NOTICE OF FINAL AGREEMENT. This Written Loan 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. In Witness Whereof, the parties hereto have caused this Agreement to be duly executed by their duly authorized representatives as of the date first above written. Borrower: National Instruments Corporation [Corporate Seal] By: /s/ Xxxx Xxxxxx Xxxx Xxxxxx, Chief Financial Officer Attest: /s/ Xxxxx Xxxxxx Xxxxx Xxxxxx, Secretary Bank: NationsBank, N.A. (a national banking association) By: /s/ Xxxx Xxxxxx Xxxx Xxxxxx, Vice President PROMISSORY NOTE Date: June 30, 1998 New Amount: $20,000,000.00 Maturity Date: December 31, 1999 Bank: Borrower: NationsBank, N.A. National Instruments Corporation Banking Center: Austin 11500 N. Mopac Expressway 00xx Xxxxx, XxxxxxxXxxx Xxxxx Xxxxxx, Xxxxx 00000 000 Xxxxxxxx Xxxxxx (Xxxxxx Xxxxxx) Austin, Texas 78701 (Xxxxxx County) (Name and street address, (Street address including county) including county) ========================================= ====================================== For Value Received, the undersigned Borrower unconditionally (and jointly and severally, if more than one) promises to pay to the order of Bank, its successors and assigns, without setoff, at its offices indicated at the beginning of this Note, or at such other place as may be designated by Bank, the principal amount of Twenty Million and 00/100 Dollars ($20,000,000.00), or so much thereof as may be advanced from time to time in immediately available funds, together with interest computed daily on the outstanding principal balance hereunder, at an annual interest rate, and in accordance with the payment schedule, indicated below. This Note is executed pursuant to and shall be governed by the Loan Agreement dated June 30, 1998, executed by Borrower and Bank (as the same may be modified, amended, and restated from time to time, the "Loan Agreement"). Defined terms used in this Note and otherwise not defined herein shall have the meaning given such terms in the Loan Agreement. The Loan Agreement sets forth certain rights and obligations of the parties and certain provisions concerning this Note, such as (without limitation) events of default, notice of default and opportunity to cure default. To the extent, if any, that the Loan Agreement is inconsistent with this Note, the Loan Agreement shall control.

Appears in 1 contract

Samples: Loan Agreement (National Instruments Corp /De/)

NOTICE OF FINAL AGREEMENT. ~~This Written~~ (a) In connection with the Loans, Borrower, Guarantors, and Lender have executed and delivered this Loan Agreement and the ~~Other~~ Loan Documents ~~Represent~~ (collectively the ~~Final Agreement Between~~ "Written Loan Agreement"). (b) It is the ~~Parties~~ intention of Borrower, Guarantors, and ~~May Not Be Contradicted~~ Lender that this paragraph be incorporated by ~~Evidence of Prior, Contemporaneous or Subsequent Oral Agreements~~ reference into each of the Parties. There Are No Unwritten Oral Agreements Between the Parties. In Witness Whereof, the parties hereto have caused this Agreement to be duly executed by their duly authorized representatives as of the date first above writtenLoan Documents. Borrower~~: National Instruments Corporation [Corporate Seal]~~ , Guarantors, and Lender each warrant and represent that their entire agreement with respect to the Loans is contained within the Written Loan Agreement, and that no agreements or promises have been made by, or exist by or among, Borrower, Guarantors, and Lender that are not reflected in the Written Loan Agreement. (c) THE WRITTEN LOAN AGREEMENT REPRESENTS 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 AGREEMENTS BETWEEN THE PARTIES. If the foregoing correctly sets forth our agreement, please so acknowledge by signing and returning the additional copy of this Loan Agreement enclosed to me. Yours very truly, MERIDIAN BANK TEXAS By: /s/ Xxxx ~~Xxxxxx~~ Van Son -------------------------------- Xxxx ~~Xxxxxx~~Van Son, ~~Chief Financial Officer Attest~~Senior Vice President Accepted and agreed to this 7th day of December, 2009: ~~/s/ Xxxxx Xxxxxx Xxxxx Xxxxxx~~BORROWER: GATEWAY ENERGY CORPORATION GATEWAY ENERGY CORPORATION DECEMBER 7, ~~Secretary Bank: NationsBank, N.A. (a national banking association)~~ 2009 Page 24 of 29 By: /s/ ~~Xxxx~~ Xxxxxx ~~Xxxx Xxxxxx~~Xxxxxx ------------------------------- Name: Xxxxxx Xxxxxx Title: President and Chief Executive Officer GATEWAY ENERGY CORPORATION DECEMBER 7, ~~Vice~~ 2009 Page 25 of 29 GUARANTORS: GATEWAY PIPELINE COMPANY GATEWAY OFFSHORE PIPELINE COMPANY By: /s/ Xxxxxx Xxxxxx By: /s/ Xxxxxx Xxxxxx ------------------------------- ------------------------------ Name: Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: President Title: President GATEWAY PROCESSING COMPANY GATEWAY ENERGY MARKETING COMPANY By: /s/ Xxxxxx Xxxxxx By: /s/ Xxxxxx Xxxxxx ------------------------------- ------------------------------ Name: Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: President Title: President Exhibits and Schedules ---------------------- Exhibit A - Revolving Note Exhibit B - Compliance Certificate Schedule 1 - Deed of Trust Schedule 2 - Organizational Chart Schedule 3 - Existing Debts EXHIBIT A MERIDIAN BANK TEXAS REVOLVING PROMISSORY NOTE ~~Date: June 30, 1998 New Amount:~~ ------------------------- $20,000,000.00 Maturity Date: December 31, 1999 Bank: Borrower: NationsBank, N.A. National Instruments Corporation Banking Center: Austin 11500 N. Mopac Expressway 00xx Xxxxx, XxxxxxxXxxx Xxxxx Xxxxxx, Xxxxx 00000 000 Xxxxxxxx Xxxxxx (Xxxxxx Xxxxxx) Austin6,000,000.00 Fort Worth, Texas ~~78701 (Xxxxxx County) (Name and street address~~December 7, (Street address including county) including county) ========================================= ====================================== For Value Received, the undersigned Borrower unconditionally (and jointly and severally, if more than one) promises to pay to the order of Bank, its successors and assigns, without setoff, at its offices indicated at the beginning of this Note, or at such other place as may be designated by Bank, the principal amount of Twenty Million and 00/100 Dollars ($20,000,000.00), or so much thereof as may be advanced from time to time in immediately available funds, together with interest computed daily on the outstanding principal balance hereunder, at an annual interest rate, and in accordance with the payment schedule, indicated below. This Note is executed pursuant to and shall be governed by the Loan Agreement dated June 30, 1998, executed by Borrower and Bank (as the same may be modified, amended, and restated from time to time, the "Loan Agreement"). Defined terms used in this Note and otherwise not defined herein shall have the meaning given such terms in the Loan Agreement. The Loan Agreement sets forth certain rights and obligations of the parties and certain provisions concerning this Note, such as (without limitation) events of default, notice of default and opportunity to cure default. To the extent, if any, that the Loan Agreement is inconsistent with this Note, the Loan Agreement shall control.2009

Appears in 1 contract

Samples: Loan Agreement (Gateway Energy Corp/Ne)

