Notice Pursuant to Tex Sample Clauses

Notice Pursuant to Tex. Bus. & Comm. Code §26.02. THIS AGREEMENT AND THE OTHER FACILITIES PAPERS TOGETHER CONSTITUTE A WRITTEN LOAN AGREEMENT WHICH 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 ORAL AGREEMENTS BETWEEN THE PARTIES. (The remainder of this page is intentionally blank; signature pages follow.) 124 EXECUTED as of the Effective Date. HOMEBANC CORP. By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President and Chief Investment Officer HOMEBANC MORTGAGE CORPORATION By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Senior Vice President Unnumbered counterpart signature page to 8/05 Amended & Restated Senior Secured Credit Agreement among HomeBanc Corp., HomeBanc Mortgage Corporation, JPMorgan Chase Bank, N.A., et al. JPMORGAN CHASE BANK, N.A., as the Agent and as a Lender By: /s/ Xxxxxxx X. Xxxxxxxxx Name: Xxxxxxx X. Xxxxxxxxx Title: Senior Vice President Unnumbered counterpart signature page to 8/05 Amended & Restated Senior Secured Credit Agreement among HomeBanc Corp., HomeBanc Mortgage Corporation, JPMorgan Chase Bank, N.A., et al. COMMERZBANK AKTIENGESELLSCHAFT NEW YORK AND GRAND CAYMAN BRANCHES as a Lender By: /s/ Xxxxxx X. Araw Name: Xxxxxx X. Araw Title: Assistant Treasurer By: /s/ Xxxxxxx X. XxXxxxxx Name: Xxxxxxx X. XxXxxxxx Title: Vice President Unnumbered counterpart signature page to 8/05 Amended & Restated Senior Secured Credit Agreement among HomeBanc Corp., HomeBanc Mortgage Corporation, JPMorgan Chase Bank, N.A., et al. KEYBANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Executive Vice President Unnumbered counterpart signature page to 8/05 Amended & Restated Senior Secured Credit Agreement among HomeBanc Corp., HomeBanc Mortgage Corporation, JPMorgan Chase Bank, N.A., et al. U.S. BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxxx X. Xxxxxxxx Name: Xxxxxxx X. Xxxxxxxx Title: Vice President Unnumbered counterpart signature page to 8/05 Amended & Restated Senior Secured Credit Agreement among HomeBanc Corp., HomeBanc Mortgage Corporation, JPMorgan Chase Bank, N.A., et al. BNP PARIBAS, as a Lender By: /s/ Laurent Vanderzyppe Name: Laurent Vanderzyppe Title: Director By: /s/ Xxxxxxxxxx X. XxXxx Name: Xxxxxxxxxx X. Xxxx Title: Vice President Unnumbered counterpart signature page to 8/05 Amended & Restated Senior Secured Credit Agreement among HomeBanc Corp., HomeBanc...
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Notice Pursuant to Tex. Bus. & Comm. Code Section 26.02
Notice Pursuant to Tex. Bus. & Comm. Code Section 26.02. THIS AGREEMENT AND THE OTHER FACILITIES PAPERS TOGETHER CONSTITUTE A WRITTEN LOAN AGREEMENT WHICH 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 ORAL AGREEMENTS BETWEEN THE PARTIES. (The remainder of this page is intentionally blank; signature pages follow.) EXECUTED as of the Effective Date. SUNSET FINANCIAL RESOURCES, INC. By: /s/ Xxxxxx X. Xxxxxx --------------------------------------------- Name: Xxxxxx X. Xxxxxx Title: Executive Vice President - Operations and Compliance JPMORGAN CHASE BANK, as the Agent and as a Lender By: /s/ Xxxxx Xxxxxxxx ------------------------------ Name: Xxxxx Xxxxxxxx Title: Vice President Exhibits: Exhibit A - Senior Credit Note form Exhibit B - Requests for Borrowing forms with Submission List forms Exhibit C - form of Subordination Agreement Exhibit D - list of the Company's Subsidiaries Exhibit E - form of Officer's Certificate as to compliance or noncompliance with certain financial covenants Exhibit F - form of Assignment and Assumption Agreement Exhibit G - opinion provisions Exhibit H - form of Interest Option Selection Confirmation Schedules: Schedule AR - list of Authorized Company Representatives Schedule DQ - Disqualifiers Schedule EC - Eligible Collateral Schedule LC - the Lenders' Committed Sums Schedule SD - the Company's existing subordinated debt Schedule MAC - current Maximum Aggregate Commitment Schedule 8.4 - Summary of contingent liabilities and of material adverse changes and material unrealized losses since the Statement Date Schedule 8.5 - Pending Litigation Schedule 8.16 - the Company's Plans Schedule 10.6(h) - specific permitted Debt Schedule 14 - list of Lenders and Addresses for Notices EXHIBIT A TO 3/04 CREDIT AGREEMENT (THE "3/04 [LENDER NAME] SENIOR CREDIT NOTE") $_______________ Houston, Texas March 22, 2004 FOR VALUE RECEIVED, SUNSET FINANCIAL RESOURCES, INC., a Maryland corporation ("MAKER" or the "COMPANY"), promises to pay to the order of [LENDER NAME] ("PAYEE"), a [LENDER ENTITY FORM], at the main Houston branch of JPMorgan Chase Bank, 000 Xxxx Xxxxxx, Xxxxxxx, Xxxxxx Xxxxxx, Texas 77002, or at such other place as the Agent may hereafter designate in writing, in immediately available funds and in lawful money of the United States of America, the principal sum of [LENDER'S COMMITTED SUM] (or the unpaid balance of all prin...
