No Further Agreements. THIS WRITTEN AGREEMENT AND THE LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPERANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN AGREEMENTS AMONG THE PARTIES.
No Further Agreements. THIS WRITTEN AGREEMENT 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 OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. EXECUTED as of the date first above written. Very truly yours, ECT MERCHANT INVESTMENTS CORP. By:_________________________ Name:_______________________ Title:______________________ AGREED TO AND ACCEPTED as of the date first above written. KAFUS ENVIRONMENTAL INDUSTRIES LTD. By:_________________________ Name:_______________________ Title:______________________ [ECTMI Amended and Restated Note Agreement]
No Further Agreements. THIS WRITTEN AGREEMENT AND THE LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES. EXECUTED as of the date first above written. KAFUS INDUSTRIES LTD. f/k/a KAFUS ENVIRONMENTAL INDUSTRIES LTD. By: -------------------------------------------- Name: ------------------------------------------ Title: ----------------------------------------- SUNDANCE ASSETS, L.P. By: Ponderosa Assets, L.P., its general partner By: Enron Ponderosa Management Holdings, Inc. By: --------------------------------------- Name: ------------------------------------- Title: ------------------------------------ ECT MERCHANT INVESTMENTS CORP. By: -------------------------------------------- Name: ------------------------------------------ Title: ----------------------------------------- [Second Amendment to Note Agreements] ENA CLO I HOLDING COMPANY I L.P. By: ENA CLO I Holding Company GP L.L.C., its general partner By: -------------------------------------------- Name: ------------------------------------------ Title: ----------------------------------------- ENRON NORTH AMERICA CORP., as Servicer on behalf of ENA CLO I Holding Company I L.P. By: -------------------------------------------- Name: ------------------------------------------ Title: -----------------------------------------
No Further Agreements. While this Agreement is in full force and effect, Seller shall not enter into any other agreement or Letter of Intent to sell the Property.
No Further Agreements. 60 EXHIBITS Exhibit A - Form of Acquisition Certificate Exhibit B - Form of Assignment and Acceptance Exhibit C - Form of Borrowing Base and Compliance Certificate Exhibit D - Form of Continuation/Conversion Request Exhibit E - Form of Guaranty Exhibit F - Form of Revolving Loan Borrowing Request Exhibit G - Form of Revolving Loan Note Exhibit H - Closing Documents List Exhibit I - Form of Joinder Agreement Schedule I - Administrative Information (Borrower; Agent; Banks) Schedule II - Disclosures (Existing Debt and Existing Subsidiaries) CREDIT AGREEMENT This Credit Agreement dated as of December 31, 1997, is among HydroChem Industrial Services, Inc., a Delaware corporation, as Borrower, the financial institutions named herein, as Banks, and NationsBank of Texas, N.A., as Agent for the Banks. The parties hereto agree as follows:
No Further Agreements. THIS WRITTEN AGREEMENT AND THE CREDIT DOCUMENTS REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. EXECUTED as of the date first above written. BORROWER: TYLER CORPORATION By: ---------------------------------------- Briax X. Xxxxxx, Xxce President AGENT: NATIONSBANK OF TEXAS, N.A., as Agent By: --------------------------------------- Willxxx X. Xxxxxxx, Xx. Vice President BANKS: NATIONSBANK OF TEXAS, N.A. By: --------------------------------------- Willxxx X. Xxxxxxx, Xx. Vice President Revolving Loan Commitment: $50,000,000 Exhibit A FORM OF COMPLIANCE CERTIFICATE [date] NationsBank of Texas, N.A., as Agent for the financial institutions parties to the Credit Agreement referred to below 700 Xxxxxxxxx, 0xx Xxxxx Xxxxxxx, Xxxxx 00000 Xxtention: Mr. Xxxxxxx X. Xxxxxxx, Jr. Ladies and Gentlemen: I refer to the Credit Agreement dated as of February 13, 1998 (as the same may be modified from time to time, the "Credit Agreement"), among Tyler Corporation (the "Borrower"), the financial institutions parties thereto, and NationsBank of Texas, N.A., as Agent for such financial institutions, the defined terms of which are used herein unless otherwise defined herein. I hereby certify that I have no knowledge of any Defaults by the Borrower in the observance of any of the provisions in the Credit Agreement which existed as of [_______________] or which exist as of the date of this letter. I also certify that the accompanying consolidated Financial Statements present fairly, in all material respects, the consolidated financial condition of the Borrower as of [_______________], and the related results of operations for the [_______________] then ended, in conformity with generally accepted accounting principles (subject, with respect to financial statements furnished pursuant to Section 5.2(b) of the Credit Agreement, to normal year-end audit adjustments). The following sets forth the information and computations to demonstrate compliance with the requirements of Section 5.5 of the Credit Agreement as of [_______________]: 66