NOTICE OF FINAL AGREEMENT. ~~This Written Loan Agreement and the Other Loan Documents Represent the Final Agreement Between the Parties and May Not Be Contradicted by Evidence of Prior~~THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS EMBODY THE FINAL, ~~Contemporaneous or Subsequent Oral Agreements of the Parties~~ENTIRE AGREEMENT AMONG THE PARTIES HERETO AND THERETO AND SUPERSEDE ANY AND ALL PRIOR COMMITMENTS, AGREEMENTS, REPRESENTATIONS, AND UNDERSTANDINGS, WHETHER WRITTEN OR ORAL, RELATING TO THE SUBJECT MATTER HEREOF AND THEREOF AND MAY NOT BE CONTRADICTED OR VARIED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OR DISCUSSIONS OF THE PARTIES HERETO OR THERETO. ~~There Are No Unwritten Oral Agreements Between the Parties~~THERE ARE NO ORAL AGREEMENTS AMONG THE PARTIES HERETO OR THERETO. ~~In Witness Whereof, the parties hereto have caused this Agreement~~ THE PROVISIONS OF THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS MAY BE AMENDED OR WAIVED ONLY BY AN INSTRUMENT IN WRITING SIGNED BY THE RESPECTIVE PARTIES TO SUCH DOCUMENTS. EXECUTED to be ~~duly executed by their duly authorized representatives~~ effective as of the date first above written. ~~Borrower~~ADMINISTRATIVE AGENT: ~~National Instruments Corporation [~~TEXAS CAPITAL BANK, NATIONAL ASSOCIATION By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Vice President LENDER: TEXAS CAPITAL BANK, NATIONAL ASSOCIATION By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Vice President LENDER: BANK OF AMERICA, N.A. By: /s/ Xxxxxxxx Xxxxxxxxx Name: Xxxxxxxx Xxxxxxxxx Title: Vice President LENDER: FIFTH THIRD BANK By: /s/ Talianna Xxxxxxx Xxxxx Name: Talianna Xxxxxxx Manne Title: Senior Vice President LENDER: VECTRA BANK COLORADO, NA, A NATIONAL BANKING ASSOCIATION By: /s/ Xxxx Xxxx Name: Xxxx Xxxx Title: SVP – Manager Corporate ~~Seal]~~ Real Estate LENDER: COMPASS BANK, AN ALABAMA BANKING CORPORATION By: /s/ Xxx Xxxxxx Name: Xxx Xxxxxx Title: Senior Vice President LENDER: JPMORGAN CHASE BANK, N.A. By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Vice President LENDER: DEUTSCHE BANK AG NEW YORK BRANCH By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Vice President By: /s/ Xxxx Xxxxxx Name: Xxxx ~~Xxxxxx~~Xxxxxx Title: Managing Director LENDER: BANK MIDWEST, ~~Chief Financial Officer Attest: /s/ Xxxxx Xxxxxx Xxxxx Xxxxxx~~A DIVISION OF NBH BANK, ~~Secretary Bank: NationsBank~~A COLORADO STATE BANK (FORMERLY KNOWN AS NBH BANK, ~~N.A. (a national banking association~~N.A.) By: /s/ ~~Xxxx~~ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: VP, Senior Portfolio Manager LENDER: U.S. BANK NATIONAL ASSOCIATION By: /s/ Xxxxxx Xxxx ~~Xxxxxx,~~ Name: Xxxxxx Xxxx Title: Sr. Vice President ~~PROMISSORY NOTE Date~~LENDER: ~~June 30, 1998 New Amount: $20,000,000.00 Maturity Date: December 31, 1999 Bank: Borrower: NationsBank~~CITIBANK, N.A. ~~National Instruments Corporation Banking Center~~By: ~~Austin 11500 N. Mopac Expressway 00xx Xxxxx~~/s/ Xxxx Xxx Xxxxxxxxx Name: Xxxx Xxx Xxxxxxxxx Title: Vice President LENDER: FLAGSTAR BANK, ~~XxxxxxxXxxx~~ FSB, a federally chartered savings bank By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Vice President BORROWER: CENTURY COMMUNITIES, INC., a Delaware corporation By: /s/ Xxxxx ~~Xxxxxx~~Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Chief Financial Officer GUARANTOR: AUGUSTA POINTE, LLC, a Colorado limited liability company By: /s/ Xxxxx ~~00000 000 Xxxxxxxx Xxxxxx (Xxxxxx Xxxxxx) Austin~~Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory AVALON AT INVERNESS, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory BEACON POINTE, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory BLACKSTONE HOMES, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CC COMMUNITIES, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CCC HOLDINGS, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CCH HOMES, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT ASH XXXXXXX, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT BEACON POINTE, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT XXXXX, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT XXXXXXXX, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT CAROUSEL FARMS, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT HARVEST XXXXXXX, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT LOR, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT XXXXX, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT MIDTOWN, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT MILLENNIUM, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT XXXXXX CREEK, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT OUTLOOK, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT SALISBURY HEIGHTS, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT SOUTHSHORE, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT TERRAIN, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT THE GROVE, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT VISTA RIDGE, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT WOLF RANCH, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY CITY, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY COMMUNITIES OF NEVADA, LLC, a Delaware limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY COMMUNITIES OF NEVADA REALTY, LLC, a Nevada limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY LAND HOLDINGS, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY LAND HOLDINGS II, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY LAND HOLDINGS OF TEXAS, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY XXXXXX RANCH GC, LLC, a Delaware limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY TUSCANY GC, LLC, a Delaware limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CHERRY HILL PARK, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory COTTAGES AT WILLOW PARK, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CROWN HILL, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory ENCLAVE AT XXXX XXXXX, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory ENCLAVE AT CHERRY CREEK, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory ESTATES AT XXXXXXXXX FARMS, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory HEARTH AT OAK XXXXXXX, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory HOMETOWN, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory LAKEVIEW FORT XXXXXXX, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory MADISON ESTATES, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory MERIDIAN RANCH, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory MONTECITO AT RIDGEGATE, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory NEIGHBORHOOD ASSOCIATIONS GROUP, LLC, a Delaware limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory RESERVE AT HIGHPOINTE ESTATES, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory RESERVE AT THE XXXXXXX, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory SADDLEBACK HEIGHTS, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory SADDLE ROCK GOLF, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory STETSON RIDGE HOMES, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory THE VISTAS AT NOR’WOOD, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory VENUE AT ARISTA, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory VERONA ESTATES, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory VILLAS AT XXXXXX CREEK, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory WATERSIDE AT HIGHLAND PARK, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory WILDGRASS, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY COMMUNITIES OF GEORGIA, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CCG CONSTRUCTORS LLC, a Georgia limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CCG REALTY GROUP LLC, a Georgia limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT LITTLETON VILLAGE, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT THE XXXXXXX, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT XXXXXXXX, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT WILDGRASS, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY GROUP LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT LANDMARK, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT OBSERVATORY HEIGHTS, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory HORIZON BUILDING SERVICES, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory SWMJ CONSTRUCTION, INC., a Texas ~~78701 (Xxxxxx County) (Name and street address~~corporation By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Vice President AVR A, ~~(Street address including county) including county) ========================================= ====================================== For Value Received~~LLC, ~~the undersigned Borrower unconditionally (and jointly and severally~~a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory AVR B, ~~if more than one) promises to pay to the order of Bank~~LLC, ~~its successors and assigns~~a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory AVR C, ~~without setoff~~LLC, ~~at its offices indicated at the beginning of this Note~~a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT CLAREMONT RANCH, ~~or at such other place as may be designated by Bank~~LLC, ~~the principal amount of Twenty Million and 00/100 Dollars ($20,000,000.00)~~a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY COMMUNITIES CONSTRUCTION, ~~or so much thereof as may be advanced from time to time in immediately available funds~~LLC, ~~together with interest computed daily on the outstanding principal balance hereunder~~a Utah limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY COMMUNITIES OF UTAH, ~~at an annual interest rate~~LLC, ~~and in accordance with the payment schedule~~a Utah limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY LAND HOLDINGS OF UTAH, ~~indicated below. This Note is executed pursuant to and shall be governed by the Loan Agreement dated June 30~~LLC, ~~1998~~a Utah limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory HOMETOWN SOUTH, ~~executed by Borrower and Bank (as the same may be modified~~LLC, ~~amended~~a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory PARK 5TH AVENUE DEVELOPMENT CO., ~~and restated from time to time~~LLC, the "Loan Agreement"). Defined terms used in this Note and otherwise not defined herein shall have the meaning given such terms in the Loan Agreement. The Loan Agreement sets forth certain rights and obligations of the parties and certain provisions concerning this Notea Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory WESTOWN CONDOMINIUMS, ~~such as (without limitation) events of default~~LLC, ~~notice of default and opportunity to cure default. To the extent~~a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory WESTOWN TOWNHOMES, ~~if any~~LLC, ~~that the Loan Agreement is inconsistent with this Note, the Loan Agreement shall control.~~a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory

Appears in 1 contract

Samples: Modification Agreement (Century Communities, Inc.)

