Patronage Payments. Borrower acknowledges and agrees that: (a) only that portion of the Loans represented by CoBank’s Individual Outstanding 5-Year Obligations which is retained by CoBank for its own account at any time is entitled to patronage distributions in accordance with CoBank’s bylaws and its practices and procedures related to patronage distribution; (b) any patronage, or similar, payments to which Borrower is entitled on account of its ownership of Bank Equity Interests or otherwise will not be based on any portion of CoBank’s interest in the Loans in which CoBank has at any time granted a participation interest or other assignment of rights or obligations under the Loan Documents; and (c) that portion of the Loans represented by the Individual Outstanding 5-Year Obligations which is retained by any other Farm Credit System Institution (other than CoBank) for its own account at any time is entitled to patronage distributions in accordance with such Farm Credit System Institution’s bylaws and its practices and procedures related to patronage distribution only if Borrower has a written agreement to that effect from such Farm Credit System Institution.
Patronage Payments. Borrowers acknowledge and agree that: (i) only that portion of the Loans represented by CoBank's Pro Rata Share which is retained by CoBank for its own account is entitled to patronage distributions in accordance with CoBank's bylaws and its practices and procedures related to patronage distribution; and (ii) any patronage, or similar payments to which Borrowers are entitled on account their ownership of CoBank Equity Interests or otherwise will not be based on any portion of CoBank's interest in the Loans in which CoBank has at any time granted a participation interest.
Patronage Payments. All claims by members for cash payments of patronage dividends, revolvements and redemptions under applicable laws, including bankruptcy, insolvency, receivership or similar laws now or hereafter in effect, are claims in respect of equity interests and will rank junior in right of payment to all obligations under this Agreement, the Indenture, the Securities and the Exchange Securities.
Patronage Payments. Borrower acknowledges and agrees that any patronage, or similar, payments to which Borrower is entitled on account its ownership of CoBank Equity Interests will not be based on any portion of its Syndication Share in which CoBank has at any time granted a participation interest.
Patronage Payments. Borrower acknowledges and agrees that: (a) only that portion of the Loan represented by CoBank’s Individual 364-Day Pro Rata Share and/or CoBank’s Individual 5-Year Pro Rata Share which is retained by CoBank for its own account at any time is entitled to patronage distributions in accordance with CoBank’s bylaws and its practices and procedures related to patronage distribution; (b) any patronage, or similar, payments to which Borrower is entitled on account its ownership of Bank Equity Interests or otherwise will not be based on any portion of CoBank’s interest in the Loans in which CoBank has at any time granted a participation interest; and (c) that portion of the Loan represented by the Individual 364-Day Pro Rata Share and/or the Individual 5-Year Pro Rata Share which is retained by any other Farm Credit System Institution (other than CoBank) for its own account at any time is entitled to patronage distributions in accordance with such Farm Credit System Institution’s bylaws and its practices and procedures related to patronage distribution only if Borrower has a written agreement to that effect from such Farm Credit System Institution.
Patronage Payments. 52 14.16 Mutual Release ....................................................52 14.17 Liberal Construction ..............................................52 14.18 Counterparts ......................................................52 14.19 Confidentiality ...................................................52 EXHIBITS Exhibit 1.24 Compliance Certificate Exhibit 1.93 Restricted Subsidiary Exhibit 2.3 Borrowing Notice Exhibit 2.4 Promissory Note Form Exhibit 4.1 Principal Payments Exhibit 7.3 Litigation Exhibit 7.8 Payment of Taxes Exhibit 7.11 Equity Investments Exhibit 7.12 Permitted Encumbrances Exhibit 7.14 Environmental Compliance Exhibit 10.1 Existing Indebtedness Exhibit 13.26 Syndication Acquisition Agreement Exhibit 13.28 Wire Instructions CREDIT AGREEMENT (TERM LOAN) Cenex Harvest States Cooperatives Loan No. T-39610 THIS AGREEMENT ("CREDIT AGREEMENT") is entered into as of the 1st day of June 1998, by and between COBANK, ACB ("COBANK") for its own benefit as a Syndication Party and as Co-Syndication Agent, and ST. XXXX BANK FOR COOPERATIVES ("ST. XXXX BANK"), for its own benefit as a Syndication Party, as Co-Syndication Agent, and as the Administrative Agent for the benefit of the present and future Syndication Parties (in that capacity "ADMINISTRATIVE AGENT"), the other Syndication Parties identified on Schedule 2 hereto, and CENEX HARVEST STATES COOPERATIVES (formerly known as Harvest States Cooperatives), a cooperative corporation formed under the laws of the State of Minnesota, whose address is 0000 Xxxxx Xxxxx, Xxxxx Xxxxx Xxxxxxx, Xxxxxxxxx 00000 ("BORROWER").
Patronage Payments. 59 17.16 Mutual Release............................................................59 17.17 Liberal Construction......................................................59 EXHIBITS AND SCHEDULES
Patronage Payments. 77 17.16 Direct Website Communications; Electronic Mail Communications.....................................................77 17.16.1 Delivery.....................................................77 17.16.2 Posting......................................................78 17.16.3 Additional Communications....................................78 17.16.4 Disclaimer...................................................78 17.16.5 Termination..................................................79 17.17 Mutual Release.....................................................79 17.18 Liberal Construction...............................................79 17.19 Counterparts.......................................................79 17.20 Confidentiality....................................................79 xix EXHIBITS Exhibit 1.43 Compliance Certificate Exhibit 1.70 Existing Letters of Credit Exhibit 1.146 List of Restricted Subsidiaries Exhibit 1.148 List of Subsidiaries Exhibit 2.3 364-Day Borrowing Notice Exhibit 2.4 364-Day Facility Note Form Exhibit 3.3 3-Year Borrowing Notice Exhibit 3.4 3-Year Facility Note Form Exhibit 4.3 Bid Request Form (364-Day Facility) Bid Request Form (3-Year Facility) Exhibit 4.4 Bid Form (364-Day Facility) Bid Form (3-Year Facility) Exhibit 4.5 Bid Selection Notice (364-Day Facility) Bid Selection Notice (3-Year Facility) Exhibit 6.7 Special Interest Rates Exhibit 10.3 Litigation Exhibit 10.8 Payment of Taxes Exhibit 10.10 Employee Benefit Plans Exhibit 10.11 Equity Investments Exhibit 10.14 Environmental Compliance
Patronage Payments. Borrower acknowledges and agrees that: (a) only that portion of the Loans which is retained by CoBank for its own account at any time is entitled to patronage distributions in accordance with CoBank’s bylaws and its practices and procedures related to patronage distribution; (b) any patronage, or similar, payments to which Borrower is entitled on account its ownership of Bank Equity Interests or otherwise will not be based on any portion of CoBank’s interest in the Loans in which CoBank has at any time granted a participation interest; and (c) that portion of the Loans which is retained by any other Farm Credit System Institution (other than CoBank) for its own account at any time is entitled to patronage distributions in accordance with such Farm Credit System Institution’s bylaws and its practices and procedures related to patronage distribution only if Borrower has a written agreement to that effect with such Farm Credit System Institution.
Patronage Payments. Borrower acknowledges and agrees that: (a) only that portion of the Loan represented by CoBank's Syndication Share which is retained by CoBank for its own account is entitled to patronage distributions in accordance with CoBank's bylaws and its practices and procedures related to patronage distribution; and (b) any patronage, or similar, payments to which Borrower is entitled on account its ownership of CoBank Equity Interests or otherwise will not be based on any portion of CoBank's Syndication Share in which CoBank has at any time granted a participation interest.
