Obligated Parties Sample Clauses

Obligated Parties. For purposes hereof, the term "Obligated Party" of a party shall mean CCI, the Venture or the Manager, as the case may be, and the Affiliates, partners, directors, officers, principals, shareholders, employees, independent contractors, consultants and agents of such party, and any of such party's permitted sublicensees, successors and assigns and their respective Affiliates, partners, directors, officers, principals, shareholders, employees, independent contractors, consultants and agents. In the case of the Venture, its Obligated Parties shall include the Manager (in its capacity as manager under the Management Agreement) and its Affiliates, directors, officers, shareholders, employees, independent contractors, consultants, agents, successors and assigns, whether or not such persons would be included by virtue of the above definition.
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Obligated Parties. THE PARENT: ---------- DAISYTEK INTERNATIONAL CORPORATION By: ----------------------------------------- Name: --------------------------------------- Title: -------------------------------------- BORROWERS: DAISYTEK, INCORPORATED ARLINGTON INDUSTRIES, INC. DAISYTEK LATIN AMERICA, INC. DIGITAL STORAGE, INC. B.A. PARGH COMPANY THE TAPE COMPANY TAPEBARGAINS.COM, INC. VIRTUAL DEMAXX, XXX. By: ----------------------------------------- Name: --------------------------------------- Title: -------------------------------------- AGENT: BANK OF AMERICA, NATIONAL ASSOCIATION By: ----------------------------------------- Name: --------------------------------------- Title: -------------------------------------- LENDERS: BANK OF AMERICA, NATIONAL ASSOCIATION By: ------------------------------------------ Name: ---------------------------------------- Title: -------------------------------------- JPMORGAN CHASE BANK By: ---------------------------------------- Name: -------------------------------------- Title: ------------------------------------- BANK ONE, NA By: ---------------------------------------- Name: -------------------------------------- Title: ------------------------------------- THE CIT GROUP/BUSINESS CREDIT, INC. By: ---------------------------------------- Name: -------------------------------------- Title: ------------------------------------- COMERICA BANK, a Michigan banking corporation By: ---------------------------------------- Name: -------------------------------------- Title: ------------------------------------- FLEET CAPITAL CORPORATION By: ---------------------------------------- Name: -------------------------------------- Title: ------------------------------------- FOOTHILL CAPITAL CORPORATION By: ---------------------------------------- Name: -------------------------------------- Title: ------------------------------------- PNC BANK, NATIONAL ASSOCIATION By: ---------------------------------------- Name: -------------------------------------- Title: ------------------------------------- SIEMENS FINANCIAL SERVICES, INC. By: ---------------------------------------- Name: -------------------------------------- Title: ------------------------------------- UPS CAPITAL CORPORATION
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Obligated Parties. RAD ACQUISITION CORP. SCHLOTZSKY'S REAL ESTATE, INC. SCHLOTZSKY'S RESTAURANTS, INC. DFW RESTAURANT TRANSFER CORP. SGC CONSTRUCTION CORP. (fka Schlotzsky's Equipment Corporation) SREI TURNKEY DEVELOPMENT, L.L.C. 56TH & 6TH, INC. SCHLOTZSKY'S BRANDS, INC. By: ------------------------------------------ Name: ----------------------------------- Title: ---------------------------------- SCHLOTZSKY'S BRANDS I, L.L.C. By: ------------------------------------------ Name: ----------------------------------- Title: ---------------------------------- SCHLOTZSKY'S BRAND PRODUCTS, L.P. By: Schlotzsky's Brands, Inc., as general partner
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Obligated Parties. The agreement contained in this Section shall survive termination of this Agreement and Payment in Full of all other Obligations.
