Pursuant to ss. 3803(a) of the Business Trust Act, the Holders of the Trust Preferred Securities shall be entitled to the same limitation of personal liability extended to stockholders of private corporations for profit organized under the General Corporation Law of the State of Delaware.
Pursuant to ss. 2.6.1 of the Credit Agreement, we hereby request that a Loan consisting in the principal amount of $________________________be made on________________________, _____. We understand that this request is irrevocable and binding on us and obligates us to accept the requested Loan on such date. We hereby certify (a) that the aggregate outstanding principal amount of the Loans on today's date is $______________________, (b) that we will use the proceeds of the requested Loan in accordance with the provisions of the Credit Agreement, (c) that each of the representations and warranties contained in the Credit Agreement or in any document or instrument delivered pursuant to or in connection with the Credit Agreement was true as of the date as of which it was made and is true at and as of the date hereof (except to the extent of changes resulting from transactions contemplated or permitted by the Credit Agreement and the other Loan Documents and changes occurring in the ordinary course of business that singly or in the aggregate are not materially adverse, and to the extent that such representations and warranties relate expressly to an earlier date) and (d) that no Default or Event of Default has occurred and is continuing. Very truly yours, NATIONSRENT, INC. NATIONSRENT USA, INC. NATIONSRENT TRANSPORTATION SERVICES, INC. NR DELAWARE, INC. NRGP,INC. NATIONSRENT WEST, INC. LOGAN EQUIPMENT CORP. NR DEALER, XXX. NR FRANCHISE COMPANY BDK EQUIPMENT COMPANY, INC., each as a debtor and a debtor in possession By: ----------------------- Name: Title: NATIONSRENT OF TEXAS, LP NATIONSRENT OF INDIANA, LP, each as a debtor and a debtor in possession By: NRGP, Inc., general partner By: ----------------------- Name: Title: EXHIBIT C ASSIGNMENT AND ACCEPTANCE Dated as of [_____________________, 200_] Reference is hereby made to that certain Amended and Restated Debtor In Possession Revolving Credit Agreement dated as of December 31, 2002 (as amended and in effect from time to time, the "CREDIT AGREEMENT"), by and among (i) NationsRent, Inc., a Delaware corporation and a debtor and a debtor in possession and its Subsidiaries party thereto, each as a debtor and a debtor in possession (collectively, the "BORROWERS"), (ii) the lending institutions referred to therein as Lenders (collectively, the "LENDERS"), and (iii) General Electric Capital Corporation, as administrative agent for the Lenders (as successor to Fleet National Bank) (the "ADMINISTRATIVE AGENT"), General Electric Capit...
Pursuant to ss. 15 of the Credit Agreement, the Borrower hereby agrees to pay to the Agent, on demand by the Agent, all reasonable out-of-pocket costs and expenses incurred or sustained by the Agent in connection with the preparation of this Amendment (including reasonable legal fees).
Pursuant to ss. 6045 of the Internal Revenue and Taxation Code, the Title Company shall be designated the "Closing Agent" hereunder and shall be solely responsible for complying with the Tax Reform Act of 1986 with regard to the reporting of all settlement information to the Internal Revenue Service.
Pursuant to ss. 3(a) of the Control Agreement, you are hereby directed to wire transfer, as soon as is practicable after receipt of the Consent of the Band, but within not more than two business days after your receipt thereof, the following sum: $ ----------------- from the Account to the Band Account as designated by the Band pursuant to ss. 13(a) of the Control Agreement. Dated: , ----------- ------ LAKES GAMING, INC. By: ------------------------------ Its: ------------------------------ EXHIBIT D-2 LAKES DRAW REQUEST (TRANSFERS TO ENTERPRISE ACCOUNT) To: Firstar Bank of Minnesota, N.A. 101 Xxxx Xxxxx Xxxxxx Xx. Xxxx, XX 00000 attn: Franx X. Xxxxxx RE: DRAW BY LAKES GAMING, INC., UNDER CONTROL AGREEMENT Dear Sir:
Pursuant to ss. A of the EPE/PNM Interconnection Agreement, EPE has firm transmission rights through the NNMTS for delivery at the West Mesa 345 kV bus equal to 7.0 % of the output of Four Corners Power Plant Units #4 and #5, with the right of substitution. The output of these units vary according to Plant conditions, therefore, EPE’s firm rights in the NNMTS and firm schedule through the PST will vary accordingly. However, for the purposes of the PST Base Setting and curtailment calculations in this Procedure, a nominal 104 MW value is used.
