Other Terms and Covenants Sample Clauses

Other Terms and Covenants. Notwithstanding Section 3.1 above, the obligation of the Bank to make available the Facility to the Customer is further subject to the following conditions:- (a) no Events of Default have occurred and no event have occurred which, (i) with the giving of notice, lapse of time and/or upon the making of any necessary certification or determination, would constitute an Event of Default as a result of making any disbursement or to render the Facility to become immediately payable; and (ii) no event of default under any agreement or arrangement referred to in this Agreement has happened and is continuing; (b) no default has occurred in the performance by any party of any covenant or agreement contained in any of the agreements and arrangements referred to in this Agreement; (c) no extraordinary circumstances, governmental action or event has occurred which would result in a Material Adverse Effect that prejudices the ability of the Customer to observe and perform the covenants and obligations on its part to be performed under this Agreement; (d) as from the date when the Customer first applied for the Facility there have been no alterations or changes in the constitution, condition, financial position, operations, business or other affairs of the Customer which might affect the decision of the Bank to grant the Facility; (e) no breach of any covenant which will either constitute an act of default or lead to an act of default under the Facility, which permits the Bank to recall the Facility; (f) no unsatisfactory judgment or order made against the Customer and/or the Security Party; (g) the Bank will have the right to send any of its authorized representatives to visit and inspect the Property with full assistance from the Customer and/or the Security Party; (h) the Facility is subject to annual review and upon the Bank giving the Customer twenty (21) days’ prior notice, the Bank may, at its discretion, modify, vary or cancel the utilized and/or unutilized portion of the Facility or part thereof; (i) each of the representations and warranties set out in Section 9 herein remains true and accurate and not misleading; and (j) subject to the Bank giving twenty one (21) days’ prior notice, the Bank has the right to cancel the Facility if it is not used for the Purpose or if the Facility is used for a purpose prohibited by Shariah.

Other Terms and Covenants. In all other respects, the original Lease dated January 17, 1995 shall remain in full force and effect as originally agreed. LESSOR: LESSEE: CAL-WESTERN FARMING COMPANY BANK OF VISALIA (PROPOSED) By: /s/ Lxxxxx X. Xxxxxxxxxx By: /s/ Oxxxxx Xxxxxxx ---------------------------- -------------------------------- Lxxxxx X. Xxxxxxxxxx Oxxxxx Xxxxxxx, Chairman By: /s/ Wxxxxx Xxxxxx -------------------------------- Wxxxxx Xxxxxx, Secretary SECOND AMENDMENT TO LEASE This Second Amendment to Lease is entered into, and effective, as of October 9, 1995, between CAL-WESTERN FARMING COMPANY, herein called "Lessor", and BANK OF VISALIA ("PROPOSED"), herein called "Lessee".

Other Terms and Covenants. In all other respects, the original Lease dated January 17, 1995, and First Amendment to Lease dated as of June 1, 1995, shall remain in full force and effect as originally agreed. LESSOR: LESSEE: CAL-WESTERN FARMING COMPANY BANK OF VISALIA (PROPOSED) By: /s/ Lxxxxx X. Xxxxxxxxxx By: /s/ Wxxxxx Xxxxxx ---------------------------- --------------------------------- Lxxxxx X. Xxxxxxxxxx Wxxxxx Xxxxxx, Chairman By: /w/ Mxxxxxx X. Xxxxxxx --------------------------------- Mxxxxxx X. Xxxxxxx, Secretary THIRD AMENDMENT TO LEASE This Third Amendment to Lease is entered into, and effective, as of January 22, 1996, between CAL-WESTERN FARMING COMPANY, herein called "Lessor", and BANK OF VISALIA ("PROPOSED"), herein called "Lessee".

Other Terms and Covenants. In all other respects, the original Lease dated January 17, 1995 as Amended shall remain in full force and effect as originally agreed. LESSOR: LESSEE: CAL-WESTERN FARMING COMPANY BANK OF VISALIA (PROPOSED) By: /s/ Lxxxxx X. Xxxxxxxxxx By: /s/ Wxxxxx Xxxxxx ----------------------------------- -------------------------------- Lxxxxx X. Xxxxxxxxxx, Secretary Chairman By: /w/ Mxxxxxx X. Xxxxxxx -------------------------------- Secretary