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Obligated Parties. As used herein, the team “Borrower” shall refer to WIN or, at any time when any other party has succeeded to WIN’s obligation to the Lender in respect of the Loan through any merger or sale, assignment, conveyance, transfer, lease or other disposition of all or substantially all of WIN’s assets that is not prohibited by Section 4.2 of this Agreement, the term “Borrower” shall refer to such other party. As used herein, the term “Guarantor” shall refer to each of WSI and Satellite Company, or at any time when any other party has succeeded to WSI’s or Satellite Company’s obligations in respect of the guarantee set forth in Article 8 of this Agreement through any merger or sale, assignment, conveyance, transfer, lease or other disposition of all or substantially all of WSI’s or Satellite Company’s assets that is not prohibited by Section 4.2 of this Agreement, the term “Guarantor” shall refer to such other party.
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Obligated Parties. DANB TEXAS, INC. DAVE & XUSTER'S OF PENNSYLVANIA, INC. DAVE & XUSTER'S OF ILLINOIS, INC. DAVE & XUSTER'S OF COLORADO, INC. DAVE & XUSTERS OF FLORIDA, INC. DAVE & XUSTER'S OF GEORGIA, INC. DAVE & XUSTER'S OF MARYLAND, INC. DAVE & XUSTERS OF NEW YORK, INC. D&B REALTY HOLDING, INC By: ------------------------------------- Charxxx Xxxxxx, Xxief Financial Officer of each of the foregoing Obligated Parties DAVE & XUSTER'S OF CALIFORNIA, INC. By: ------------------------------------- Alan X. Xxxxxx, Xxeasurer DAVE & XUSTER'S I, L.P. By: Dave & Xuster's, Inc., its general partner By: ------------------------------------- Charxxx Xxxxxx, Chief Financial Officer 12 ANNEX A to DAVE & XUSTER'S, INC. SECOND AMENDMENT TO CREDIT AGREEMENT Revolving Commitments Revolving Bank Commitment ---- ---------- Chase Bank of Texas, National Association $ 20,000,000 Comerica Bank - Texas $ 15,000,000 Guaranty Federal Bank, F.S.B. $ 15,000,000 BankBoston, N.A. $ 15,000,000 NationsBank, N.A. $ 20,000,000 Bank One, Texas, N.A. $ 15,000,000 ------------ TOTAL $100,000,000 ============ EXISTING COMMITMENT ASSIGNED EXISTING BANK NEW BANK PERCENTAGE PERCENTAGE -------------------- --------------------- ---------- ---------- 1. BankBoston, N.A. NationsBank, N.A. 20% 5% 2 Guaranty Federal Bank, FSB NationsBank, N.A. 20% 5% 3. Chase Bank of Texas, NationsBank, N.A. 30% 10% National Association 4. Comerica Bank-Texas Bank One, Texas, N.A. 30% 15% EXHIBIT "E" to DAVE & XUSTER'S, INC. SECOND AMENDMENT TO CREDIT AGREEMENT Compliance Certificate NOTE: THIS COMPLIANCE CERTIFICATE REQUIRES A CHANGE IN THE MARGIN AND FEES AS SET OUT IN SECTION 11 __ YES __ NO To: Chase Bank of Texas, National Association, as agent 1111 Xxxxxx, 0xx Xxxxx MS46 Housxxx, Xxxxx 00000 with a copy to 12870 Xxxxx Xxxx Dallas, Texas 75234 and each Bank Ladies and Gentlemen: This Compliance Certificate (the "Certificate") is being delivered pursuant to Section 8.1(c) of that certain Credit Agreement (as amended, the "Agreement") dated as of May 21, 1997 among DAVE & XUSTER'S, INC. (the "Borrower"), CHASE BANK OF TEXAS, NATIONAL ASSOCIATION (formerly known as Texas Commerce Bank National Association), as agent, and the Banks named therein. All capitalized terms, unless otherwise defined herein, shall have the same meanings as in the Agreement. All the calculations set forth below shall be made pursuant to the terms of the Agreement. The undersigned, an authorized financial officer of the Borrower in his capacity as such financ...
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Obligated Parties. International Processing Corporation International Transportation Service, Inc. The Standard Tallow Corporation Darling Restaurant Services Inc. Esteem Products Inc. By: /s/ -------------------------------------- Brad Phillips, Treasurer of eacx Obligated Party
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Related to Obligated Parties