NOTICE OF FINAL AGREEMENT. ~~This Written~~ (a) In connection with the Loans, Borrower, Guarantor, and Bank have executed and delivered this Loan Agreement and the ~~Other~~ Loan Documents ~~Represent~~ (collectively the ~~Final Agreement Between~~ "Written Loan Agreement"). (b) It is the ~~Parties~~ intention of Borrower, Guarantor, and ~~May Not Be Contradicted~~ Bank that this paragraph be incorporated by ~~Evidence of Prior, Contemporaneous or Subsequent Oral Agreements~~ reference into each of the Parties. There Are No Unwritten Oral Agreements Between the Parties. In Witness Whereof, the parties hereto have caused this Agreement to be duly executed by their duly authorized representatives as of the date first above writtenLoan Documents. Borrower~~: National Instruments Corporation [Corporate Seal]~~ , Guarantor, and Bank each warrant and represent that their entire agreement with respect to the Loans is contained within the Written Loan Agreement, and that no agreements or promises have been made by, or exist by or among, Borrower, Guarantor, and Bank that are not reflected in the Written Loan Agreement. (c) THE WRITTEN LOAN AGREEMENT REPRESENTS 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 AGREEMENTS BETWEEN THE PARTIES. If the foregoing correctly sets forth our agreement, please so acknowledge by signing and returning the additional copy of this Loan Agreement enclosed to me. Yours very truly, BANK OF TEXAS, N.A. By: /s/ ~~Xxxx Xxxxxx Xxxx Xxxxxx~~Timoxxx X. Xxxxxxx ---------------------------------------- Timoxxx X. Xxxxxxx, ~~Chief Financial Officer Attest~~Senior Vice President Accepted and agreed to this 1st day of March, 2001: ~~/s/ Xxxxx Xxxxxx Xxxxx Xxxxxx~~BORROWER: GUARANTOR: GREKA AM, ~~Secretary Bank: NationsBank, N.A. (a national banking association)~~ INC. GREKA ENERGY CORPORATION By: /s/ ~~Xxxx~~ Richxxx X. Xxxxxxx By: /s/ Susax Xxxxxx ~~Xxxx~~ -------------------------------- ---------------------------------- Richxxx X. Xxxxxxx, Susax Xxxxxx, Vice President Secretary Exhibits and Schedules A - Revolving Note B - Compliance Certificate C - Wellx xxx Title Opinions D - Title Matters 23 EXHIBIT "A" REVOLVING PROMISSORY NOTE ~~Date: June 30~~$75,000,000.00 Dallas, ~~1998 New Amount: $20,000,000.00~~ Texas March 1, 2001 PROMISE TO PAY. For value received, on or before March 1, 2004 ("Maturity Date~~: December 31~~"), ~~1999 Bank:~~ GREKA AM, INC., a Colorado corporation ("Borrower~~: NationsBank~~"), N.A. National Instruments Corporation Banking Center: Austin 11500 N. Mopac Expressway 00xx Xxxxx, XxxxxxxXxxx Xxxxx Xxxxxx, Xxxxx 00000 000 Xxxxxxxx Xxxxxx (Xxxxxx Xxxxxx) Austin, Texas 78701 (Xxxxxx County) (Name and street address, (Street address including county) including county) ========================================= ====================================== For Value Received, the undersigned Borrower unconditionally (and jointly and severally, if more than one) promises to pay to the order of BANK OF TEXAS, NATIONAL ASSOCIATION ("Bank~~, its successors and assigns, without setoff~~"), at its offices ~~indicated~~ in Dallas County, Texas at ~~the beginning of this Note~~5956 Xxxxxx Xxxx, ~~or at such other place as may be designated by Bank~~Xxite 1100, Dallas, Texas 75225, the principal amount of ~~Twenty~~ Seventy Five Million ~~and 00/100~~ Dollars ($~~20,000,000.00~~75,000,000.00) ("Total Principal Amount"), or ~~so much thereof as may be~~ such amount less than the Total Principal Amount which has been advanced ~~from time~~ to ~~time in immediately available funds~~Borrower under this Promissory Note ("Note"), together with interest ~~computed daily~~ on the outstanding principal balance hereunder, at an annual interest rate, and in accordance with the payment schedule, indicated below. This Note is executed pursuant to and shall be governed by the Loan Agreement dated June 30, 1998, executed by Borrower and Bank (as the same may be modified, amended, and restated from time to time, the "Loan Agreement"). Defined terms used in this Note and otherwise not defined herein shall have the meaning given such terms in the Loan Agreement. The Loan Agreement sets forth certain rights and obligations portion of the ~~parties and certain provisions concerning this Note, such as (without limitation) events of default, notice of default and opportunity~~ Total Principal Amount advanced to ~~cure default. To~~ Borrower from the ~~extent, if any, that~~ date advanced until paid at the ~~Loan Agreement is inconsistent with this Note, the Loan Agreement shall control~~rates per annum provided below.

Appears in 1 contract

Samples: Loan Agreement (Greka Energy Corp)

Appears in 1 contract

Samples: Extension Agreement (Rapid Link Inc)

Appears in 1 contract

Samples: Modification Agreement (Century Communities, Inc.)

Appears in 1 contract

Samples: Extension Agreement (Rapid Link Inc)

NOTICE OF FINAL AGREEMENT. ~~This Written Loan Agreement and the Other Loan Documents Represent the Final Agreement Between the Parties and May Not Be Contradicted by Evidence of Prior~~THIS 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~~CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. ~~There Are No Unwritten Oral Agreements Between the Parties~~THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. ~~In Witness Whereof, the parties hereto have caused this Agreement~~ [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK; EXECUTED to be ~~duly executed by their duly authorized representatives~~ effective as of the date first ~~above written~~written above. ~~Borrower: National Instruments Corporation [Corporate Seal]~~ CRYO-CELL INTERNATIONAL, INC., a Delaware corporation By: /s/ ~~Xxxx Xxxxxx Xxxx Xxxxxx~~Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Chairman, ~~Chief Financial Officer Attest~~Co-CEO Address for Notices: 000 Xxxxxxx Xxxxx Blvd., Suite 1800 Oldsmar, FL 34677 Fax No.: 000.000.0000 Telephone No.: 0.000.000.0000 Attention: Xxxxx Xxxxxxx e-mail: xxxxxxxx@xxxx-xxxx.xxx By: /s/ Xxxxx ~~Xxxxxx~~ Xxxxxxx Name: Xxxxx Xxxxxxx Title: Executive Vice President Address for Notices: 00 Xxx Xxxxxxx Xxxxxxxxx, Xxxxx 000 Xxxxxx, ~~Secretary Bank~~XX 00000 Fax No.: ~~NationsBank, N.A.~~ 512.305-4001 Telephone No.: 512.305-4075 Attention: Xxxxx Xxxxxxx e-mail: xxxxx.xxxxxxx@xxxxxxxxxxxxxxxx.xxx FOR MONTH/QUARTER ENDED _______________________ (~~a national banking association~~THE “SUBJECT PERIOD”) ByLENDER: /s/ Xxxx Xxxxxx Xxxx Xxxxxx, Vice President PROMISSORY NOTE Date: June 30, 1998 New Amount: $20,000,000.00 Maturity Date: December 31, 1999 Bank: Borrower: NationsBank, N.A. National Instruments Corporation Banking Center: Austin 11500 N. Mopac Expressway 00xx Xxxxx, XxxxxxxXxxx Xxxxx Xxxxxx, Xxxxx 00000 000 Xxxxxxxx Xxxxxx (Xxxxxx Xxxxxx) Austin, Texas 78701 (Xxxxxx County) (Name and street address, (Street address including county) including county) ========================================= ====================================== For Value Received, the undersigned Borrower unconditionally (and jointly and severally, if more than one) promises to pay to the order of Capital Bank, ~~its successors~~ National Association BORROWER: CRYO-CELL INTERNATIONAL, INC., a Delaware corporation This Compliance Certificate (this “Certificate”) is delivered under the Credit Agreement (the “Credit Agreement”) dated as of May [____], 2016, by and assigns, without setoff, at its offices indicated at the beginning of this Note, or at such other place as may be designated by Bank, the principal amount of Twenty Million and 00/100 Dollars ($20,000,000.00), or so much thereof as may be advanced from time to time in immediately available funds, together with interest computed daily on the outstanding principal balance hereunder, at an annual interest rate, and in accordance with the payment schedule, indicated below. This Note is executed pursuant to and shall be governed by the Loan Agreement dated June 30, 1998, executed by between Borrower and ~~Bank (as the same may be modified, amended, and restated from time to time, the "Loan Agreement")~~Lender. ~~Defined~~ Capitalized terms used in this ~~Note and~~ Certificate shall, unless otherwise ~~not defined herein shall~~ indicated, have the ~~meaning given such terms~~ meanings set forth in the ~~Loan~~ Credit Agreement. The ~~Loan Agreement sets forth certain rights and obligations~~ undersigned hereby certifies to Lender as of the ~~parties~~ date hereof that: (a) he/she is the ___________________ of Borrower, and ~~certain provisions concerning~~ that, as such, he/she is authorized to execute and deliver this ~~Note~~Certificate to Lender on behalf of Borrower; (b) he/she has reviewed and is familiar with the terms of the Credit Agreement and has made, ~~such as~~ or has caused to be made under his/her supervision, a detailed review of the transactions and condition (~~without limitation~~financial or otherwise) ~~events~~ of ~~default~~Borrower during the Subject Period; (c) during the Subject Period, ~~notice~~ Borrower performed and observed each covenant and condition of ~~default and opportunity to cure default. To the extent, if any, that~~ the Loan ~~Agreement is inconsistent~~ Documents applicable to it and no Event of Default or Potential Default currently exists or has occurred which has not been cured or waived by Lender; (d) the representations and warranties of Borrower contained in Article VI of the Credit Agreement, and any representations and warranties of Borrower that are contained in any document furnished at any time under or in connection with the Loan Documents, are true and correct on and as of the date hereof, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this ~~Note~~Certificate, the ~~Loan~~ representations and warranties contained in Section 6.2 of the Credit Agreement shall ~~control.~~be deemed to refer to the most recent statements furnished pursuant to Section 7.1 of the Credit Agreement, including the statements in connection with which this Certificate is delivered; (e) the financial statements of Borrower attached to this Certificate were prepared in accordance with GAAP, and present, on a consolidated basis, fairly and accurately the financial condition and results of operations of Borrower and its Subsidiaries as of the end of and for the Subject Period; (f) the financial covenant analyses and information set forth below are true and accurate on and as of the date of this Certificate; and (g) the status of compliance by Borrower with certain covenants of the Credit Agreement at the end of the Subject Period is as set forth below:

