Predecessor Partnership Sample Clauses

Predecessor Partnership. Borrower represents and warrants to Silicon that all of the assets and liabilities of CNG Cylinder Company of North America, L.P. have been duly transferred to the Borrower, and that such transfer was in compliance with all applicable laws, rules and regulations. Borrower: NATURAL GAS VEHICLE SYSTEMS, INC. By /s/ Xxxxxx X. Xxxxxx ------------------------------------ President By /s/ Xxxxx X. Xxxxxxx ------------------------------------ Ass't Secretary Silicon: SILICON VALLEY BANK By [ILLEGIBLE] ------------------------------------ Title [ILLEGIBLE] --------------------------------- -------------------------------------------------------------------------------- [Logo] Silicon Valley Bank Amended and Restated Loan and Security Agreement Borrower: Natural Gas Vehicle Systems, Inc. Address: 0000 Xxxxxx Xxxxxxxxxx Xxxxxx Xxxx Xxxxx, Xxxxxxxxxx 00000 Date: October 12, 1994 THIS AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT is entered into on the above date between SILICON VALLEY BANK ("Silicon"), whose address is 0000 Xxxxxxxx Xxxxx, Xxxxx Xxxxx, Xxxxxxxxxx 00000-0000 and the borrower named above (the "Borrower"), whose chief executive office is located at the above address ("Borrower's Address"). This Agreement amends and restates in its entirety the Loan and Security Agreement dated June 2, 1992, as amended by that Amendment to Loan Agreement dated September 29, 1992, by that letter agreement dated October 30, 1992, by that letter agreement dated November 19, 1992, by that letter agreement dated December 15, 1992, by that Amendment to Loan Agreement dated March 29, 1993, by that Amendment to Loan Agreement dated July 22, 1993, by that Amendment to Loan Agreement dated October 13, 1993, by that Amendment to Loan Agreement dated June 1, 1994, and as such agreement has otherwise been amended from time to time (collectively referred to as the "Original Loan Agreement").
Sample 1
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Predecessor Partnership. Borrower represents and warrants to Silicon that all of the assets and liabilities of CNG Cylinder Company of North America, L.P. have been duly transferred to the Borrower, and that such transfer was in compliance with all applicable laws, rules and regulations. Borrower: NATURAL GAS VEHICLE SYSTEMS, INC. By /s/ [Illegible] --------------------------------- President and Vice President By /s/ [Illegible] --------------------------------- Secretary or Ass't Secretary Silicon Valley Bank Schedule to Loan and Security Agreement -------------------------------------------------------------------------------- Silicon: SILICON VALLEY BANK By /s/ [Illegible] --------------------------------- Title VP ------------------------------ -6- -------------------------------------------------------------------------------- [LOGO] Silicon Valley Bank Pledge Agreement
Sample 1

Related to Predecessor Partnership

  • Subsidiaries and Predecessor Corporations The Company does not have any predecessor corporation(s), no subsidiaries, and does not own, beneficially or of record, any shares of any other corporation.

  • Successor General Partner Upon the occurrence of an event giving rise to a Withdrawal of a General Partner, any remaining General Partner, or, if there be no remaining General Partner, the Withdrawing General Partner or its legal representative, shall promptly notify the Special Limited Partner of such Withdrawal (the "Withdrawal Notice"). Whether or not the Withdrawal Notice shall have been sent as provided herein, the Special Limited Partner shall have the right to become a successor General Partner (and to become the successor managing General Partner if the Withdrawing General Partner was previously the managing General Partner). In order to effectuate the provisions of this Section 13.4 and the continuance of the Partnership, the Withdrawal of a General Partner shall not be effective until the expiration of 120 days from the date on which occurred the event giving rise to the Withdrawal, unless the Special Limited Partner shall have elected to become a successor General Partner as provided herein prior to expiration of such 120-day period, whereupon the Withdrawal of the General Partner shall be deemed effective upon the notification of all the other Partners by the Special Limited Partner of such election.

  • No Agency or Partnership Nothing contained in this Agreement shall give either party the right to bind the other, or be deemed to constitute either party as agent for or partner of the other or any third party.

  • Successor Investment Company Unless this Agreement has been terminated in accordance with Paragraph 11, the terms and provisions of this Agreement shall become automatically applicable to any investment company which is a successor to the Trust as a result of reorganization, recapitalization or change of domicile.

  • No Joint Venture or Partnership Each Borrower and Lender intend that the relationship created hereunder be solely that of borrower and lender. Nothing herein is intended to create a joint venture, partnership, tenants-in-common, or joint tenancy relationship between any Borrower and Lender nor to grant Lender any interest in any Individual Property other than that of mortgagee or lender.

  • Trust Not a Partnership This Declaration creates a trust and not a partnership. No Trustee shall have any power to bind personally either the Trust's officers or any Shareholder.

  • BUSINESS OF THE PARTNERSHIP The purpose and nature of the business to be conducted by the Partnership is (i) to conduct any business that may be lawfully conducted by a limited partnership organized pursuant to the Act, provided, however, that such business shall be limited to and conducted in such a manner as to permit the General Partner at all times to qualify as a REIT, unless the General Partner otherwise ceases to qualify as a REIT, and in a manner such that the General Partner will not be subject to any taxes under Section 857 or 4981 of the Code, (ii) to enter into any partnership, joint venture, co-ownership or other similar arrangement to engage in any of the foregoing or the ownership of interests in any entity engaged in any of the foregoing and (iii) to do anything necessary or incidental to the foregoing. In connection with the foregoing, and without limiting the General Partner’s right in its sole and absolute discretion to qualify or cease qualifying as a REIT, the Partners acknowledge that the General Partner intends to qualify as a REIT for federal income tax purposes and upon such qualification the avoidance of income and excise taxes on the General Partner inures to the benefit of all the Partners and not solely to the General Partner. Notwithstanding the foregoing, the Limited Partners agree that the General Partner may terminate its status as a REIT under the Code at any time to the full extent permitted under the Charter. The General Partner on behalf of the Partnership shall also be empowered to do any and all acts and things necessary or prudent to ensure that the Partnership will not be classified as a “publicly traded partnership” for purposes of Section 7704 of the Code.

  • Formation of the Partnership The Partnership was formed as a limited partnership pursuant to the provisions of the Act and the Original Agreement and continued upon the terms and subject to the conditions set forth in this Agreement. Except as expressly provided herein to the contrary, the rights and obligations of the Partners and administration and termination of the Partnership shall be governed by the Act. The Partnership Interest of each Partner shall be personal property for all purposes.

  • Partnership The Partnership shall be given days’ notice to purchase the ownership interest under the same terms agreed upon by the potential buyer.

  • Trust Not a Partnership; Taxation It is hereby expressly declared that a trust and not a partnership is created hereby. No Trustee hereunder shall have any power to bind personally either the Trust's officers or any Shareholder. All persons extending credit to, contracting with or having any claim against the Trust or the Trustees shall look only to the assets of the appropriate Portfolio or, until the Trustees shall have established any separate Portfolio, of the Trust for payment under such credit, contract or claim; and neither the Shareholders, the Trustees, nor the Trust's officers nor any of the agents of the Trustees whether past, present or future, shall be personally liable therefor. It is intended that the Trust, or each Portfolio if there is more than one Portfolio, be classified for income tax purposes as an association taxable as a corporation, and the Trustees shall do all things that they, in their sole discretion, determine are necessary to achieve that objective, including (if they so determine), electing such classifications on Internal Revenue Form 8832. The Trustees, in their sole discretion and without the vote or consent of the Shareholders, may amend this Agreement to ensure that this objective is achieved.

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