Common use of Purpose and Transfer Clause in Contracts

Purpose and Transfer. The purpose of the Commitment is to provide working capital to the Company. In addition, the purpose of the Commitment is to consolidate under this Supplement the Company’s existing indebtedness to Lead Lender under the Term Loan Supplement dated June 20, 2011 and numbered RI0470T01D (the “Existing Agreement”). The Company agrees that on the date when all conditions precedent to Lead Lender’s obligation to extend credit hereunder have been satisfied: (A) the principal balance outstanding under the Existing Agreement shall be transferred to and charged against the Commitment; (B) all accrued obligations of the Company under the Existing Agreement for the payment of interest or other charges shall be billed out after principal transfer; and (C) the Existing Agreement and the promissory note set forth in or executed in connection therewith shall be deemed replaced and superseded, but the indebtedness evidenced by such note shall not be deemed to have been paid off, by this Supplement and the MLA. In addition, in the event any balances bearing interest at a fixed rate are outstanding on the date such loans are being transferred hereto, then such balances shall continue to be subject to such rates for the remaining agreed upon fixed rate periods but shall otherwise be subject to the terms hereof.

Appears in 1 contract

Samples: Revolving Term Loan Supplement (Green Plains Inc.)

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Purpose and Transfer. The purpose of the Commitment is to provide working capital finance the operating needs of the Company and to renew, extend, and refinance the Company. In addition, the purpose of the Commitment is 's obligations to consolidate CoBank under this Supplement the Company’s 's existing indebtedness reinstatable term loan (the "Existing Reinstatable Term Loan") as currently evidenced by Note No. 31143NP (the "Note") entered into pursuant to Lead Lender under the Term Loan Supplement Agreement dated June 20March 5, 2011 and numbered RI0470T01D 1999 (the "Existing Agreement"). The Company agrees that on the date when all conditions precedent to Lead Lender’s CoBank's obligation to extend credit hereunder have been satisfied: (Aa) the principal balance outstanding under the Existing Agreement Reinstatable Term Loan shall be transferred to and charged against the Commitment; (Bb) all accrued obligations of the Company under the Existing Agreement Reinstatable Term Loan for the payment of interest or other charges shall be billed out after principal transfertransferred to and become part of the Company's obligations under this Supplement as if fully set forth herein; and, (c) the Note and (C) the Existing Agreement and (to the promissory note set forth in or executed in connection therewith extent applicable to the Note) shall be deemed replaced and superseded, but the indebtedness evidenced by such note Notes shall not be deemed to have been paid off, by this Supplement and the MLA. In addition, in the event any balances bearing interest at a fixed rate are outstanding on the date such loans are being transferred hereto, then such balances shall continue to be subject to such rates for the remaining agreed upon fixed rate periods but shall otherwise be subject to the terms hereof.

Appears in 1 contract

Samples: Master Loan Agreement (American Crystal Sugar Co /Mn/)

Purpose and Transfer. The purpose of the Commitment is to provide working capital finance the operating needs of the Company and to renew, extend, and refinance the Company. In addition, the purpose of the Commitment is 's obligations to consolidate CoBank under this Supplement the Company’s 's existing indebtedness reinstatable term loan (the "Existing Reinstatable Term Loan") as currently evidenced by Note No. 31143 (the "Note") entered into pursuant to Lead Lender under the Term Loan Supplement Agreement dated June 20March 5, 2011 and numbered RI0470T01D 1999 (the "Existing Agreement"). The Company agrees that on the date when all conditions precedent to Lead Lender’s CoBank's obligation to extend credit hereunder have been satisfied: (Aa) the principal balance outstanding under the Existing Agreement Reinstatable Term Loan shall be transferred to and charged against the Commitment; (Bb) all accrued obligations of the Company under the Existing Agreement Reinstatable Term Loan for the payment of interest or other charges shall be billed out after principal transfertransferred to and become part of the Company's obligations under this Supplement as if fully set forth herein; and, (c) the Note and (C) the Existing Agreement and (to the promissory note set forth in or executed in connection therewith extent applicable to the Note) shall be deemed replaced and superseded, but the indebtedness evidenced by such note Note shall not be deemed to have been paid off, by this Supplement and the MLA. In addition, in the event any balances bearing interest at a fixed rate are outstanding on the date such loans are being transferred hereto, then such balances shall continue to be subject to such rates for the remaining agreed upon fixed rate periods but shall otherwise be subject to the terms hereof.

Appears in 1 contract

Samples: Master Loan Agreement (American Crystal Sugar Co /Mn/)

Purpose and Transfer. The purpose of the Commitment is to provide working capital to partially finance the Company’s construction of a 100 million gallon (annual) ethanol plant (the “Improvements”) identified in the plans and specifications provided to and approved by Agent pursuant to Section 7(A)(xi) of the MLA (as the same may be amended pursuant to Section 12(A) herein, the “Plans”), on real property owned by the Company near Fairmont, Nebraska (the “Property”), and the Company agrees to utilize the proceeds of the Commitment for that purpose only. In addition, the purpose of the Commitment is to consolidate under this Supplement the Company’s existing indebtedness to Lead Lender Farm Credit under the Construction and Term Loan Supplement dated June November 20, 2011 2006 and numbered RI0470T01D RI0475T01, as amended (the “Existing Agreement”). The Company agrees that on the date when all conditions precedent to Lead LenderFarm Credit’s obligation to extend credit hereunder have been satisfied: (A) the principal balance outstanding under the Existing Agreement shall be transferred to and charged against the Commitment; (B) all accrued obligations of the Company under the Existing Agreement for the payment of interest or other charges shall be billed out after principal transfertransferred to and become part of the Company’s obligations under this Supplement as if fully set forth herein; and (C) the Existing Agreement and the promissory note set forth in or executed in connection therewith shall be deemed replaced and superseded, but the indebtedness evidenced by such note shall not be deemed to have been paid off, by this Supplement and the MLA. In addition, in the event any balances bearing interest at a fixed rate are outstanding on the date such loans are being transferred hereto, then such balances shall continue to be subject to such rates for the remaining agreed upon fixed rate periods but shall otherwise be subject to the terms hereof.

