RECITALS AND CERTAIN DEFINITIONS Sample Clauses

RECITALS AND CERTAIN DEFINITIONS. The Recitals set forth above are true and correct and are incorporated into this Amendment by this reference as if they were fully set forth herein. Unless the context requires otherwise, terms defined in the Loan Agreement shall have the same meaning in this Amendment. The term “Loan Agreement” as defined therein and in the other Loan Documents shall mean the Loan Agreement as amended, including by this Amendment.
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RECITALS AND CERTAIN DEFINITIONS. Lender owns fee title to certain real property (the "Land") located in Los Angeles, California, which Land is described in EXHIBIT A attached hereto and forming a part hereof by this reference.
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RECITALS AND CERTAIN DEFINITIONS. 1.1 This Amendment is entered into a. with reference to that certain Second Amended and Restated Loan Agreement dated October 4, 1994, among Trustor, Additional Debtor, Beneficiary and the Banks so defined therein (the "Original Loan Agreement"), and b. in conjunction with an Amendment No. 1 to Loan Agreement of even date herewith among Trustor, Additional Debtor and Beneficiary (the "Loan Agreement Amendment") and certain other documents of even date herewith that are described in the Loan Agreement Amendment and/or that are otherwise being executed with reference thereto (collectively, together with the Loan Agreement Amendment, this Amendment and the Master Note and Discretionary Notes described below, the "Modification Documents"). The Original Loan Agreement, as modified from time to time (including by the Loan Agreement Amendment), is referred to herein as the "Loan Agreement." 1.2 The Modification Documents modify obligations that are presently secured by the Deed of Trust, including without limitation certain obligations evidenced by the "Notes" so defined in the Original Loan Agreement and the Original Deed of Trust (the "Original Notes"), each executed by Trustor. Such modifications include, without limitation, an extension of the maturity date of the Loan (as defined in the Original Deed of Trust) and a change to the interest rate(s) applicable thereto. Capitalized terms used and not otherwise defined herein have the meanings set forth for them in the Loan Agreement Amendment or, if not defined therein, have the meanings set forth for them in the Original Loan Agreement. 1.3 As further described in the Loan Agreement Amendment, Beneficiary has been appointed as the "Administrative Agent" for the Banks under the Loan Agreement, and the Loan Agreement Amendment provides that each reference to the "Managing Agent" in any Loan Document (including without limitation in the Deed of Trust) shall be deemed a reference to the "Administrative Agent." 1.4 Also as further described in the Loan Agreement Amendment, the Original Notes have been superseded and replaced by a single "Master Note" of even date herewith that is so defined in the Loan Agreement Amendment, which Master Note, in the face principal amount of $62,278,433.79, has been made by Trustor to the order of Beneficiary to collectively evidence the Loans made by all of the Banks that were formerly evidenced by a separate promissory note in favor of each Bank. Notwithstanding the fact that the Ma...
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RECITALS AND CERTAIN DEFINITIONS. Buyer desires to purchase from Seller and Seller desires to sell to Buyer, on the terms and subject to the conditions of this Agreement, certain inventory, equipment and other assets of Seller in exchange for the cash and other consideration of Buyer described herein.
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RECITALS AND CERTAIN DEFINITIONS. The Guarantor acknowledges that the above recitals are true and correct, and hereby incorporates the same by this reference into the body of this Agreement. The term "Financing Documents" as used herein means collectively and includes this Agreement, the Loan Agreement, the Note (as such term is defined in the Loan Agreement), the Deed of Trust (as such term is defined in the Loan Agreement) and any other instrument, document or agreement both now and hereafter executed, delivered or furnished by the Borrower or any other person evidencing, guaranteeing, securing or in connection with, the Credit Facility. The term "Project" as used herein means the construction of the Improvements (as such term is defined in the Loan Agreement) on the Land (as such term is defined in the Loan Agreement) in accordance with the Plans and Specifications (as such term is defined in the Loan Agreement). The term "Borrower's Obligations" means all present and future debts, obligations and liabilities of the Borrower to the Bank arising pursuant to, and/or on account of, the provisions of the Loan Agreement, the Note and any of the other Financing Documents, including, without limitation, the obligation (a) to pay all principal, interest, late charges and prepayment premiums (if any) due at any time under the Note; (b) to pay all expenses, indemnification payments and other sums due at any time under the Deed of Trust, together with interest thereon as provided in the Note; and (c) to perform, observe and comply with all of the terms, covenants and conditions, expressed or implied, which the Borrower is required to perform, observe or comply with pursuant to the terms of the Loan Agreement, the Deed of Trust or any of the other Financing Documents.
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RECITALS AND CERTAIN DEFINITIONS. Lender has prxxxxxxxx xxxe a loan (the "Loan") to Borrower in the principal amount of $30,000,000.00.
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RECITALS AND CERTAIN DEFINITIONS. Seller owns all of the equipment and tooling used in the production of fiberglass products at 400, 410 and 420 Xxxxxxxxx Xxxxxx, Xxxxx.
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RECITALS AND CERTAIN DEFINITIONS. Xxxxxx has previously made a loan (the "Loan") to Borrower in the principal amount of $30,000,000.00.
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Related to RECITALS AND CERTAIN DEFINITIONS