Appears in 1 contract

Samples: Credit Agreement (Cryo Cell International Inc)

NOTICE OF FINAL AGREEMENT. ~~This Written~~ (a) In connection with the Loans, Borrowers, Agent, and Banks have executed and delivered this Loan Agreement and the ~~Other~~ Loan Documents ~~Represent~~ (collectively the ~~Final Agreement Between~~ AWritten Loan Agreement@). (b) It is the ~~Parties~~ intention of Borrowers, Agent, and ~~May Not Be Contradicted~~ Banks that this paragraph be incorporated by ~~Evidence of Prior, Contemporaneous or Subsequent Oral Agreements~~ reference into each of the ~~Parties~~Loan Documents. ~~There Are No Unwritten Oral Agreements Between~~ Borrowers, Agent, and Banks each warrant and represent that their entire agreement with respect to the ~~Parties~~Loans is contained within the Written Loan Agreement, and that no agreements or promises have been made by, or exist by or among, Borrowers, Agent, and Banks that are not reflected in the Written Loan Agreement. (c) THE WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. ~~In Witness Whereof~~THERE ARE NO UNWRITTEN AGREEMENTS BETWEEN THE PARTIES. If the foregoing correctly sets forth our agreement, please so acknowledge by signing and returning the ~~parties hereto have caused~~ additional copy of this Loan Agreement enclosed to ~~be duly executed by their duly authorized representatives as~~ me. Yours very truly, AGENT: Bank of ~~the date first above written. Borrower: National Instruments Corporation [Corporate Seal]~~ Texas, N.A. By: /s/ Xxxx Xxxxxx Xxxx Xxxxxx, ~~Chief Financial Officer Attest~~Senior Vice President Tandem Energy Corporation, et al March 14, 2008 Page 26 of 26 Accepted and agreed to this 14th day of March, 2008: BORROWERS: Tandem Energy Corporation By: /s/ ~~Xxxxx Xxxxxx Xxxxx Xxxxxx~~Xxxxxxx X. Xxxxxxxxxx Xxxxxxx X. Xxxxxxxxxx, ~~Secretary Bank~~Senior Vice President PER Gulf Coast, Inc. By: ~~NationsBank~~/s/ Xxxxxxx X. Xxxxxxxxxx Xxxxxxx X. Xxxxxxxxxx, Senior Vice President BANKS: Bank of Texas, N.A. ~~(a national banking association)~~ By: /s/ Xxxx Xxxxxx Xxxx Xxxxxx, Senior Vice President ~~PROMISSORY NOTE Date~~Exhibits and Schedules: ~~June 30~~Schedule 1 - Banks and Percentage Share Schedule 2 - Required Hedge Transactions Schedule 3 - Existing Hedge Transactions Exhibit A - Revolving Note Exhibit B - Compliance Certificate Banks Commitment Amount Commitment Percentage Face Amount of Note Bank of Texas, ~~1998 New Amount~~N.A. $35,000,000.00 100.00000% $100,000,000.00 Totals: $~~20,000,000.00 Maturity Date~~35,000,000.00 100.00000% $100,000,000.00 Banks Lending Office Address for Notice Bank of Texas, N.A. Bank of Texas, N.A. Attention: Xxxx Xxxxxx, Senior Vice President 5 Houston Center 0000 XxXxxxxx, Suite 1650 Houston, Texas 77010 Fax Number (000) 000-0000 Bank of Texas, N.A. Attention: Xxxx Xxxxxx, Senior Vice President 5 Houston Center 0000 XxXxxxxx, Suite 1650 Houston, Texas 77010 Fax Number (000) 000-0000 Administrative Agent Address for Notice Bank of Texas, N.A. Bank of Texas, N.A. Attention: Xxxx Xxxxxx, Senior Vice President 5 Houston Center 0000 XxXxxxxx, Xxxxx 0000 Xxxxxxx, Xxxxx 00000 Fax Number (000) 000-0000 Type of Hedge Transaction Period Minimum Price Volume 1. Crude Oil Swaps January 1, 2009 - $71.00 per bbl 10,000 bbls per month December 31, ~~1999 Bank~~2009 2. Crude Oil Puts January 1, 2010 - $75.00 per bbl 10,000 bbls per month December 31, 2010 3. Crude Oil Puts December 1, 2010 - $85.00 per bbl 10,000 bbls per month December 31, 2010 4. Crude Oil Puts January 1, 2011 - $80.00 per bbl 10,000 bbls per month December 31, 2011 5. Crude Oil Collar January 1, 2008 - $40.00 per bbl floor 12,500 bbls per month October 31, 2008 $67.00 per bbl ceiling 6. Natural Gas Collar January 1, 2008 - $5.00 per mcf floor 35 MMcf per month October 31, 2008 $9.10 per mcf ceiling A. ISDA Master Agreement dated __________________, between Tandem Energy Corporation and Shell Trading (U.S.) Company, with the following outstanding Hedge Transactions: ~~Borrower~~[Note to Borrowers: ~~NationsBank~~please identify which of the existing xxxxxx are with Shell and with BP and please also make sure that we have all of the net positions covered.] 1. Crude Oil Puts January 1, ~~N.A. National Instruments~~ 2010 - $75.00 per bbl 10,000 bbls per month December 31, 2010 2. Crude Oil Puts December 1, 2010 - $85.00 per bbl 10,000 bbls December 31, 2010 3. Crude Oil Puts January 1, 2011 - $80.00 per bbl 10,000 bbls per month December 31, 2011 4. Crude Oil Collar January 1, 2008 - $40.00 per bbl floor 12,500 bbls per month October 31, 2008 $67.00 per bbl ceiling 5. Natural Gas Collar January 1, 2008 - $5.00 per mcf floor 35 MMcf per month October 31, 2008 $9.10 per mcf ceiling B. ISDA Master Agreement dated August 28, 2006, between Tandem Energy Corporation ~~Banking Center: Austin 11500 N. Mopac Expressway 00xx Xxxxx~~and BP Corporation North America Inc., ~~XxxxxxxXxxx Xxxxx Xxxxxx~~with the following oustanding Hedge Transactions: 1. Crude Oil Swaps January 1, ~~Xxxxx 00000 000 Xxxxxxxx Xxxxxx (Xxxxxx Xxxxxx) Austin~~2009 - $71.00 per bbl 10,000 bbls per month December 31, 2009 2. Crude Oil Puts January 1, 2010 - $75.00 per bbl 10,000 bbls per month December 31, 2010 3. Crude Oil Puts December 1, 2010 - $85.00 per bbl 10,000 bbls December 31, 2010 4. Crude Oil Puts January 1, 2011 - $80.00 per bbl 10,000 bbls per month December 31, 2011 $100,000,000.00 Houston, Texas ~~78701~~ March 14, 2008 Promise to Pay. For value received, on or before March 14, 2012 (~~Xxxxxx County)~~ AMaturity Date@), Tandem Energy Corporation, a Delaware corporation, and PER Gulf Coast, Inc., a Delaware corporation (~~Name and street address~~collectively ABorrowers@), ~~(Street address including county) including county) ========================================= ====================================== For Value Received, the undersigned Borrower unconditionally (and~~ jointly and ~~severally, if more than one) promises~~ severally promise to pay to the order of ~~Bank~~Bank of Texas, ~~its successors and assigns, without setoff~~N.A. (ABank@), at ~~its~~ the offices ~~indicated~~ of Bank of Texas, N.A. (AAgent@) in Xxxxxx County, Texas at ~~the beginning of this Note~~5 Houston Center, ~~or at such other place as may be designated by Bank~~0000 XxXxxxxx, Xxxxx 0000, Xxxxxxx, Xxxxx 00000, the principal amount of ~~Twenty~~ One Hundred Million ~~and 00/100~~ Dollars ($~~20,000,000.00~~100,000,000.00) (ATotal Principal Amount@), or ~~so much thereof as may be~~ such amount less than the Total Principal Amount which has been advanced ~~from time~~ to ~~time in immediately available funds~~Borrowers under this Revolving Promissory Note (ANote@), together with interest ~~computed daily~~ on the outstanding principal balance hereunder, at an annual interest rate, and in accordance with the payment schedule, indicated below. This Note is executed pursuant to and shall be governed by the Loan Agreement dated June 30, 1998, executed by Borrower and Bank (as the same may be modified, amended, and restated from time to time, the "Loan Agreement"). Defined terms used in this Note and otherwise not defined herein shall have the meaning given such terms in the Loan Agreement. The Loan Agreement sets forth certain rights and obligations portion of the ~~parties and certain provisions concerning this Note, such as (without limitation) events of default, notice of default and opportunity~~ Total Principal Amount advanced to ~~cure default. To~~ Borrowers from the ~~extent, if any, that~~ date advanced until paid at the ~~Loan Agreement is inconsistent with this Note, the Loan Agreement shall control~~rates per annum provided below.