Appears in 1 contract

Samples: Construction and Term Loan Supplement (Advanced BioEnergy, LLC)

Purpose and Transfer. The purpose of the Commitment is to provide working capital to the Company. In addition, the purpose of the Commitment is to consolidate under this Supplement the Company’s 's existing indebtedness to Lead Lender under the Construction Term Loan Supplement dated June 20March 24, 2011 2005 and numbered RI0470T01D R10218T01, as previously amended, (the "Existing Agreement"). The Company agrees that on the date when all conditions precedent to Lead Lender’s 's obligation to extend credit hereunder have been satisfied: (A) the principal balance outstanding under the Existing Agreement shall be transferred to and charged against the Commitment; (B) all accrued obligations obligation of the Company under the Existing Agreement for the payment of interest or other charges shall be billed out after principal transfertransferred to and become part of the Company's obligation under this Supplement as if fully set forth herein; and (C) the Existing Agreement and the promissory note set forth in or executed in connection therewith shall be deemed replaced and superseded, but the indebtedness evidenced by such note shall not be deemed to have been paid off, by this Supplement and the MLA. In addition, in the event any balances bearing interest at a fixed rate are outstanding on the date such loans are being transferred hereto, then such balances shall continue to be subject to such rates for the remaining agreed upon fixed rate periods but shall otherwise be subject to the terms hereof.

Appears in 1 contract

Samples: Revolving Term Loan Supplement (Lincolnway Energy, LLC)

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Purpose and Transfer. The purpose of the Commitment is to partially finance the Company’s construction of a 100 million gallon (annual) ethanol plant (the “Improvements”) identified in the plans and specifications provided to and approved by Agent pursuant to Section 7(A)(xi) of the MLA (as the same may be amended pursuant to Section 12(A) herein, the “Plans”), on real property owned by the Company near Fairmont, Nebraska (the “Property”) and to provide working capital to the Company. In addition, the purpose of the Commitment is to consolidate under this Supplement the Company’s existing indebtedness to Lead Lender CoBank under the Construction and Revolving Term Loan Supplement dated June November 20, 2011 2006 and numbered RI0470T01D RI0475T02, as amended (the “Existing Agreement”). The Company agrees that on the date when all conditions precedent to Lead LenderAgent’s obligation to extend credit hereunder have been satisfied: (A) the principal balance outstanding under the Existing Agreement shall be transferred to and charged against the Commitment; (B) all accrued obligations of the Company under the Existing Agreement for the payment of interest or other charges shall be billed out after principal transfertransferred to and become part of the Company’s obligations under this Supplement as if fully set forth herein; and (C) the Existing Agreement and the promissory note set forth in or executed in connection therewith shall be deemed replaced and superseded, but the indebtedness evidenced by such note shall not be deemed to have been paid off, by this Supplement and the MLA. In addition, in the event any balances bearing interest at a fixed rate are outstanding on the date such loans are being transferred hereto, then such balances shall continue to be subject to such rates for the remaining agreed upon fixed rate periods but shall otherwise be subject to the terms hereof. The Company agrees to utilize the proceeds of the Commitment for these purposes only.

Appears in 1 contract

Samples: Construction and Revolving Term Loan Supplement (Advanced BioEnergy, LLC)

Purpose and Transfer. The purpose of the Commitment is to provide working capital finance the operating needs of the Company and to renew, extend, and refinance the Company. In addition, the purpose of the Commitment is 's obligations to consolidate CoBank under this Supplement the Company’s 's existing indebtedness reinstatable term loan (the "Existing Reinstatable Term Loan") as currently evidenced by Note No. 31144NP (the "Note") entered into pursuant to Lead Lender under the Term Loan Supplement Agreement dated June 20March 5, 2011 and numbered RI0470T01D 1999 (the "Existing Agreement"). The Company agrees that on the date when all conditions precedent to Lead Lender’s CoBank's obligation to extend credit hereunder have been satisfied: (Aa) the principal balance outstanding under the Existing Agreement Reinstatable Term Loan shall be transferred to and charged against the Commitment; (Bb) all accrued obligations of the Company under the Existing Agreement Reinstatable Term Loan for the payment of interest or other charges shall be billed out after principal transfertransferred to and become part of the Company's obligations under this Supplement as if fully set forth herein; and, (c) the Note and (C) the Existing Agreement and (to the promissory note set forth in or executed in connection therewith extent applicable to the Note) shall be deemed replaced and superseded, but the indebtedness evidenced by such note Note shall not be deemed to have been paid off, by this Supplement and the MLA. In addition, in the event any balances bearing interest at a fixed rate are outstanding on the date such loans are being transferred hereto, then such balances shall continue to be subject to such rates for the remaining agreed upon fixed rate periods but shall otherwise be subject to the terms hereof.

Appears in 1 contract

Samples: Master Loan Agreement (American Crystal Sugar Co /Mn/)

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