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").
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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

Related to Predecessor Partnership

  • Successor Partners For purposes of this Exhibit B, a transferee of a Partnership Interest shall be deemed to have been allocated the Net Income, Net Loss, Net Property Gain, Net Property Loss and other items of Partnership income, gain, loss, deduction and credit allocable to the transferred Partnership Interest that previously have been allocated to the transferor Partner pursuant to this Agreement.

  • Subsidiaries and Predecessor Corporations The Company does not have any predecessor corporation(s) or subsidiaries, and does not own, beneficially or of record, any shares of any other corporation.

  • Successor Companies In the case of the amalgamation, consolidation, arrangement, merger or transfer of the undertaking or assets of the Company as an entirety or substantially as an entirety to another person (a “successor company”), the successor company resulting from the amalgamation, consolidation, arrangement, merger or transfer (if not the Company) shall be bound by the provisions hereof and all obligations for the due and punctual performance and observance of each and every covenant and obligation contained in this Indenture to be performed by the Company and the successor company shall by supplemental indenture satisfactory in form and substance to the Warrant Agent and executed and delivered by the successor company to the Warrant Agent, expressly assume those obligations.

  • Successor Company The Company shall require any successor or successors (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company, by agreement in form and substance satisfactory to the Employee, to acknowledge expressly that this Agreement is binding upon and enforceable against the Company in accordance with the terms hereof, and to become jointly and severally obligated with the Company to perform this Agreement in the same manner and to the same extent that the Company would be required to perform if no such succession or successions had taken place. Failure of the Company to obtain such agreement prior to the effectiveness of any such succession shall be a breach of this Agreement. As used in this Agreement, the Company shall mean the Company as hereinbefore defined and any such successor or successors to its business and/or assets, jointly and severally.

  • 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 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, tenancy-in-common, or joint tenancy relationship between Borrower and Lender nor to grant Lender any interest in the Collateral other than that of secured party, 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.

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