Original Loan Documents. On the Closing Date, Borrower hereby acknowledges, ratifies and confirms the Original Loan Documents as being legal, valid and binding, and hereby represents and warrants to, and covenants with, the Agent that there are no claims or offsets against, or defenses or counterclaims to or against the rights of the Agent or the Lenders under or in connection with the Original Loan Documents, the Original Loan and Security Agreement or this Agreement. Without limiting the foregoing, in consideration of the Agent and the Lenders entering into this Agreement, Borrower hereby waives any and all such claims, offsets, defenses, or counterclaims, whether known or unknown, arising prior to the date hereof and relating to the Original Loan Documents, the Original Loan and Security Agreement or this Agreement.
Original Loan Documents. 1 Partnership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Mxxxxxx . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Carlyle 15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Original Loan Documents. (a) Except as expressly amended hereby, the Credit Agreement and the other Loan Documents are and shall remain in full force and effect.
(b) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any rights, power or remedy of any Agent or any Lender under the Credit Agreement or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein, except as specifically set forth herein.
(c) Upon the effectiveness of this Amendment, each reference in the Credit Agreement to “the Credit Agreement”, “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import shall mean and be a reference to the Credit Agreement as amended hereby, and each reference to the Credit Agreement in any other document, instrument or agreement and executed and/or delivered in connection with the Credit Agreement shall mean and be a reference to the Credit Agreement as amended hereby. This Amendment constitutes a “Loan Document” as defined and described in the Credit Agreement and all of the terms and provisions of the Credit Agreement relating to Loan Documents shall apply hereto.
Original Loan Documents so that the obligations of Original Borrower and New Borrower thereunder shall be the joint and several obligations of each and both of them.
Original Loan Documents. 1) Restated and Amended Mortgage and Security Agreement between Lake Worth Village, Ltd. and Pacific Mutual Life Insurance Company, dated February 15, 1994.
2) Amendment of Mortgage by and between Lake Worth Village, Ltd. and Pacific Life Insurance Company, dated September 1, 1998.
3) Mortgage Modification Agreement by and among Pacific Life Insurance Company, Lake Worth Village Ltd., Hometown Lake Worth, L.L.C. and Hometown America, L.L.C., dated November 22, 1999.
4) Renewed and Amended Secured Promissory Note by Lake Worth Village, Ltd. to the order of Pacific Mutual Life Insurance Company, dated February 15, 1994.
5) Secured Promissory Note by Lake Worth Village, Ltd. to the order of Pacific Mutual Life Insurance Company, dated December 14, 1994.
6) Amendment of Note by and between Lake Worth Village, Ltd. and Pacific Life Insurance Company, dated September 1, 1998.
7) Restated and Amended Assignment of Rents and Leases by and between Lake Worth Village, Ltd. and Pacific Mutual Life Insurance Company, dated February 15, 1994.
8) Restated and Amended Indemnity by Lake Worth Village, Ltd. in favor of Pacific Mutual Life Insurance Company, dated February 15, 1994.
Original Loan Documents. The Borrower and the Borrower Parties agree that, except to the extent amended or supplemented by the Amended and Restated Loan Agreement, the Amended and Restated Deposit Account Agreement, the New Pledges and this Acknowledgement, the Increased Original Loan Documents remain in full force and effect without modification.
Original Loan Documents. Within five Business Days after the Purchase Date for a Commercial Mortgage Loan, CLF will deliver the original promissory note and deed of trust or mortgage for, together with other documents and instruments evidencing or relating to, the Purchased Mortgage Loan and related transactions to the Custodian to hold in trust for the sole benefit of Bank.
Original Loan Documents. Amended and Restated Credit Agreement, dated as of April 15, 2014, by and among Aly Energy Services, Inc. (the “Borrower”), each subsidiary of the Borrower party thereto (each, a “Guarantor” and collectively with the Borrower, the “Credit Parties”), and Xxxxx Fargo Bank, National Association (“WF”).
Original Loan Documents. Borrower, on or before the Closing Date, executed and delivered or caused to be executed and delivered, to the Administrative Agent the following documents in form and substance acceptable to the Administrative Agent:
(a) The Original Agreement executed by Borrower.
(b) The Original Mortgage Note executed by Borrower.
(c) A mortgage, assignment of leases and rents, security agreement and fixture filing (the “Mortgage”), executed by Borrower in favor of the Administrative Agent for the benefit of the Lenders securing this Agreement, the Notes and all obligations of Borrower in connection with the Loan, granting a first priority lien on Borrower’s fee interest in the Subject Property, subject only to the Permitted Exceptions.
(d) An assignment of leases and rents made by Borrower in favor of Agent for the benefit of the Lenders assigning all leases, subleases and other agreements relating to the use and occupancy of all or any portion of the Subject Property, and all present and future leases, rents, issues and profits therefrom.
(e) A guaranty of completion (“Completion Guaranty”), executed by each Guarantor.
(f) The Original Payment Guaranty executed by each Guarantor.
(g) An environmental indemnity (“Indemnity”) from the Borrower and Guarantors.
(h) An assignment of construction documents (the “Assignment of Construction Documents”) executed by Borrower in favor of the Administrative Agent for the benefit of the Lenders, together with consents to the assignment and continuation agreements from the General Contractor and the Architect in the forms attached to the Assignment of Construction Documents.
(i) A collateral assignment of each of the General Contractor L/C, the BIDMC Lease L/C, the CBR Institute L/C, and the Children’s Hospital L/C.
(j) A collateral assignment of the Post-Closing Escrow Agreement, executed by Borrower in favor of Administrative Agent for the benefit of the Lenders.
(k) UCC financing statements to perfect or notify third parties of the security interests intended to be created by the Loan Documents.
Original Loan Documents. Notice of Final Agreement
