreement and in consummating the Loans. Lender represents that it will receive the Revolving Note payable to its order as evidence of the Loans.
Appears in 9 contracts
Samples: Credit Agreement, Senior Secured Revolving Credit Facility Agreement (Revolutionary Concepts Inc), Senior Secured Revolving Credit Facility Agreement (Cd International Enterprises, Inc.)
Lending Relationship. Each Borrower acknowledges and agrees that the relationship hereby created with Lender is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists and that no Borrower has relied, not relied and nor is relying on, on any such fiduciary relationship in executing this Agreement and in consummating the Loans. Lender represents that it will receive the Revolving Note Notes payable to its order as evidence of the Loans.
Appears in 7 contracts
Samples: Senior Secured Revolving Credit Facility Agreement, Senior Secured Revolving Credit Facility Agreement (Sunpeaks Ventures, Inc.), Senior Secured Revolving Credit Facility Agreement (Sunpeaks Ventures, Inc.)
Lending Relationship. Each Borrower acknowledges and agrees that the relationship hereby created with Lender is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists and that no Borrower has not relied, nor is relying on, any such fiduciary relationship in executing this Agreement and in consummating the Loans. Lender represents that it will receive the Revolving Note Notes payable to its order as evidence of the Loans.
Appears in 3 contracts
Samples: Senior Secured Revolving Credit Facility Agreement (Oncologix Tech Inc.), Senior Secured Revolving Credit Facility Agreement (Green Innovations Ltd.), Senior Secured Revolving Credit Facility Agreement (Hypertension Diagnostics Inc /Mn)
Lending Relationship. Each Borrower acknowledges and agrees that the relationship hereby created with Lender is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists and that no Borrower has not relied, nor is relying on, any such fiduciary relationship in executing this Agreement and in consummating the Loans. Lender represents that it will receive the Revolving Note payable to its order as evidence of the Loans.
Appears in 2 contracts
Samples: Senior Secured Credit Facility Agreement, Senior Secured Credit Facility Agreement (Pharmagen, Inc.)
Lending Relationship. Each The Borrower acknowledges and agrees that the relationship hereby created with the Lender is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists and that no the Borrower has relied, nor not relied and is not relying on, on any such fiduciary relationship in executing this Agreement and in consummating the Revolving Loans. The Lender represents that it will receive the Revolving Note payable to its order as evidence of the Loansa Lender loan.
Appears in 2 contracts
Samples: Loan and Security Agreement (Polar Power, Inc.), Loan and Security Agreement (Chromcraft Revington Inc)
Lending Relationship. Each Borrower acknowledges and agrees that the The relationship hereby created with between the Borrower and the Lender is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists exists, and that no the Borrower has relied, nor not relied and is not relying on, on any such fiduciary relationship in executing this Agreement and in consummating the LoansRevolving Loan. The Lender represents that it will receive the Revolving Note payable to its order as evidence of the Loansa bank loan.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (REX AMERICAN RESOURCES Corp), Revolving Credit and Security Agreement (Millennium Ethanol, LLC)
Lending Relationship. Each Borrower Borrowers acknowledges and agrees that the relationship hereby created with the Lender is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists and that no each Borrower has relied, not relied and nor is relying on, on any such fiduciary relationship in executing this Agreement and in consummating the Loans. The Lender represents that it will receive the Revolving Note payable to its order as evidence of the Loans.
Appears in 2 contracts
Samples: Credit Agreement (National Automation Services Inc), Credit Agreement (National Automation Services Inc)
Lending Relationship. Each Borrower acknowledges and agrees that the relationship hereby created by this Agreement with Lender is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists and that no Borrower has relied, nor not relied and is not relying on, on any such fiduciary relationship in executing this Agreement and in consummating the Loans. Lender represents that it will receive the Revolving Note payable to its order as evidence of the Loans.
Appears in 1 contract
Samples: Loan and Security Agreement (Itt Educational Services Inc)
Lending Relationship. Each The Borrower acknowledges and agrees that the relationship hereby created with the Lender is and has been conducted on an open and arm’s 's length basis in which no fiduciary relationship exists and that no the Borrower has relied, nor not relied and is not relying on, on any such fiduciary relationship in executing this Agreement and in consummating the Loans. Lender represents that it will receive the Revolving Note payable to its order as evidence of the Loans.
Appears in 1 contract
Lending Relationship. Each The Borrower acknowledges and agrees that the relationship hereby created with Lender is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists and that no Borrower has reliednot relied on, nor is relying on, any such fiduciary relationship in executing this Agreement and in consummating the Loans. Lender represents that it will receive the Revolving Note payable to its order as evidence of the Loans.
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (Wikisoft Corp.)
Lending Relationship. Each The Borrower acknowledges and agrees that the relationship hereby created with the Lender is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists and that no the Borrower has relied, nor not relied and is not relying on, on any such fiduciary relationship in executing this Agreement and in consummating the Loans. Lender represents that it will receive the Revolving Note payable to its order as evidence of the Loans.
Appears in 1 contract
Samples: Loan and Security Agreement (Flux Power Holdings, Inc.)
Lending Relationship. Each Borrower acknowledges and agrees that the relationship hereby created with Lender is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists and that no Borrower has not relied, nor is relying on, any such fiduciary relationship in executing this Agreement and in consummating the Loans. Lender represents that it will receive the Revolving Note Notes payable to its order as evidence of the LoansLoans and will receive the Fee Notes payable to its order as evidence of the Investment Banking Fee.
Appears in 1 contract
Samples: Senior Secured Revolving Credit Facility Agreement (Encore Brands, Inc.)
Lending Relationship. Each Borrower acknowledges and agrees that the The relationship hereby created with between Borrower and Lender is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists exists, and that no Borrower has relied, nor not relied and is not relying on, on any such fiduciary relationship in executing this Agreement and in consummating the Loans. Lender represents that it will receive the Revolving any Note payable to its order as evidence of the Loansa bank loan.
Appears in 1 contract
Lending Relationship. Each Borrower acknowledges and agrees that the The relationship hereby created with between the Borrowers and the Lender is and has been conducted on an open and arm’s length basis in which no fiduciary relationship exists exists, and that no Borrower has relied, nor relied and is not relying on, on any such fiduciary relationship in executing this Agreement and in consummating the Loans. The Lender represents that it will receive the Revolving Note payable to its order as evidence of the Loansa loan.
Appears in 1 contract
Lending Relationship. Each Borrower acknowledges and agrees that the relationship hereby created with Lender is and has been conducted on an open and arm’s 's length basis in which no fiduciary relationship exists and that no Borrower has relied, not relied and nor is relying on, on any such fiduciary relationship in executing this Agreement and in consummating the Loans. Lender represents that it will receive the Revolving Note payable to its order as evidence of the Loans.
Appears in 1 contract
