Merrxxx Xxxcx Xxxn Documents Sample Clauses

Merrxxx Xxxcx Xxxn Documents. Neither Parent nor PentaStar Corporation recognizes, for GAAP reporting purposes, revenues on payments from, or rights to, the Residual Pool (as defined in the Merrxx Xxxxx Xxxdit Agreement) until such revenues have been received from Ameritech. Neither Parent nor PentaStar Corporation does or will account for such Residual Pool receivables or rights on its balance sheet as Accounts or Receivables. No Borrower (i) has any account with, (ii) has given, or has instructed any other person to give, any cash, credit, deposits, accounts, financial assets, investment property, securities or any other property of any Borrower to, or (iii) is aware that any such cash, credit, deposits, accounts, financial assets, investment property, securities or any other property of any Borrower is in transit to or in the possession, custody or control of, MLBFS, MLPF&S or any agent, bailee, or affiliate of MLBFS or MLPF&S (as such terms are defined in the Merrxxx Xxxcx Xxxdit Agreement), other than the establishment of the WCMA Account (as defined in the Merrxxx Xxxcx Xxxdit Agreement) in existence on the date hereof and any payments to such WCMA Account that are permitted by Section 6.14 hereof. The only service that any Borrower has applied for in connection with such WCMA Account is the "WCMA Commercial Line of Credit," as described in the WCMA Agreement (which term is defined in the Merrxxx Xxxcx Xxxdit Agreement), applied for by PentaStar Corporation. For the avoidance of doubt, no Borrower has established or has any "Securities Account", as described in such WCMA Agreement.
Sample 1
AutoNDA by SimpleDocs
Merrxxx Xxxcx Xxxn Documents. (a) Each Borrower agrees that no Borrower (i) will establish or permit to exist any account with, (ii) will give, or will instruct any other person to give, any cash, credit, deposits, accounts, financial assets, investment property, securities or any other property of any Borrower to, or (iii) will permit any such cash, credit, deposits, accounts, financial assets, investment property, securities or any other property of any Borrower to be in transit to or in the possession, custody or control of, MLBFS, MLPF&S or any agent, bailee, or affiliate of MLBFS or MLPF&S (as such terms are defined in the Merrxxx Xxxcx Xxxdit Agreement), other than the establishment of the WCMA Account (as defined in the Merrxxx Xxxcx Xxxdit Agreement) in existence on the date hereof and any payments to such WCMA Account that are permitted by clause (b) of this Section 6.14.
Sample 1

Related to Merrxxx Xxxcx Xxxn Documents

  • No Action Except Under Specified Documents The Interim Eligible Lender Trustee shall not otherwise deal with the Interim Trust Loans except in accordance with the powers granted to and the authority conferred upon the Interim Eligible Lender Trustee pursuant to this Agreement, the Purchase Agreements and the Sale Agreement.

  • Complete and Final Agreement This Guaranty and the other Loan Documents represent the final agreement between the parties and may not be contradicted by evidence of prior, contemporaneous or subsequent oral agreements. There are no unwritten oral agreements between the parties. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Guaranty and the other Loan Documents. Guarantor acknowledges that Guarantor has received a copy of the Note and all other Loan Documents. Neither this Guaranty nor any of its provisions may be waived, modified, amended, discharged, or terminated except by a writing signed by the party against which the enforcement of the waiver, modification, amendment, discharge, or termination is sought, and then only to the extent set forth in that writing.

  • Reference to and Effect on the Transaction Documents (a) Upon the effectiveness of this Amendment, (i) each reference in the Credit Agreement to “this Credit Agreement”, “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import shall mean and be a reference to the Credit Agreement as amended or otherwise modified hereby, and (ii) each reference to the Credit Agreement in any other Transaction Document or any other document, instrument or agreement executed and/or delivered in connection therewith, shall mean and be a reference to the Credit Agreement as amended or otherwise modified hereby.

  • Amendments to Transaction Documents On and after the Closing Date, each of the Transaction Documents are hereby amended as follows:

  • Compliance with Transaction Documents The Company shall comply with, observe and timely perform each and every one of the covenants, agreements and obligations under the Transaction Documents.

  • Amendment of Material Documents No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or operating, management or partnership agreement, or other organizational or governing documents, to the extent any such amendment, modification or waiver would be adverse to the Lenders.

  • Certain Documents The Administrative Agent shall have received on or prior to the Closing Date each of the following, each dated the Closing Date unless otherwise agreed by the Administrative Agent, in form and substance satisfactory to the Administrative Agent and each Lender:

  • Inconsistencies with Other Documents; Independent Effect of Covenants (a) In the event there is a conflict or inconsistency between this Agreement and any other Loan Document, the terms of this Agreement shall control; provided, that any provision of the Security Documents which imposes additional burdens on the Borrower or its Subsidiaries or further restricts the rights of the Borrower or its Subsidiaries or gives the Administrative Agent or Lenders additional rights shall not be deemed to be in conflict or inconsistent with this Agreement and shall be given full force and effect.

  • No Conflict; Material Agreements; Consents Neither the execution and delivery of this Agreement or the other Loan Documents by any Loan Party nor the consummation of the transactions herein or therein contemplated or compliance with the terms and provisions hereof or thereof by any of them will conflict with, constitute a default under or result in any breach of (i) the terms and conditions of the certificate of incorporation, bylaws, certificate of limited partnership, partnership agreement, certificate of formation, limited liability company agreement or other organizational documents of any Loan Party or (ii) any Law or any material agreement or instrument or order, writ, judgment, injunction or decree to which any Loan Party or any of its Subsidiaries is a party or by which it or any of its Subsidiaries is bound or to which it is subject, or result in the creation or enforcement of any Lien, charge or encumbrance whatsoever upon any property (now or hereafter acquired) of any Loan Party or any of its Subsidiaries (other than Liens granted under the Loan Documents). There is no default under such material agreement (referred to above) and none of the Loan Parties or their Subsidiaries is bound by any contractual obligation, or subject to any restriction in any organization document, or any requirement of Law which could result in a Material Adverse Change. No consent, approval, exemption, order or authorization of, or a registration or filing with, any Official Body or any other Person is required by any Law or any agreement in connection with the execution, delivery and carrying out of this Agreement and the other Loan Documents.

  • Amendment to Material Documents The Borrower will not, and will not permit any Subsidiary to, amend, modify or waive any of its rights in a manner materially adverse to the Lenders under its certificate of incorporation, bylaws or other organizational documents.

Time is Money Join Law Insider Premium to draft better contracts faster.