  • Loan Parties Set forth on Schedule 5.20(b) is a complete and accurate list of all Loan Parties, showing as of the Closing Date, or as of the last date such Schedule was required to be updated in accordance with Sections 6.02, 6.13 and 6.14, (as to each Loan Party) (i) the exact legal name, (ii) any former legal names of such Loan Party in the four (4) months prior to the Closing Date, (iii) the jurisdiction of its incorporation or organization, as applicable, (iv) the type of organization, (v) the jurisdictions in which such Loan Party is qualified to do business, (vi) the address of its chief executive office, (vii) the address of its principal place of business, (viii) its U.S. federal taxpayer identification number or, in the case of any non-U.S. Loan Party that does not have a U.S. taxpayer identification number, its unique identification number issued to it by the jurisdiction of its incorporation or organization, (ix) the organization identification number, (x) ownership information (e.g., publicly held or if private or partnership, the owners and partners of each of the Loan Parties) and (xi) the industry or nature of business of such Loan Party.

  • Sub-Agents and Related Parties The Administrative Agent may perform any and all its duties and exercise its rights and powers by or through one or more sub-agents appointed by it. The Administrative Agent and any such sub-agent may perform any and all its duties and exercise its rights and powers through their respective Related Parties. The exculpatory provisions of the preceding Sections of this Article shall apply to any such sub-agent and to the Related Parties of the Administrative Agent and any such sub-agent, and shall apply to activities in connection with the syndication of the credit facilities provided for herein as well as activities as Administrative Agent.

  • Information Regarding Borrower and Guarantors Prompt written notice (and in any event within thirty (30) days prior thereto) of any change (i) in the Borrower or any Guarantor’s corporate name or in any trade name used to identify such Person in the conduct of its business or in the ownership of its Properties, (ii) in the location of the Borrower or any Guarantor’s chief executive office or principal place of business, (iii) in the Borrower or any Guarantor’s identity or corporate structure or in the jurisdiction in which such Person is incorporated or formed, (iv) in the Borrower or any Guarantor’s jurisdiction of organization or such Person’s organizational identification number in such jurisdiction of organization, and (v) in the Borrower or any Guarantor’s federal taxpayer identification number.

  • Business of the Borrower and the Subsidiaries Notwithstanding any other provisions hereof, engage at any time in any business or business activity other than any business or business activity conducted by any of them on the Closing Date and any business or business activities incidental or related thereto, or any business or activity that is reasonably similar thereto or a reasonable extension, development or expansion thereof or ancillary thereto.