Pursuant to ss. 18-201 (d) of the Act, this Agreement shall be effective as of the time of the filing of the Certificate of Formation with the Office of the Delaware Secretary of State on November 22, 2004.
Pursuant to ss. 196 of the Employment Rights Xxx 0000 the Executive hereby agrees that no rights shall arise under xx.xx. 94 and 135 respectively of that Act in relation to this Agreement if the term of the Executive's Employment under it expires without being renewed.
Pursuant to ss. 2.10 of the Credit Agreement, you are invited to submit a competitive bid quote to the Borrower for the following proposed Competitive Bid Loan(s): -------------------------------------------------------------------------------- Requested Borrowing Date Principal Amount Interest Period -------------------------- ---------------------- ------------------------------ -------------------------- ---------------------- ------------------------------ -------------------------------------------------------------------------------- All Competitive Bid Quotes should specify a Competitive Bid Margin and must be submitted to the Agent by facsimile transmission at its offices as specified in or pursuant to ss.19 of the Credit Agreement not later than (a) 10:00 a.m. (Boston time) on the third LIBOR Business Day prior to the proposed Borrowing Date. Quotes received after these deadlines will not be forwarded to the Borrower. Submitted bids must be for $1,000,000 or a larger multiple of $500,000 and may not exceed the aggregate principal amount of Competitive Bid Loans for which offers were requested. All Competitive Bid Quotes should be submitted in substantially the form of Exhibit J to the Credit Agreement. Please follow-up your submitted written bids with telephone verification to confirm receipt. Very truly yours, Fleet National Bank, as Agent By:__________________________________ Exhibit J --------- FORM OF COMPETITIVE BID QUOTE Fleet National Bank, as Agent 000 Xxxxxxx Xxxxxx Xxxxxx, XX 00000 Ladies and Gentlemen: Re: Competitive Bid Quote to Liberty Property Limited Partnership This Competitive Bid Quote is given in accordance with ss.2.10 of the certain Credit Agreement (as amended and in effect from time to time, the "Credit Agreement") among Liberty Property Limited Partnership, a Pennsylvania limited partnership (the "Borrower"), the Co-Borrowers named therein, Liberty Property Trust, Fleet National Bank, the other Lenders and Fleet National Bank as agent (the "Agent") for itself and the other Lenders. Capitalized terms used herein shall have the meanings ascribed thereto in the Credit Agreement. In response to the Competitive Bid Quote Request of the Borrower dated _________________, 20___, we hereby make the following Competitive Bid Quote on the following terms:
Pursuant to ss. 17A of the Credit Agreement, on the Effective Date the New Lender shall fund its applicable portion of the outstanding Revolving Credit Loans in the manner set forth in ss.17A in such amounts as shall be necessary to result in the New Lender and each of the other Lenders then holding Revolving Credit Loans equal to its applicable Commitment Percentage (after giving effect to the adjustments thereof referred to above) of the aggregate principal amount of all Revolving Credit Loans then outstanding; and the Borrowers shall pay any amounts that may be applicable in connection with such funding arrangements pursuant to the final paragraph of ss.17A of the Credit Agreement. Any such payments of funds by the New Lender to (or for the account of) the other Lenders to effectuate the funding arrangements contemplated hereby in respect of the New Lender's Additional Commitment Amount shall constitute Revolving Credit Loans by the New Lender made to, and owed jointly and severally by, the Borrowers, all as provided in ss.17A.