No Further Agreements. 77 8.18 ARBITRATION....................................................................................78 EXHIBITS Exhibit A - Form of Compliance Certificate Exhibit B - Form of Revolving Loan Borrowing Request Exhibit C - Form of Continuation/Conversion Request Exhibit D - Form of Revolving Loan Note Exhibit E - Form of Assignment and Acceptance Exhibit F - Form of Financial Condition Certificate Exhibit G - Form of Joinder Agreement Exhibit H - Form of Swing Line Note Exhibit I - Form of Subsidiary Guaranty SCHEDULES Schedule I - Notice Information Schedule 2.13 - Dormant Guarantors Schedule 3.4 - List of Litigation Schedule 4.12 - List of Unpaid Taxes Schedule 4.19 - List of Locations Schedule 4.20 - List of Insurance Coverages Schedule 4.21 - List of Post-Closing Debt and Liens Schedule 4.23 - Intellectual Property Schedule 5.1 - List of Subsidiaries CREDIT AGREEMENT This Credit Agreement dated as of January 13, 2000, is among EAGLE USA AIRFREIGHT, INC., a Texas corporation as Borrower; the financial institutions named herein and from time to time made a party to this Agreement in accordance with the terms hereof, as Banks; and BANK OF AMERICA, N.A., as Administrative Agent for the Banks. The parties hereto agree as follows:
No Further Agreements. After the date of this Agreement and prior to the Closing Date, FEI shall not, without the prior written consent of Buyer, which may be withheld in Buyer’s sole and absolute discretion, enter into any contract or agreement with respect to the Property which would survive the Closing Date. After the date of this Agreement and prior to the Closing Date, no part of the Property will be alienated, liened, encumbered or otherwise transferred.
No Further Agreements. 61 EXHIBITS Exhibit A - Form of Acquisition Certificate Exhibit B - Form of Assignment and Acceptance Exhibit C - Form of Borrowing Base and Compliance Certificate Exhibit D - Form of Continuation/Conversion Request Exhibit E-1 - Form of Company Guaranty Exhibit E-2 - Form of Subsidiary Guaranty Exhibit F-1 - Form of Company Security Agreement Exhibit F-2 - Form of Subsidiary Security Agreement Exhibit G-1 - Form of Company Pledge Agreement Exhibit G-2 - Form of Subsidiary Pledge Agreement Exhibit H - Form of Revolving Borrowing Request Exhibit I - Form of Revolving Note Exhibit J - Form of Joinder Agreement SCHEDULES Schedule I - Administrative Information Schedule 1.1 - Real Property Schedule 4.10 - Subsidiaries Schedule 5.16(d) - Ershigs and FCI Environmental Action Plans Schedule 5.16(f) - Sefco Environmental Action Plans Schedule 5.16(g) - FCI Environmental Sampling Plans Schedule 5.16(h) - Ershigs Environmental Sampling Plans This Amended and Restated Credit Agreement dated as of March 23, 1998, is among Denali Incorporated, a Delaware corporation, Fluid Containment, Inc., a Delaware corporation, Ershigs, Inc., a Washington corporation, Ershigs Biloxi, Inc., a Mississippi corporation, SEFCO, Inc., an Oklahoma corporation, as Borrowers, the financial institutions named herein, as Banks, and NationsBank of Texas, N.A., as Agent for the Banks. INTRODUCTION
No Further Agreements. 62 EXHIBITS Exhibit A-1 - Form of Compliance Certificate Exhibit A-2 - Form of Borrowing Base Certificate Exhibit B - Form of Borrowing Request Exhibit C - Form of Continuation/Conversion Request Exhibit D-1 - Form of Revolving Credit Note Exhibit D-2 - Form of Term Loan Note Exhibit E - Form of Assignment and Acceptance Exhibit F - Closing Documents List Exhibit G - Form of Joinder Agreement Schedule I - Administrative Information Schedule II - Disclosures Schedule III - Add Back Charges FIRST AMENDED AND RESTATED CREDIT AGREEMENT This First Amended and Restated Credit Agreement dated as of May 12, 2000 is among TETRA Technologies, Inc., a Delaware corporation, as Borrower, the financial institutions named herein, as Banks, and Bank of America, N.A., as Agent for the Banks, and is arranged by Banc of America Securities, L.L.C., as Lead Arranger and Book Manager.