  • Additional Credit Parties Upon (i) any Credit Party creating or acquiring any Subsidiary that is a Wholly Owned Restricted Subsidiary (other than any Excluded Subsidiary) after the Closing Date, (ii) any Wholly Owned Restricted Subsidiary of a Credit Party ceasing to be an Excluded Subsidiary (including, without limitation, an Immaterial Subsidiary being designated pursuant to Section 9.13 as an Excluded Immaterial Subsidiary) or (iii) any Revocation that results in an Unrestricted Subsidiary becoming a Wholly Owned Restricted Subsidiary (other than any Excluded Subsidiary) of a Credit Party (such Wholly Owned Restricted Subsidiary referenced in clause (i), (ii) or (iii) above, an “Additional Credit Party”), such Credit Party shall, assuming and to the extent that it does not violate any Gaming Law or assuming and to the extent it obtains the approval of the Gaming Authority to the extent such approval is required by applicable Gaming Laws (which Borrower hereby agrees to use commercially reasonable efforts to obtain), (A) cause each such Wholly Owned Restricted Subsidiary to promptly (but in any event within 45 days (or 95 days, in the event of any Discharge of any Indebtedness in connection with the acquisition of any such Subsidiary) after the later of such event described in clause (i), (ii) or (iii) above or receipt of such approval (or such longer period of time as Administrative Agent may agree to in its sole discretion), execute and deliver all such agreements, guarantees, documents and certificates (including Joinder Agreements, any amendments to the Credit Documents, lien searches and a Perfection Certificate) as Administrative Agent may reasonably request in order to have such Wholly Owned Restricted Subsidiary become a Guarantor and (B)(I) execute and deliver to Collateral Agent such amendments to or additional Security Documents as Collateral Agent deems necessary or advisable in order to grant to Collateral Agent for the benefit of the Secured Parties, a perfected security interest in the Equity Interests of such Additional Credit Party which are owned by any Credit Party and required to be pledged pursuant to the Security Agreement, (II) deliver to Collateral Agent the certificates (if any) representing such Equity Interests together with in the case of such Equity Interests, undated stock powers endorsed in blank, (III) cause such Additional Credit Party to take such actions necessary or advisable (including executing and delivering a Joinder Agreement) to grant to Collateral Agent for the benefit of the Secured Parties, a perfected security interest in the collateral described in (subject to any requirements set forth in the Security Agreement with respect to limitations on grant of security interests in certain types of assets or Pledged Collateral and limitations or exclusions from the requirement to perfect Liens on such Pledged Collateral and excluding acts with respect to perfection of security interests and Liens not required under, or excluded from the requirements under, the Security Agreement) the Security Agreement and all other Property (limited, in the case of any first-tier Foreign Subsidiary or CFC Holdco, to 65% of the voting Equity Interests and 100% of the non-voting Equity Interests of such Foreign Subsidiary or CFC Holdco) of such Additional Credit Party in accordance with the provisions of Section 9.08 hereof with respect to such Additional Credit Party, or as necessary under applicable law or as may be reasonably requested by Collateral Agent, and (IV) deliver to Collateral Agent all legal opinions reasonably requested by Collateral Agent with respect to such Additional Credit Party relating to the matters described above covering matters similar to those covered in the opinions delivered on the Closing Date; provided, however, that Borrower shall use its commercially reasonable efforts to obtain such approvals for any Mortgage(s) and Lien(s) (including pledge of the Equity Interests of such Subsidiary) to be granted by such Additional Credit Party and for the Guarantee of such Additional Credit Party as soon as reasonably practicable; provided, further, that, solely with respect of the Xxxx Las Vegas Entities (including the Xxxx Las Vegas Pledge), the requirements of subclause (B) above shall be subject to the limitations in any then outstanding Xxxx Las Vegas Notes (provided, however, that (i) with respect to the Xxxx Las Vegas Entities, the Borrower shall comply with the requirements of subclause (B) above to the maximum extent permitted by any then outstanding Xxxx Las Vegas Notes, including, without limitation, Section 4.09 of the indenture governing the Xxxx Las Vegas 2023 Notes and (ii) in connection with the Borrower’s compliance with clause (i) of this proviso, (x) the Borrower and the Administrative Agent shall amend or otherwise modify, without the consent of any other party, the Security Documents to the extent necessary to effectuate such compliance) and (y) the Administrative Agent shall enter into such intercreditor agreements (in forms reasonably satisfactory to the Adminsitrative Agent) with respect to the Xxxx Las Vegas Pledge with the holders of the Xxxx Las Vegas Notes to the extent necessary to effectuate such complaince. All of the foregoing actions shall be at the sole cost and expense of the Credit Parties. Notwithstanding the foregoing in this Section 9.11 to the contrary, it is understood and agreed that no Lien(s), Mortgage(s) and/or Guarantee of the applicable Additional Credit Party shall be required to be granted or delivered at such time as provided in the paragraph above in this Section 9.11 as a result of such Lien(s), Mortgage(s) and/or Guarantee being prohibited (i) by the applicable Gaming Authorities, any other applicable Governmental Authorities or applicable Law; provided, however, that Borrower has used its commercially reasonable efforts to obtain such approvals for such Lien(s), Mortgage(s) and/or Guarantee or (ii) any Contractual Obligation (except to the extent superseded by the applicable provisions of the UCC).

  • Borrower’s Subsidiaries Borrower does not presently have any Subsidiary or own any stock in any other corporation or association except those listed in the Disclosure Schedule. Neither Borrower nor any Restricted Person is a member of any general or limited partnership, joint venture or association of any type whatsoever except those listed in the Disclosure Schedule. Borrower owns, directly or indirectly, the equity interest in each of its Subsidiaries which is indicated in the Disclosure Schedule.

  • Obligors (a) A copy of the constitutional documents of each Obligor.

  • Parent Nothing herein shall be construed to limit or affect any action or inaction by (i) Parent or Merger Sub in accordance with the terms of the Merger Agreement or (ii) any Affiliate, officer, director or direct or indirect equity holder of Parent or Merger Sub acting in his or her capacity as a director or officer of Parent or Merger Sub; provided, however, that this Section 1.11 shall not relieve any such Person from any liability or obligation that he, she or it may have independently of this Agreement or as a consequence of any action or inaction by such Person.

  • Holdings The term "Holdings" shall have the meaning set forth in the preface.

  • Independent Parties The Parties are not employees or legal representatives of the other Party for any purpose. Neither Party shall have the authority to enter into any contracts in the name of or on behalf of the other Party. This Agreement shall not constitute, create, or in any way be interpreted as a joint venture, partnership, or business organization of any kind.

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