Notice Pursuant to Tex. Bus. & Comm. Code §26.02. THE 8/05 CREDIT AGREEMENT, AS AMENDED BY THE 9/05 AMENDMENT AND THE OTHER FACILITIES PAPERS TOGETHER CONSTITUTE A WRITTEN LOAN AGREEMENT WHICH 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 ORAL AGREEMENTS BETWEEN THE PARTIES.
Notice Pursuant to Tex. Bus. & Comm.
Notice Pursuant to Tex. Bus. & Comm. Code ss.26.02. This Section is hereby amended to read as follows:
Notice Pursuant to Tex. Bus. & Comm. Code ss.26.02..............................................101 Preamble This 3/02 Amended and Restated Senior Secured Credit Agreement (the "3/02 Credit Agreement" and as it may be supplemented, amended or restated from time to time, the "Current Credit Agreement" or, within itself, this "Agreement"), whose effective date (the "Effective Date") is March 15, 2002, among: AMERICAN BUSINESS CREDIT, INC. ("ABC"), a Pennsylvania corporation, HOMEAMERICAN CREDIT, INC. ("HAC"), a Pennsylvania corporation doing business under the assumed or fictitious name Upland Mortgage, AMERICAN BUSINESS MORTGAGE SERVICES, INC. ("ABMS"), a New Jersey corporation (formerly named New Jersey Mortgage and Investment Corp.), TIGER RELOCATION COMPANY ("TRC"), a Pennsylvania corporation (formerly named ABC Holdings Corporation), and ABFS Residual 2002, Inc. ("ABFSR2002"), a Delaware corporation, each with its principal office at BalaPointe Office Centre, 111 Presidential Boulevard, Suite 215, Bala Cynwyd, Pennsylvania 19004 (ABC, HAC, ABMS, TRC and ABFSR2002 are herein collectively the "Companies" and are sometimes individually referred to as a "Company"); AMERICAN BUSINESS FINANCIAL SERVICES, INC. (the "Parent"), a Delaware corporation and owner of all of the capital stock of ABC, which owns all of the capital stock of each of the other Companies; JPMORGAN CHASE BANK ("Chase"), a New York banking corporation (successor by merger to The Chase Manhattan Bank, a New York banking corporation, which in turn was successor by merger to Chase Bank of Texas, National Association, a national banking association formerly named Texas Commerce Bank National Association), acting herein as a Lender and as agent and representative of the Lenders and Eligible Assignees (in that capacity, Chase is called the "Agent"); and such other Lender(s) as may from time to time be party to this Agreement; recites and provides as follows:
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Notice Pursuant to Tex. Bus. & Comm. Code §26.02. THE 4/04 A&R CREDIT AGREEMENT DATED AS OF APRIL 21, 2004, AS AMENDED BY THE 4/05 AMENDMENT TO CREDIT AGREEMENT DATED AS OF APRIL 20, 2005 AND THE OTHER CREDIT PAPERS TOGETHER CONSTITUTE A WRITTEN LOAN AGREEMENT WHICH 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 ORAL AGREEMENTS BETWEEN THE PARTIES.
Notice Pursuant to Tex. Bus. & Comm. Code §26.02. THE 8/05 CREDIT AGREEMENT, AS AMENDED BY THE 9/05 AMENDMENT, THE 12/05 AMENDMENT, THE 5/06 AMENDMENT AND THE 7/06 AMENDMENT, AND THE OTHER FACILITIES PAPERS TOGETHER CONSTITUTE A WRITTEN LOAN AGREEMENT WHICH 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 ORAL AGREEMENTS BETWEEN THE PARTIES.
Notice Pursuant to Tex. Bus. & Comm. Code §26.02. THE 3/04 CREDIT AGREEMENT, AS AMENDED BY THE 6/04 AMENDMENT, THE 3/05 AMENDMENT,
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