Common use of Loan Facilities Clause in Contracts

Loan Facilities. ASPEN hereby agrees to lend to Borrower up to the maximum sum of One Million Five Hundred Thousand Dollars ($1,500,000.00) (hereinafter referred to as the "Loan"), on and subject to the terms and conditions hereinafter set forth. As used in this Agreement, the term "Liabilities" or "Liability" shall mean the Loan and any and all other indebtedness, advances, obligations, covenants, undertakings and liabilities of Borrower and Guarantor (including amendments, restatements, modifications, extensions and renewals thereof) to ASPEN or any affiliate of ASPEN under all documents now or hereafter executed by Borrower and/or Guarantor in favor of (or acquired by) ASPEN or any affiliate of ASPEN (the "Loan Documents") or however created, direct or indirect, now existing or hereafter arising, due or to become due, absolute or contingent, participated in whole or in part, whether evidenced or created by promissory notes, agreements or otherwise, in any manner acquired by or accruing to ASPEN or any affiliate of ASPEN, whether by agreement, assignment or otherwise, as well as any and all obligations of Borrower or Guarantors to ASPEN or any affiliate of ASPEN, whether absolute, contingent or otherwise and howsoever and whensoever (whether now or hereafter) created, including, without limitation, (a) obligations of another or others guaranteed or endorsed by Borrower, and (b) whether or not presently contemplated by the parties on the date hereof, including all costs and expenses incurred in the collection of such indebtedness or the loan referred to herein, taxes levied, insurance and repairs to or for the maintenance of the Collateral hereinafter described. As used in this Agreement, an "Advance" shall mean a sum advanced by Execution Copy ASPEN from time to time under the Loan, and "Advances" shall mean all such sums collectively.

Loan Facilities. ASPEN Fifth Third hereby agrees to lend to Borrower (a) up to --------------- the maximum sum of One Million Five Seven Hundred Fifty Thousand Dollars ($1,500,000.00750,000.00) (hereinafter referred to as the "Revolving Line of Credit"), and (b) up to the maximum sum of Seven Hundred Fifty Thousand Dollars ($750,000.00) (hereinafter referred to as the "Draw Loan", and, collectively with the Revolving Line of Credit, referred to as the "Loans"), on and subject to the terms and conditions hereinafter set forth. As used in this Agreement, the term "Liabilities" or "Liability" shall mean the Loan Loans and any and all other indebtedness, advances, obligations, covenants, undertakings and liabilities of Borrower and Corporate Guarantor (including amendments, restatements, modifications, extensions and renewals thereof) to ASPEN Fifth Third or any affiliate of ASPEN Fifth Third Bancorp under all documents now or hereafter executed by Borrower and/or Corporate Guarantor in favor of (or acquired by) ASPEN Fifth Third or any affiliate of ASPEN Fifth Third Bancorp (the "Loan Documents") or however created, direct or indirect, now existing or hereafter arising, due or to become due, absolute or contingent, participated in whole or in part, whether evidenced or created by promissory notes, agreements or otherwise, in any manner acquired by or accruing to ASPEN Fifth Third or any affiliate of ASPENFifth Third Bancorp, whether by agreement, assignment or otherwise, as well as any and all obligations of Borrower or Guarantors to ASPEN Fifth Third or any affiliate of ASPENFifth Third Bancorp, whether absolute, contingent or otherwise and howsoever and whensoever (whether now or hereafter) created, including, without limitation, (a) those created, arising, evidenced or acquired (including all renewals, extensions and modifications thereof and substitutions therefor), under or in connection with (i) any and all Rate Management Agreements, and (ii) any and all cancellations, buy-backs, reversals, terminations or assignments of any Rate Management Agreement, (b) obligations of another or others guaranteed or endorsed by Borrower, and (bc) whether or not presently contemplated by the parties on the date hereof, including all costs and expenses incurred in the collection of such indebtedness or the loan referred to herein, taxes levied, insurance and repairs to or for the maintenance of the Collateral hereinafter described. As used herein, "Rate Management Agreement" shall mean any agreement, device or arrangement providing for payments which are related to fluctuations of interest rates, exchange rates, forward rates, or equity prices, including, but not limited to, dollar-denominated or cross-currency interest rate exchange agreements, forward currency exchange agreements, interest rate cap or collar protection agreements, forward rate currency or interest rate options, puts and warrants, and any agreement pertaining to equity derivative transactions (e.g., equity or equity index swaps, options, caps, floors, collars and forwards), including without limitation any ISDA Master Agreement between Borrower or any Guarantor and Fifth Third or any affiliate of Fifth Third Bancorp, and any schedules, confirmations and documents and other confirming evidence between the parties confirming transactions thereunder, all whether now existing or hereafter arising, and in each case as amended, modified or supplemented from time to time. As used in this Agreement, an "Advance" shall mean a sum advanced by Execution Copy ASPEN Fifth Third from time to time under either the Revolving Line of Credit or the Draw Loan, and "Advances" shall mean all such sums collectively. As used in this Agreement, "Availability" shall mean the maximum amount permitted to be drawn by Borrower under the Draw Loan based upon the value of collateral granted by the Individual Guarantors to secure such Advances, as described in paragraph 11(c) of this Agreement and the Draw Note (as defined in paragraph 2 of this Agreement). "Initial Availability" is One Hundred Twenty-Five Thousand Dollars ($125,000.00), based upon delivery of One Thousand One Hundred Sixty (1,160) shares of stock of Lenawee Bancorp, Inc., plus Eleven Thousand Three Hundred Twenty Dollars ($11,320.00) in cash delivered to Fifth Third by Xxxxxxx.