Appears in 1 contract

Samples: Loan Agreement (Platinum Energy Resources Inc)

NOTICE OF FINAL AGREEMENT. ~~This Written Loan Agreement and the Other Loan Documents Represent the Final Agreement Between the Parties and May Not Be Contradicted by Evidence of Prior~~THIS AGREEMENT, ~~Contemporaneous or Subsequent Oral Agreements of the Parties~~THE PROMISSORY NOTE, AND ANY CONTRACTS OR INSTRUMENTS RELATING THERETO, REPRESENT THE ENTIRE AGREEMENT BETWEEN THE PARTIES, AND IT IS EXPRESSLY UNDERSTOOD THAT ALL PREVIOUSLY EXECUTED LOAN PAPERS AND PRIOR CONVERSATIONS OR MEMORANDA BETWEEN THE PARTIES REGARDING THE TERMS OF THIS AGREEMENT SHALL BE SUPERSEDED BY THIS AGREEMENT. ~~There Are No Unwritten Oral Agreements Between the Parties~~ANY AMENDMENT, APPROVAL, OR WAIVER BY LENDER OF THE TERMS OF THIS AGREEMENT, THE PROMISSORY NOTE, AND ANY CONTRACTS OR INSTRUMENTS RELATING THERETO, MUST BE IN WRITING OR CONFIRMED IN WRITING, AND SHALL BE EFFECTIVE ONLY TO THE EXTENT SPECIFICALLY SET FORTH IN SUCH WRITING. ~~In Witness Whereof~~THIS AGREEMENT, ~~the parties hereto have caused this Agreement to be duly executed by their duly authorized representatives~~ IN CONJUNCTION WITH THE NOTE AND ANY CONTRACTS OR INSTRUMENTS RELATING THERETO SHALL SERVE TO EVIDENCE THE TERMS OF THE ENTIRE AGREEMENT BETWEEN THE PARTIES. EXECUTED EFFECTIVE as of the date first above written. ~~Borrower~~BORROWER: ~~National Instruments Corporation [Corporate Seal]~~ ODESSA EXPLORATION INCORPORATED ------------------------------ D. Xxxx Xxxxxxx, President LENDER: NORWEST BANK TEXAS, N.A. By: ~~/s/~~ _________________________ Xxxx ~~Xxxxxx Xxxx Xxxxxx, Chief Financial Officer Attest: /s/ Xxxxx Xxxxxx Xxxxx Xxxxxx, Secretary Bank: NationsBank, N.A. (a national banking association) By: /s/ Xxxx Xxxxxx Xxxx Xxxxxx~~X. XxXxxxxx, Vice President ~~PROMISSORY NOTE Date: June 30, 1998 New Amount: $20,000,000.00 Maturity Date: December~~ SCHEDULE 2.2 REQUEST FOR ADVANCE UNDER THE LOAN Reference is made to that certain Second Restated Loan Agreement dated as of January 31, ~~1999 Bank: Borrower: NationsBank, N.A. National Instruments Corporation Banking Center: Austin 11500 N. Mopac Expressway 00xx Xxxxx, XxxxxxxXxxx Xxxxx Xxxxxx, Xxxxx 00000 000 Xxxxxxxx Xxxxxx~~ 1997 (Xxxxxx Xxxxxx) Austin, Texas 78701 (Xxxxxx County) (Name and street address, (Street address including county) including county) ========================================= ====================================== For Value Received, the undersigned Borrower unconditionally (and jointly and severally, if more than one) promises to pay to the order of Bank, its successors and assigns, without setoff, at its offices indicated at the beginning of this Note, or at such other place as ~~may be designated by Bank, the principal amount of Twenty Million and 00/100 Dollars ($20,000,000.00), or so much thereof as may be advanced~~ from time to time in immediately available funds, together with interest computed daily on the outstanding principal balance hereunder, at an annual interest rate, and in accordance with the payment schedule, indicated below. This Note is executed pursuant to and shall be governed by the Loan Agreement dated June 30, 1998, executed by Borrower and Bank (as the same may be modified, amended~~, and restated from time to time~~, the "Loan Agreement"), among Odessa Exploration Incorporated ("Borrower") and Norwest Bank Texas, N. A. ("Lender"). ~~Defined~~ Capitalized terms ~~used in this Note and~~ not otherwise ~~not~~ defined herein shall have the meaning ~~given such terms~~ assigned to them in the ~~Loan~~ Agreement. ~~The Loan Agreement sets forth certain rights and obligations~~ Pursuant to the terms of the ~~parties and certain provisions concerning this Note~~Agreement, ~~such~~ Borrower hereby requests the Lender to make an Advance to Borrower under the Agreement, as (without limitation) events of default, notice of default and opportunity to cure default. To the extent, if any, that the Loan Agreement is inconsistent with this Note, the Loan Agreement shall control.follows:

Appears in 1 contract

Samples: Loan Agreement (Key Energy Group Inc)

