NOTICE AND AGREEMENT. You understand and agree to the terms and conditions in this VISA Credit Card Agreement. You acknowledge that you have received a copy of the Agreement. This Agreement is a final expression of the agreement between you and OnPoint. This Agreement may not be contradicted by evidence of any oral agreement or alleged oral agreement and contains the terms applicable to the credit transaction.
NOTICE AND AGREEMENT. Borrower, Alterra and Agent hereby take notice of and agree to the following:
A. PURSUANT TO SUBSECTION 26.02(b) OF THE TEXAS BUSINESS AND COMMERCE CODE, A LOAN AGREEMENT IN WHICH THE AMOUNT INVOLVED THEREIN EXCEEDS $50,000 IN VALUE IS NOT ENFORCEABLE UNLESS THE AGREEMENT IS IN WRITING AND SIGNED BY THE PARTY TO BE BOUND OR BY THAT PARTY'S AUTHORIZED REPRESENTATIVE.
B. PURSUANT TO SUBSECTION 26.02(c) OF THE TEXAS BUSINESS AND COMMERCE CODE, THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THE FINANCING DOCUMENTS SHALL BE DETERMINED SOLELY FROM THE FINANCING DOCUMENTS, AND ANY PRIOR ORAL AGREEMENTS BETWEEN THE PARTIES ARE SUPERSEDED BY AND MERGED INTO THE LOAN DOCUMENTS.
C. THE FINANCING DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES THERETO AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES THERETO. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. [THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.]
NOTICE AND AGREEMENT. Pursuant to Section 26.02(e) of the Texas Business and Commercial Code, Borrower takes notice of and covenants and agrees to the following:
(a) No agreement involving a loan of more than $50,000 in value is enforceable unless the agreement is in writing and signed by the party to be bound or by that party’s authorized representative. THUS, AN AGREEMENT OR COMMITMENT TO MAKE SUCH A LOAN MUST BE IN WRITING AND SIGNED BY THE PROPOSED LENDER OR IT WILL NOT BE ENFORCEABLE.
(b) The rights and obligations of Borrower and Lender under the Loan Documents shall be determined solely from the Loan Documents, and any prior oral agreements between Borrower and Lender relating to the Loan are superseded by and merged into the Loan Documents.
(c) The following notice is given pursuant to Section 26.02(e) of the Texas
NOTICE AND AGREEMENT. Alterra, Borrower and Lender hereby take notice of and agree to the following:
NOTICE AND AGREEMENT. You understand and agree to the terms and conditions in this Credit MasterCard® Agreement. You acknowledge that you have received a copy of the Agreement. This Agreement is a final expression of the agreement between you and the Credit Union. This Agreement may not be contradicted by evidence of any oral agreement or alleged oral agreement and contains the terms applicable to the credit transaction.
NOTICE AND AGREEMENT. FIRPTA Certification;
NOTICE AND AGREEMENT. Borrowers, Guarantor, Agent and Lenders hereby take notice of and agree to the following: ORAL AGREEMENTS OR ORAL COMMITMENTS TO LEND MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. [SIGNATURES ON FOLLOWING PAGES] -32- WITNESS the following signatures. BORROWERS: ALS HOLDINGS, INC. By:/s/ Xxxx X. Xxxxxxxxx Name: Xxxx X. Xxxxxxxxx Title: Vice President By:/s/ Xxxx X. Xxxxxxxxx Name: Xxxx X. Xxxxxxxxx Title: Vice President By: /s/ Xxxx X. Xxxxxxxxx Name: Xxxx X. Xxxxxxxxx Title: Vice President By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: First Vice President By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Vice President AMSOUTH BANK, as a Lender By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Vice President THIS DEED IN LIEU OF FORECLOSURE AGREEMENT (this "Agreement") is made as of the ____ day of ____________, 2002 by and among:
NOTICE AND AGREEMENT. Borrowers, Guarantor, Agent and Lenders hereby take notice of and agree to the following: -5- ORAL AGREEMENTS OR ORAL COMMITMENTS TO LEND MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. [SIGNATURES ON FOLLOWING PAGES] -6- WITNESS the following signatures. BORROWERS: ALS HOLDINGS, INC. By: Name: Title: ALS WISCONSIN HOLDINGS, INC. By: Name: Title: GUARANTOR: ALTERRA HEALTHCARE CORPORATION By: Name: Title: AGENT AND LENDERS: WASHINGTON MUTUAL BANK, FA, as Agent and as a Lender By: Name: Title: U.S. BANK NATIONAL ASSOCIATION, f/k/a FIRSTAR BANK MILWAUKEE, N.A., as a Lender By: Name: Title: By: Name: Title: This Final Interim Deficiency Waiver (this "Agreement") is made and entered into this __ day of _______, 200_, by and among Washington Mutual Bank, FA, a federal association which is the successor by merger to Bank United ("Bank United"), U.S. Bank National Association f/k/a Firstar Bank Milwaukee, N.A. and AmSouth Bank (collectively "Lenders") and Washington Mutual Bank, a federal association which is successor by merger to Bank United, in its capacity as agent for Lenders (in such capacity, "Agent") in favor of ALS Holdings, Inc., a Delaware corporation ("Holdings") and ALS Wisconsin Holdings, Inc., a Delaware corporation ("Wisconsin Holdings") (Holdings and Wisconsin Holdings collectively referred to as "Borrowers") and Alterra Healthcare Corporation, a Delaware corporation formerly known as Alternative Living Services, Inc. ("Guarantor").
NOTICE AND AGREEMENT. Borrowers, Guarantor, Agent and Lenders hereby take notice of and agree to the following: ORAL AGREEMENTS OR ORAL COMMITMENTS TO LEND MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. [SIGNATURES ON FOLLOWING PAGES] -5- WITNESS the following signatures. BORROWERS: ALS HOLDINGS, INC. By: Name: Title: ALS WISCONSIN HOLDINGS, INC. By: Name: Title: GUARANTOR: ALTERRA HEALTHCARE CORPORATION By: Name: Title: AGENT AND LENDERS: WASHINGTON MUTUAL BANK, FA, as Agent and as a Lender By: Name: Title: U.S. BANK NATIONAL ASSOCIATION, f/k/a FIRSTAR BANK MILWAUKEE, N.A., as a Lender By: Name: Title: AMSOUTH BANK, as a Lender By: Name: Title: Recording requested by and when recorded return to: Xxxxxxxx & Xxxxxx L.L.P. 0000 Xxxxxxx Xxxxxx, Xxxxx 0000 Xxxxxx, XX 00000 Attention: Xxxxxxxxxxx Xxxxx
NOTICE AND AGREEMENT. So long as Seller or any entity affiliated with or under common control with Seller (together, the “Seller Parties”) owns the 7902 Property, Purchaser shall have a right of first offer to purchase the 7902 Property on the terms and conditions set forth in the Purchase and Sale Agreement.