Loan Facilities. ASPEN MVP hereby agrees to lend to Borrower up to the maximum --------------- sum of One Million Five Hundred Thousand Dollars ($1,500,000.00) (hereinafter referred to as the "Loan"), on and subject to the terms and conditions hereinafter set forth. As used in this Agreement, the term "Liabilities" or "Liability" shall mean the Loan and any and all other indebtedness, advances, obligations, covenants, undertakings and liabilities of Borrower and Guarantor (including amendments, restatements, modifications, extensions and renewals thereof) to ASPEN MVP or any affiliate of ASPEN MVP under all documents now or hereafter executed by Borrower and/or Guarantor in favor of (or acquired by) ASPEN MVP or any affiliate of ASPEN MVP (the "Loan Documents") or however created, direct or indirect, now existing or hereafter arising, due or to become due, absolute or contingent, participated in whole or in part, whether evidenced or created by promissory notes, agreements or otherwise, in any manner acquired by or accruing to ASPEN MVP or any affiliate of ASPENMVP, whether by agreement, assignment or otherwise, as well as any and all obligations of Borrower or Guarantors to ASPEN MVP or any affiliate of ASPENMVP, whether absolute, contingent or otherwise and howsoever and whensoever (whether now or hereafter) created, including, without limitation, (a) obligations of another or others guaranteed or endorsed by Borrower, and (b) whether or not presently contemplated by the parties on the date hereof, including all costs and expenses incurred in the collection of such indebtedness or the loan referred to herein, taxes levied, insurance and repairs to or for the maintenance of the Collateral hereinafter described. As used in this Agreement, an "Advance" shall mean a sum advanced by Execution Copy ASPEN MVP from time to time under the Loan, and "Advances" shall mean all such sums collectively.

Loan Facilities. ASPEN hereby agrees to lend to Borrower up to the maximum sum of One Million Five Seven Hundred Thousand Dollars ($1,500,000.001,700,000.00) (hereinafter referred to as the "“Loan"”), on and subject to the terms and conditions hereinafter set forth. As used in this Agreement, the term "Liabilities" or "Liability" shall mean the Loan and any and all other indebtedness, advances, obligations, covenants, undertakings and liabilities of Borrower and Guarantor (including amendments, restatements, modifications, extensions and renewals thereof) to ASPEN or any affiliate of ASPEN under all documents now or hereafter executed by Borrower and/or Guarantor in favor of (or acquired by) ASPEN or any affiliate of ASPEN (the "“Loan Documents"”) or however created, direct or indirect, now existing or hereafter arising, due or to become due, absolute or contingent, participated in whole or in part, whether evidenced or created by promissory notes, agreements or otherwise, in any manner acquired by or accruing to ASPEN or any affiliate of ASPEN, whether by agreement, assignment or otherwise, as well as any and all obligations of Borrower or Guarantors to ASPEN or any affiliate of ASPEN, whether absolute, contingent or otherwise and howsoever and whensoever (whether now or hereafter) created, including, without limitation, (a) obligations of another or others guaranteed or endorsed by Borrower, and (b) whether or not presently contemplated by the parties on the date hereof, including all costs and expenses incurred in the collection of such indebtedness or the loan referred to herein, taxes levied, insurance and repairs to or for the maintenance of the Collateral hereinafter described. As used in this Agreement, an "Advance" shall mean a sum advanced by Execution Copy ASPEN from time to time under the Loan, and "Advances" shall mean all such sums collectively.in