  • Certain Definitions For purposes of this Agreement, the following terms have the meanings indicated:

  • Certain Defined Terms As used in this Agreement, the following terms shall have the following meanings:

  • Recitals and Definitions Each of the parties hereto acknowledges and agrees that the recitals set forth above in this Agreement are true and accurate, are contractual in nature, and are hereby incorporated into and made a part of this Agreement.

  • Recitals; Definitions The foregoing recitals, including all terms defined therein, are incorporated herein and made a part hereof. All capitalized terms used but not otherwise defined herein have the meanings given such terms in the Loan Agreement.

  • Captions: Certain Definitions The captions of the various sections and paragraphs of this Agreement have been inserted only for the purposes of convenience; such captions are not a part of this Agreement and shall not be deemed in any manner to modify, explain, enlarge or restrict any of the provisions of this Agreement. As used in this Agreement the term “person” shall mean and include an individual, a partnership, a joint venture, a corporation, a limited liability company, a trust, an unincorporated organization and a government or any department or agency thereof.

  • Recitals; Defined Terms The recitals set forth above are true and correct and are incorporated herein by this reference. Capitalized terms used throughout this Amendment shall have the meanings set forth in the Agreement, unless otherwise specifically defined herein.

  • UCC Definitions Unless otherwise defined herein or the context otherwise requires, terms for which meanings are provided in the UCC are used in this Security Agreement, including its preamble and recitals, with such meanings.

  • Construction; Certain Defined Terms (a) The definitions of terms herein shall apply equally to the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. The word “will” shall be construed to have the same meaning and effect as the word “shall”. Unless the context requires otherwise, (i) any definition of or reference to any agreement, instrument, other document, statute or regulation herein shall be construed as referring to such agreement, instrument, other document, statute or regulation as from time to time amended, supplemented or otherwise modified, (ii) any reference herein to any Person shall be construed to include such Person’s successors and assigns, but shall not be deemed to include the subsidiaries of such Person unless express reference is made to such subsidiaries, (iii) the words “herein”, “hereof and “hereunder”, and words of similar import, shall be construed to refer to this Agreement in its entirety and not to any particular provision hereof, (iv) all references herein to Articles, Sections and Annexes shall be construed to refer to Articles, Sections and Annexes of this Agreement, (v) unless otherwise expressly qualified herein, the words “asset” and “property” shall be construed to have the same meaning and effect and to refer to any and all tangible and intangible assets and properties, including cash, securities, accounts and contract rights and (vi) the term “or” is not exclusive. (b) As used in this Agreement, the following terms have the meanings specified below:

  • Basic Definitions Addenda. Written or graphic instruments issued prior to the opening of bids that clarify, correct, or change any of the component parts of the Bidding documents.

  • 1Definitions As used in this Agreement, the following terms shall have the following definitions:

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