NOTICE OF FINAL AGREEMENT. ~~This Written Loan Agreement and the Other Loan Documents Represent the Final Agreement Between the Parties and May Not Be Contradicted by Evidence of Prior~~THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS EMBODY THE FINAL, ~~Contemporaneous or Subsequent Oral Agreements of the Parties~~ENTIRE AGREEMENT AMONG THE PARTIES HERETO AND THERETO AND SUPERSEDE ANY AND ALL PRIOR COMMITMENTS, AGREEMENTS, REPRESENTATIONS, AND UNDERSTANDINGS, WHETHER WRITTEN OR ORAL, RELATING TO THE SUBJECT MATTER HEREOF AND THEREOF AND MAY NOT BE CONTRADICTED OR VARIED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OR DISCUSSIONS OF THE PARTIES HERETO OR THERETO. ~~There Are No Unwritten Oral Agreements Between the Parties~~THERE ARE NO ORAL AGREEMENTS AMONG THE PARTIES HERETO OR THERETO. ~~In Witness Whereof, the parties hereto have caused this Agreement~~ THE PROVISIONS OF THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS MAY BE AMENDED OR WAIVED ONLY BY AN INSTRUMENT IN WRITING SIGNED BY THE RESPECTIVE PARTIES TO SUCH DOCUMENTS. EXECUTED to be ~~duly executed by their duly authorized representatives~~ effective as of the date first above written. ~~Borrower~~ADMINISTRATIVE AGENT: ~~National Instruments Corporation [Corporate Seal]~~ By: /s/ Xxxx ~~Xxxxxx~~ X. Xxxxxxxxx Name: Xxxx ~~Xxxxxx, Chief Financial Officer Attest~~X. Xxxxxxxxx Title: ~~/s/ Xxxxx Xxxxxx Xxxxx Xxxxxx, Secretary Bank~~Senior Vice President LENDER: ~~NationsBank, N.A. (a national banking association)~~ By: /s/ Xxxx ~~Xxxxxx~~ X. Xxxxxxxxx Name: Xxxx ~~Xxxxxx,~~ X. Xxxxxxxxx Title: Senior Vice President ~~PROMISSORY NOTE Date~~LENDER: ~~June 30~~By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Senior Vice President LENDER: By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: SVP LENDER: By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Vice President LENDER: By: /s/ Xxxxxxxx Xxxxxx Name: Xxxxxxxx Xxxxxx Title: Senior Vice President LENDER: By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Vice President LENDER: By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Vice President By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Vice President LENDER: By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Executive Vice President LENDER: By: /s/ Xxxxxxxx Xxxxxxxx Name: Xxxxxxxx Xxxxxxxx Title: Vice President BORROWER: CENTURY COMMUNITIES, ~~1998 New Amount~~INC., a Delaware corporation By: ~~$20,000,000.00 Maturity Date~~/s/ Xxxxx Xxxxxxxxx Name: ~~December 31~~Xxxxx Xxxxxxxxx Title: Chief Financial Officer GUARANTOR: AUGUSTA POINTE, ~~1999 Bank~~LLC, a Colorado limited liability company By: ~~Borrower~~/s/ Xxxxx Xxxxxxxxx Name: ~~NationsBank~~Xxxxx Xxxxxxxxx Title: Authorized Signatory AVALON AT INVERNESS, ~~N.A. National Instruments Corporation Banking Center~~LLC, a Colorado limited liability company By: ~~Austin 11500 N. Mopac Expressway 00xx~~ /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory BEACON POINTE, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory BLACKSTONE HOMES, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CC COMMUNITIES, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CCC HOLDINGS, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CCH HOMES, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT ASH XXXXXXX, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT BEACON POINTE, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT XXXXXXXX, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT CAROUSEL FARMS, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT HARVEST XXXXXXX, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT LOR, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT XXXXX, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT MIDTOWN, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT MILLENNIUM, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT XXXXXX CREEK, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT OUTLOOK, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT SALISBURY HEIGHTS, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT SOUTHSHORE, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT TERRAIN, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT THE GROVE, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT VISTA RIDGE, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT WOLF RANCH, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY CITY, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY COMMUNITIES OF NEVADA, LLC, a Delaware limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY COMMUNITIES OF NEVADA REALTY, LLC, a Nevada limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY LAND HOLDINGS, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY LAND HOLDINGS II, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY LAND HOLDINGS OF TEXAS, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY XXXXXX RANCH GC, LLC, a Delaware limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY TUSCANY GC, LLC, a Delaware limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CHERRY HILL PARK, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory COTTAGES AT WILLOW PARK, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CROWN HILL, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory ENCLAVE AT XXXX XXXXX, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory ENCLAVE AT CHERRY CREEK, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory ESTATES AT XXXXXXXXX FARMS, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory HEARTH AT OAK XXXXXXX, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory HOMETOWN, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory LAKEVIEW FORT XXXXXXX, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory MADISON ESTATES, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory MERIDIAN RANCH, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory MONTECITO AT RIDGEGATE, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory NEIGHBORHOOD ASSOCIATIONS GROUP, LLC, a Delaware limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory RESERVE AT HIGHPOINTE ESTATES, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory RESERVE AT THE XXXXXXX, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory SADDLEBACK HEIGHTS, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory SADDLE ROCK GOLF, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory STETSON RIDGE HOMES, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory THE VISTAS AT NOR’WOOD, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory VENUE AT ARISTA, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory VERONA ESTATES, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory VILLAS AT XXXXXX CREEK, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory WATERSIDE AT HIGHLAND PARK, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory WILDGRASS, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY COMMUNITIES OF GEORGIA, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CCG CONSTRUCTORS LLC, a Georgia limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CCG REALTY GROUP LLC, a Georgia limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT LITTLETON VILLAGE, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT THE XXXXXXX, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT XXXXXXXX, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT WILDGRASS, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY GROUP LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT LANDMARK, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY AT OBSERVATORY HEIGHTS, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory HORIZON BUILDING SERVICES, LLC, a Colorado limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory SWMJ CONSTRUCTION, INC., a Texas corporation By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Vice President Century Communities, Inc. owns 100% of all Real Estate Subsidiaries, either directly or indirectly. [The fifty-seven entities below executed a Guaranty Agreement, dated October 21, 2014.] 1. AUGUSTA POINTE, LLC – a Colorado limited liability company 2. AVALON AT INVERNESS, LLC – a Colorado limited liability company 3. BEACON POINTE, LLC – a Colorado limited liability company 4. BLACKSTONE HOMES, LLC – a Colorado limited liability company 5. CC COMMUNITIES, LLC – a Colorado limited liability company 6. CCC HOLDINGS, LLC – a Colorado limited liability company 7. CCH HOMES, LLC – a Colorado limited liability company 8. CENTURY AT ASH XXXXXXX, LLC – a Colorado limited liability company 9. CENTURY AT BEACON POINTE, LLC – a Colorado limited liability company 10. CENTURY AT XXXXX, LLC – a Colorado limited liability company 11. CENTURY AT XXXXXXXX, LLC – a Colorado limited liability company 12. CENTURY AT CAROUSEL FARMS, LLC – a Colorado limited liability company 13. CENTURY AT HARVEST XXXXXXX, LLC – a Colorado limited liability company 14. CENTURY AT LOR, LLC – a Colorado limited liability company 15. CENTURY AT XXXXX, LLC – a Colorado limited liability company (formerly Century Hangar Lofts at Xxxxx, ~~XxxxxxxXxxx Xxxxx Xxxxxx~~LLC) 16. CENTURY AT MIDTOWN, ~~Xxxxx 00000 000 Xxxxxxxx Xxxxxx (Xxxxxx Xxxxxx) Austin~~LLC – a Colorado limited liability company 17. CENTURY AT MILLENNIUM, ~~Texas 78701 (Xxxxxx County) (Name and street address~~LLC – a Colorado limited liability company 18. CENTURY AT XXXXXX CREEK, ~~(Street address including county) including county) ========================================= ====================================== For Value Received~~LLC – a Colorado limited liability company 19. CENTURY AT OUTLOOK, ~~the undersigned Borrower unconditionally (and jointly and severally~~LLC – a Colorado limited liability company 20. CENTURY AT SALISBURY HEIGHTS, ~~if more than one) promises to pay to the order of Bank~~LLC – a Colorado limited liability company 21. CENTURY AT SOUTHSHORE, ~~its successors and assigns~~LLC – a Colorado limited liability company 22. CENTURY AT TERRAIN, ~~without setoff~~LLC – a Colorado limited liability company 23. CENTURY AT THE GROVE, ~~at its offices indicated at the beginning of this Note~~LLC – a Colorado limited liability company 24. CENTURY AT VISTA RIDGE, ~~or at such other place as may be designated by Bank~~LLC – a Colorado limited liability company 25. CENTURY AT WOLF RANCH, ~~the principal amount of Twenty Million and 00/100 Dollars ($20,000,000.00)~~LLC – a Colorado limited liability company 26. CENTURY CITY, ~~or so much thereof as may be advanced from time to time in immediately available funds~~LLC – a Colorado limited liability company 27. CENTURY COMMUNITIES OF NEVADA, ~~together with interest computed daily on the outstanding principal balance hereunder~~LLC – a Delaware limited liability company 28. CENTURY COMMUNITIES OF NEVADA REALTY, ~~at an annual interest rate~~LLC – a Nevada limited liability company 29. CENTURY LAND HOLDINGS, ~~and in accordance with the payment schedule~~LLC – a Colorado limited liability company 30. CENTURY LAND HOLDINGS II, ~~indicated below~~LLC – a Colorado limited liability company 31. ~~This Note is executed pursuant to and shall be governed by the Loan Agreement dated June 30~~CENTURY LAND HOLDINGS OF TEXAS, ~~1998~~LLC – a Colorado limited liability company 32. CENTURY XXXXXX RANCH GC, ~~executed by Borrower and Bank (as the same may be modified~~LLC – a Delaware limited liability company 33. CENTURY TUSCANY GC, amended, and restated from time to time, the "Loan Agreement"). Defined terms used in this Note and otherwise not defined herein shall have the meaning given such terms in the Loan Agreement. The Loan Agreement sets forth certain rights and obligations of the parties and certain provisions concerning this Note, such as (without limitation) events of default, notice of default and opportunity to cure default. To the extent, if any, that the Loan Agreement is inconsistent with this Note, the Loan Agreement shall control.LLC – a Delaware limited liability company

Appears in 1 contract

Samples: Modification Agreement (Century Communities, Inc.)

