Reaffirmation of Pre-Petition Loan Documents Sample Clauses

Reaffirmation of Pre-Petition Loan Documents. The Pre-Petition Credit Agreement and the Pre-Petition Loan Documents remain in full force and effect, and Company shall continue to perform all of its obligations thereunder, including without limitation, the timely payment of all payments of principal and interest due on the Pre-Petition Indebtedness, including the Advances, the Term Loan and the Term Loan E (as such terms are defined in the Pre-Petition Credit Agreement). COMPANY AND XXXXX FARGO have executed this Agreement through their authorized officers as of the date set forth above. XXXXX FARGO BANK, NATIONAL ASSOCIATION By: Name: Xxxxx X. Xxx Its Vice President NURSERYMEN’S EXCHANGE, INC., a California corporation By: Name: Title: Xxxxx Fargo Bank, National Association Nurserymen’s Exchange, Inc. 000 Xxxxx Xxx Xxxxxx 0000 Xxxxx Xxxxxxxx Xxxxxxx Xxxxx 000 Xxxx Xxxx Xxx, XX 00000 Xxxxxxxx, XX 00000 Fax: (000) 000-0000 Fax: (000) 000-0000 Attention: Xxxx Xxxxxxxxxx Attention: Xxxxx X. Xxx e-mail: xxxxxxxxxxx@xxxxxxxxx.xxx e-mail: xxxxxxxx@xxxxxxxxxx.xxx Federal Employer Identification No.: 00-0000000 Organizational Identification No.: C0348449 Credit and Security Agreement REVOLVING NOTE $5,000,000 May 23, 2011 FOR VALUE RECEIVED, the undersigned, NURSERYMEN’S EXCHANGE, INC., a California corporation, a debtor and a debtor-in-possession under chapter 11 of the Bankruptcy Code (the “Company”), hereby promises to pay to the order of XXXXX FARGO BANK, NATIONAL ASSOCIATION (“Xxxxx Fargo”), acting through its XXXXX FARGO BUSINESS CREDIT operating division, on the Termination Date described in the Debtor-In-Possession Credit and Security Agreement dated as of even date herewith (as amended from time to time, the “Agreement”) and entered into between Xxxxx Fargo and Company, at Xxxxx Fargo’s office at 000 Xxxxx Xxx Xxxxxx, Suite 700, Pasadena, CA 91101, or at any other place designated at any time by the holder, in lawful money of the United States of America and in immediately available funds, the principal sum of Five Million Dollars ($5,000,000) or the aggregate unpaid principal amount of all Advances under the Post-Petition Line of Credit made by Xxxxx Fargo to Company under the terms of the Agreement, together with interest on the principal amount computed on the basis of actual days elapsed in a 360-day year, from the date of this Revolving Note until this Revolving Note is fully paid at the rate from time to time in effect under the terms of the Agreement. Principal and interest accruing on the unpa...
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Related to Reaffirmation of Pre-Petition Loan Documents

  • Reaffirmation Each of the Credit Parties that is a party hereto, as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Party grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Documents to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Party granted liens on or security interests in any of its property pursuant to any such Financing Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Parties hereby consents to this Amendment and acknowledges that each of the Financing Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment shall not operate as a waiver of any right, power or remedy of the Agent or Lenders or constitute a waiver of any provision of any of the Financing Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations.

  • Affirmation of the TBT Agreement 1. Each Party affirms its rights and obligations with respect to each other Party under the TBT Agreement.

  • Amendments to Credit Agreement The Credit Agreement is hereby amended as follows:

  • Subordinate Loan Documents The executed Subordinate Loan Documents are substantially in the same form as those submit­ted to, and approved by, HUD prior to the date of this Agreement. Upon execution and delivery of the Subordinate Loan Documents, Borrower shall deliver to Senior Lender an executed copy of each of the Subordinate Loan Documents, certified to be true, correct and complete.

  • Loan Agreement This Agreement duly executed by Borrower and Lender.

  • SUBORDINATION OF AGREEMENT 18.1 The parties hereto and the employees of the City are governed by the provisions of applicable Federal Law, State Law, and the City Charter. When any provisions thereof are in conflict with the provisions of this Agreement, the provisions of said Federal Law, State Law, or City Charter are paramount and shall prevail.

  • Borrower Not Released; Forbearance By Lender Not a Waiver Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Xxxxxx to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender’s acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy.

  • AMENDMENTS TO APPLICATION AND AGREEMENT; WAIVERS A. This Agreement may not be modified or amended except by an instrument or instruments in writing signed by all of the Parties and after completing the requirements of Section

  • Loan Documents Borrower shall provide to Lender the following documents for the Loan: (1) the Note; (2) Security Agreements granting to Lender security interests in the Collateral; (3) financing statements and all other documents perfecting Lender's Security Interests; (4) evidence of insurance as required below; (5) together with all such Related Documents as Lender may require for the Loan; all in form and substance satisfactory to Lender and Lender's counsel.

  • Amendment of Bidding Documents 10.1 Before the deadline for submission of bids, the Employer may modify the bidding documents by issuing addenda.

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