NOTICE OF FINAL AGREEMENT. ~~This Written Loan~~ THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS EMBODY THE FINAL, ENTIRE AGREEMENT AMONG THE PARTIES HERETO AND THERETO AND SUPERSEDE ANY AND ALL PRIOR COMMITMENTS, AGREEMENTS, REPRESENTATIONS, AND UNDERSTANDINGS, WHETHER WRITTEN OR ORAL, RELATING TO THE SUBJECT MATTER HEREOF AND THEREOF AND MAY NOT BE CONTRADICTED OR VARIED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OR DISCUSSIONS OF THE PARTIES HERETO OR THERETO. THERE ARE NO ORAL AGREEMENTS AMONG THE PARTIES HERETO OR THERETO. THE PROVISIONS OF THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS MAY BE AMENDED OR WAIVED ONLY BY AN INSTRUMENT IN WRITING SIGNED BY THE RESPECTIVE PARTIES TO SUCH DOCUMENTS. FIRST MODIFICATION AGREEMENT - Page 4 EXECUTED to be effective as of the Effective Date. ADMINISTRATIVE AGENT: formerly known as TEXAS CAPITAL BANK, NATIONAL ASSOCIATION By: /s/ Xxxxx Xxxx-Xxxxxxxxx Name: Xxxxx Xxxx-Xxxxxxxxx Title: Senior Vice President FIRST MODIFICATION AGREEMENT – Administrative Agent’s Signature Page BORROWER: CENTURY COMMUNITIES, INC., a Delaware corporation By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Chief Financial Officer FIRST MODIFICATION AGREEMENT – Borrower’s Signature Page GUARANTORS: CENTURY COMMUNITIES CONSTRUCTION OF ARIZONA, LLC, and CENTURY COMMUNITIES OF ARIZONA, LLC, all Arizona limited liability companies By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory BMC REALTY ADVISORS, INC., a California corporation By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory AUGUSTA POINTE, LLC, AVALON AT INVERNESS, LLC, AVR A, LLC, AVR B, LLC, AVR C, LLC, BEACON POINTE, LLC, BLACKSTONE HOMES, LLC, BLUFFMONT ESTATES, LLC, XXXXXXXX VILLAGE HOMES, LLC, CC COMMUNITIES, LLC, CCC HOLDINGS, LLC, CCH HOMES, LLC, CENTENNIAL HOLDING COMPANY LLC, CENTURY AT ANTHOLOGY, LLC, CENTURY AT ASH XXXXXXX, LLC, CENTURY AT AUTUMN VALLEY RANCH, LLC, CENTURY AT BEACON POINTE, LLC, CENTURY AT BELLEVIEW PLACE, LLC, CENTURY AT XXXXX, LLC, CENTURY AT XXXXXXXX, LLC, CENTURY AT CAROUSEL FARMS, LLC, CENTURY AT CASTLE PINES TOWN CENTER, LLC, CENTURY AT CLAREMONT RANCH, LLC, CENTURY AT COLLIERS HILL, LLC, CENTURY AT COMPARK VILLAGE NORTH, LLC, CENTURY AT COMPARK VILLAGE SOUTH, LLC, CENTURY AT COYOTE CREEK, LLC, CENTURY AT FOREST XXXXXXX, LLC, CENTURY AT HARVEST XXXXXXX, LLC, FIRST MODIFICATION AGREEMENT – Guarantor’s Signature Page 1 of 5 CENTURY AT LANDMARK, LLC, CENTURY AT LITTLETON VILLAGE, LLC, CENTURY AT LITTLETON VILLAGE II, LLC, CENTURY AT LOR, LLC, CENTURY AT XXXXX, LLC, CENTURY AT XXXXXXXX, LLC, CENTURY AT XXXXXXXX, LLC, CENTURY AT MEADOWBROOK, LLC, CENTURY AT MIDTOWN, LLC, CENTURY AT MILLENNIUM, LLC, CENTURY AT XXXXXX CREEK, LLC, CENTURY AT OAK STREET, LLC, CENTURY AT OBSERVATORY HEIGHTS, LLC, CENTURY AT OUTLOOK, LLC, CENTURY AT XXXXXXX GROVE, LLC, CENTURY AT SALISBURY HEIGHTS, LLC, CENTURY AT SHALOM PARK, LLC, CENTURY AT SOUTHSHORE, LLC, CENTURY AT SPRING VALLEY RANCH, LLC, CENTURY AT TANGLEWOOD, LLC, CENTURY AT TERRAIN, LLC, CENTURY AT THE HEIGHTS, LLC, CENTURY AT THE XXXXXXX, LLC, CENTURY AT VISTA RIDGE, LLC, CENTURY AT WILDGRASS, LLC, CENTURY AT WOLF RANCH, LLC, CENTURY AT XXXXXXX XXXX, LLC, CENTURY CITY, LLC, CENTURY COMMUNITIES OF GEORGIA, LLC, CENTURY COMMUNITIES SOUTHEAST, LLC, CENTURY LAND HOLDINGS, LLC, CENTURY LAND HOLDINGS II, LLC, CENTURY LAND HOLDINGS OF TEXAS, LLC, CENTURY TOWNHOMES AT XXXXXXXX, LLC, CHERRY HILL PARK, LLC, COTTAGES AT WILLOW PARK, LLC, CROWN HILL, LLC, ENCLAVE AT PINE GROVE, LLC, ESTATES AT XXXXXXXXX FARMS, LLC, HEARTH AT OAK XXXXXXX, LLC, HOMETOWN, LLC, HOMETOWN SOUTH, LLC, HORIZON BUILDING SERVICES, LLC, LADERA, LLC, LAKEVIEW FORT XXXXXXX, LLC, MERIDIAN RANCH, LLC, MONTECITO AT RIDGEGATE, LLC, PARK 5TH AVENUE DEVELOPMENT CO., LLC, FIRST MODIFICATION AGREEMENT – Guarantor’s Signature Page 2 of 5 PENINSULA VILLAS, LLC, RED ROCKS POINTE, LLC, RESERVE AT HIGHPOINTE ESTATES, LLC, RESERVE AT THE XXXXXXX, LLC, SADDLEBACK HEIGHTS, LLC, SAH HOLDINGS, LLC, STETSON RIDGE HOMES, LLC, THE OVERLOOK AT TALLYN’S REACH, LLC, THE RETREAT AT RIDGEGATE, LLC, THE VERANDA, LLC, THE WHEATLANDS, LLC, VENUE AT ARISTA, LLC, VERONA ESTATES, LLC, VILLAS AT XXXXXX CREEK, LLC, WATERSIDE AT HIGHLAND PARK, LLC, WESTOWN CONDOMINIUMS, LLC, WESTOWN TOWNHOMES, LLC, and WILDGRASS, LLC, all Colorado limited liability companies By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory BENCHMARK COMMUNITIES, LLC, BMC EAST XXXXXXXX, LLC, BMC EG BLUFFS, LLC, BMC EG BUNGALOW, LLC, BMC EG GARDEN, LLC, BMC EG GROVE, LLC, BMC EG TOWNS, LLC, BMC EG VILLAGE, LLC, BMCH CALIFORNIA, LLC, BMCH NORTH CAROLINA, LLC, BMCH TENNESSEE, LLC, BMCH WASHINGTON, LLC, CENTURY COMMUNITIES OF CALIFORNIA, LLC, CENTURY COMMUNITIES OF NEVADA, LLC, CENTURY COMMUNITIES OF NORTH CAROLINA, LLC, CENTURY COMMUNITIES OF SOUTH CAROLINA, LLC, CENTURY COMMUNITIES OF TENNESSEE, LLC, CENTURY COMMUNITIES OF WASHINGTON, LLC, CENTURY XXXXXX RANCH GC, LLC, CENTURY TUSCANY GC, LLC, NEIGHBORHOOD ASSOCIATIONS GROUP, LLC, UCP, LLC, UCP XXXXXXX III, LLC, UCP EAST XXXXXXXX, LLC, FIRST MODIFICATION AGREEMENT – Guarantor’s Signature Page 3 of 5 UCP KERMAN, LLC, UCP MEADOWOOD III, LLC, UCP SAGEWOOD, LLC, UCP XXXXXXX, LLC, UCP TAPESTRY, LLC, and WJH LLC, all Delaware limited liability companies By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CASA ACQUISITION CORP., a Delaware corporation By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CCG CONSTRUCTORS LLC, and CCG REALTY GROUP LLC, all Georgia limited liability companies By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY COMMUNITIES OF NEVADA REALTY, LLC, a Nevada limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CC SOUTHEAST CONSTRUCTORS, LLC, and CCNC REALTY GROUP, LLC, all North Carolina limited liability companies By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory FIRST MODIFICATION AGREEMENT – Guarantor’s Signature Page 4 of 5 CCSC REALTY GROUP, LLC, a South Carolina limited liability company By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory CENTURY COMMUNITIES OF UTAH, LLC, CENTURY COMMUNITIES REALTY OF UTAH, LLC, and CENTURY LAND HOLDINGS OF UTAH, LLC, all Utah limited liability companies By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Authorized Signatory FIRST MODIFICATION AGREEMENT – Guarantor’s Signature Page 5 of 5 1. Texas Capital Bank, formerly known as Texas Capital Bank, National Association 2. Bank of America, N.A 3. Fifth Third Bank, National Association 4. U.S. Bank National Association 5. BBVA USA 6. Xxxxx Fargo Bank, N.A. 7. JPMorgan Chase Bank, N.A. 8. BMO Xxxxxx Bank N.A. 9. Zions Bancorporation, N.A. dba Vectra Bank Colorado 10. Flagstar Bank, FSB 11. Comerica Bank 12. BancorpSouth Bank 13. Columbia State Bank SCHEDULE 1 – List of Lenders – Solo Page EXHIBIT A – Amendments to the Credit Agreement ~~and the~~ – Cover Page ARTICLE 1 DEFINITIONS 11 Section 1.1 Definitions 11 Section 1.2 Accounting Matters 36 Section 1.3 ERISA Matters 37 Section 1.4 Letter of Credit Amounts 37 Section 1.5 Other Definitional Provisions 37 Section 1.6 Interpretative Provision 38 Section 1.7 Times of Day 38 Section 1.8 Other Loan Documents ~~Represent the Final Agreement Between the Parties~~ 38 Section 1.9 Divisions 38 Section 1.10 LIBOR NotificationRates 38 ARTICLE 2 THE COMMITMENTS AND CREDIT EXTENSIONS 40 Section 2.1 The Loans 39 Section 2.2 Letters of Credit 40 Section 2.3 Borrowing Base and ~~May Not Be Contradicted by~~ Sublimits 48 Section 2.4 Fees 50 Section 2.5 Payments Generally; Administrative Agent’s Clawback 50 Section 2.6 Evidence of ~~Prior~~Debt 52 Section 2.7 Cash Collateral 52 Section 2.8 Interest; Payment Terms 53 Section 2.9 Prepayments 55 Section 2.10 Uncommitted Increase in Commitments 56 Section 2.11 Uncommitted Extension Option 57 ARTICLE 3 TAXES, ~~Contemporaneous~~ YIELD PROTECTION AND INDEMNITY 59 Section 3.1 Increased Costs 59 Section 3.2 Illegality 60 Section 3.3 Inability to Determine Rates; Adequacy of RatesChanged Circumstances; Benchmark Replacement 61 Section 3.4 Taxes 65 Section 3.5 Compensation for Losses 69 Section 3.6 Mitigation of Obligations; Replacement of Lenders 70 Section 3.7 Survival 71 ARTICLE 4 [Intentionally Omitted.] 71 ARTICLE 5 CONDITIONS PRECEDENT 72 Section 5.1 Initial Extension of Credit 72 Section 5.2 All Extensions of Credit 73 ARTICLE 6 REPRESENTATIONS AND WARRANTIES 74 Section 6.1 Entity Existence 74 Section 6.2 Financial Statements; Etc 74 Section 6.3 Action; No Breach 75 Section 6.4 Operation of Business 75 Section 6.5 Litigation and Judgments 75 Section 6.6 Rights in Properties; Liens 75 Section 6.7 Enforceability 76 Section 6.8 Approvals 76 Section 6.9 Taxes 76 Section 6.10 Use of Proceeds; Margin Securities 76 Section 6.11 ERISA 76 Section 6.12 Disclosure 77 Section 6.13 Subsidiaries 77 Section 6.14 Agreements 77 Section 6.15 Compliance with Laws 77 Section 6.16 Inventory 77 Section 6.17 Regulated Entities 78 Section 6.18 Environmental Matters 78 Section 6.19 Anti-Corruption Laws; Sanctions; Etc 79 Section 6.20 Patriot Act 79 Section 6.21 Insurance 79 Section 6.22 Solvency 79 Section 6.23 Businesses 79 Section 6.24 Labor Matters 79 Section 6.25 Material Agreements 79 Section 6.26 Intellectual Property 80 Section 6.27 Hedge Agreements 80 Section 6.28 Beneficial Ownership Certification 80 ARTICLE 7 AFFIRMATIVE COVENANTS 80 Section 7.1 Reporting Requirements 80 Section 7.2 Maintenance of Existence; Conduct of Business 83 Section 7.3 Maintenance of Properties 83 Section 7.4 Taxes and Claims 83 Section 7.5 Insurance 83 Section 7.6 Inspection Rights 84 Section 7.7 Keeping Books and Records 84 Section 7.8 Compliance with Laws 84 Section 7.9 Compliance with Agreements 84 Section 7.10 Further Assurances 84 Section 7.11 ERISA 84 Section 7.12 Depository Relationship 84 Section 7.13 Additional Guarantors 84 Section 7.14 Lien Claims 85 Section 7.15 Construction Responsibilities 85 Section 7.16 Sanctions; Anti-Corruption Laws 85 ARTICLE 8 NEGATIVE COVENANTS 85 Section 8.1 Debt 85 Section 8.2 Limitation on Liens 86 Section 8.3 Mergers, Etc 87 Section 8.4 Restricted Payments 87 Section 8.5 Loans and Investments 87 Section 8.6 Limitation on Issuance of Equity 88 Section 8.7 Transactions With Affiliates 88 Section 8.8 Disposition of Assets 88 Section 8.9 Sale and Leaseback 88 Section 8.10 Prepayment of Debt 89 Section 8.11 Nature of Business 89 Section 8.12 Environmental Protection 89 Section 8.13 Accounting 89 Section 8.14 Burdensome Agreements 89 Section 8.15 Subsidiaries 89 Section 8.16 Amendments of Constituent Documents 90 Section 8.17 Anti-Corruption Laws; Sanctions; Anti-Terrorism Laws 90 ARTICLE 9 FINANCIAL COVENANTS 90 Section 9.1 Leverage Ratio 90 Section 9.2 Interest Coverage Ratio 90 Section 9.3 Tangible Net Worth 91 Section 9.4 Liquidity 91 Section 9.5 Risk Asset Ratio 91 ARTICLE 10 DEFAULT 91 Section 10.1 Events of Default 91 Section 10.2 Remedies Upon Default 94 Section 10.3 Application of Funds 94 Section 10.4 Performance by Administrative Agent 95 Section 10.5 Setoff 95 ARTICLE 11 AGENCY 95 Section 11.1 Appointment and Authority 95 Section 11.2 Rights as a Lender 96 Section 11.3 Exculpatory Provisions 96 Section 11.4 Reliance by Administrative Agent 97 Section 11.5 Delegation of Duties 98 Section 11.6 Resignation or ~~Subsequent Oral~~ Removal of Administrative Agent 98 Section 11.7 Non-Reliance on Administrative Agent and Other Lenders 99 Section 11.8 Administrative Agent May File Proofs of Claim 100 Section 11.9 Guaranty Matters 100 Section 11.10 Bank Product Agreements 101 Section 11.11 Certain ERISA Matters 101 Section 11.12 Acknowledgements Regarding Erroneous Payments 102 ARTICLE 12 MISCELLANEOUS 104 Section 12.1 Expenses 104 Section 12.2 INDEMNIFICATION 105 Section 12.3 Limitation of ~~the Parties. There Are~~ Liability 106 Section 12.4 No ~~Unwritten Oral~~ Duty 106 Section 12.5 Lenders Not Fiduciary 106 Section 12.6 Equitable Relief 106 Section 12.7 No Waiver; Cumulative Remedies 106 Section 12.8 Successors and Assigns 107 Section 12.9 Survival 111 Section 12.10 Amendment 111 Section 12.11 Notices 113 Section 12.12 Governing Law; Venue; Service of Process 115 Section 12.13 Counterparts 116 Section 12.14 Severability 116 Section 12.15 Headings 116 Section 12.16 Construction 116 Section 12.17 Independence of Covenants 116 Section 12.18 WAIVER OF JURY TRIAL 116 Section 12.19 Additional Interest Provision 117 Section 12.20 Ceiling Election 118 Section 12.21 USA Patriot Act Notice 118 Section 12.22 Defaulting Lenders 118 Section 12.23 Sharing of Payments by Lenders 120 Section 12.24 Payments Set Aside 121 Section 12.25 Confidentiality 121 Section 12.26 Electronic Execution of Assignments and Certain Other Documents 122 Section 12.27 Independence of Covenants 119122 Section 12.28 Acknowledgement and Consent to Bail-In of Affected Financial Institutions 121122 Section 12.29 Acknowledgement Regarding Any Supported QFCs 123 Section 12.29 NOTICE OF FINAL AGREEMENT 124 Section 12.30 Amended and Restated Credit Agreement 124 2.1 Commitments and Applicable Percentages 2.1 6.5 Litigation and Judgments 6.5 6.6 Owned Real Property 6.6 6.13 Real Estate Subsidiaries 6.13 6.25 Material Agreements ~~Between the Parties. In Witness Whereof~~6.25 8.1 Existing Debt 8.1 8.5 Existing Investments 8.5 12.11 Notices 12.11 A Assignment and Assumption 1.1 B Borrowing Base Report 1.1 C Compliance Certificate 1.1 D Borrowing Request 1.1 E Note 1.1 F Tax Forms 3.4(g) THIS SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”), dated as of May 21, 2021, is among CENTURY COMMUNITIES, INC., a Delaware corporation (“Borrower”), the ~~parties~~ lenders from time to time party hereto have caused this Agreement to be duly executed by their duly authorized representatives as of the date first above written. Borrower: National Instruments Corporation [Corporate Seal] By: /s/ Xxxx Xxxxxx Xxxx Xxxxxx(collectively, ~~Chief Financial Officer Attest: /s/ Xxxxx Xxxxxx Xxxxx Xxxxxx~~“Lenders” and individually, ~~Secretary Bank: NationsBank~~a “Lender”), ~~N.A. (~~and TEXAS CAPITAL BANK, NATIONAL ASSOCIATION, a national banking association~~) By: /s/ Xxxx Xxxxxx Xxxx Xxxxxx~~, Vice President PROMISSORY NOTE Date: June 30, 1998 New Amount: $20,000,000.00 Maturity Date: December 31, 1999 Bank: Borrower: NationsBank, N.A. National Instruments Corporation Banking Center: Austin 11500 N. Mopac Expressway 00xx Xxxxx, XxxxxxxXxxx Xxxxx Xxxxxx, Xxxxx 00000 000 Xxxxxxxx Xxxxxx (Xxxxxx Xxxxxx) Austin, Texas 78701 (Xxxxxx County) (Name as Administrative Agent and street address, (Street address including county) including county) ========================================= ====================================== For Value Received, the undersigned Borrower unconditionally (and jointly and severally, if more than one) promises to pay to the order of Bank, its successors and assigns, without setoff, at its offices indicated at the beginning of this Note, or at such other place as may be designated by Bank, the principal amount of Twenty Million and 00/100 Dollars ($20,000,000.00), or so much thereof as may be advanced from time to time in immediately available funds, together with interest computed daily on the outstanding principal balance hereunder, at an annual interest rate, and in accordance with the payment schedule, indicated below. This Note is executed pursuant to and shall be governed by the Loan Agreement dated June 30, 1998, executed by Borrower and Bank (as the same may be modified, amended, and restated from time to time, the "Loan Agreement"). Defined terms used in this Note and otherwise not defined herein shall have the meaning given such terms in the Loan Agreement. The Loan Agreement sets forth certain rights and obligations of the parties and certain provisions concerning this Note, such as (without limitation) events of default, notice of default and opportunity to cure default. To the extent, if any, that the Loan Agreement is inconsistent with this Note, the Loan Agreement shall controlL/C Issuer.

Appears in 1 contract

Samples: Modification Agreement (Century Communities, Inc.)

Common use of NOTICE OF FINAL AGREEMENT Clause in Contracts