Reference to documents. References to any document (including this Agreement), or to a provision in a document, shall be construed as a reference to such document or provision as amended, supplemented, modified, restated or novated from time to time.
Reference to documents. References to, or to a provision of, this Agreement or any other document referred to in this Agreement (including any document in the Agreed Form) is a reference to, as applicable, this Agreement or that other document (or the relevant provision of, as applicable, this Agreement or that other document) as amended, restated, novated or supplemented (other than in breach of the provisions of, as applicable, this Agreement or that other document) at any time.
Reference to documents. Reference is made to (i) that certain letter agreement dated September 27, 1996 (the "Letter Agreement") among the Borrowers and the Bank; (ii) that certain $3,187,496 original principal amount promissory note dated December 23, 1994 made by Alkermes and payable to the order of Fleet Mass, as amended by Allonge to Note dated September 27, 1996 among Alkermes, ACT I and the Bank (said December 23, 1994 promissory note, as so amended, being hereinafter referred to as the "1994 Note"); (iii) that certain $1,500,000 original principal amount promissory note dated December 19, 1995 made by Alkermes and payable to the order of Fleet Mass, as amended by Allonge to Note dated September 27, 1996 among Alkermes, ACT I and the Bank (said December 19, 1995 promissory note, as so amended, being hereinafter referred to as the "1995 Note"); (iv) that certain $5,000,000 original principal amount promissory note dated September 27, 1996 (the "Ohio Term Note") made by Alkermes and ACT II and payable to the order of the Bank; (v) that certain Security Agreement dated as of September 27, 1996 (the "Security Agreement") from the Borrowers to the Bank; (vi) that certain Pledge Agreement (the "Pledge") dated as of September 27, 1996 from Alkermes to the Bank; (vii) that certain Mortgage and Security Agreement dated as of September 27, 1996 (the "Ohio Mortgage") from ACT II to the Bank relating to premises of ACT II in Clinton County, Ohio; and (viii) that certain promissory note of even date herewith (the "1997 Term Note") in the face principal amount of the $2,500,000 made by the Borrowers and payable to the order of the Bank. The Letter Agreement, the 1994 Note, the 1995 Note, the Ohio Term Note, the Security Agreement, the Pledge, the Ohio Mortgage and the 1997 Term Note are hereinafter referred to collectively as the "Financing Documents". A copy of the form of the 1997 Term Note is attached hereto as Exhibit 1.
Reference to documents. References to any document, instrument or agreement shall be deemed to include all appendices, exhibits, schedules and other attachments thereto and all documents, instruments and agreements issued or executed in replacement thereof.
Reference to documents. Reference is made to (i) that certain $1,000,000 principal amount promissory note (the "Revolving Note") of even date herewith made by the Borrower and payable to the order of the Bank, (ii) that certain Inventory, Accounts Receivable and Intangibles Security Agreement and that certain Supplementary Security Agreement - Security Interest in Goods and Chattels, each of even date herewith, from the Borrower to the Bank (collectively, the "Security Agreement"), and (iii) assignments and notices of assignment (collectively, the "Intellectual Property Assignments") from the Borrower to the Bank relating to the Borrower's registered trademarks, patents and copyrights, if any.
Reference to documents. Reference is made to (i) that certain $3,500,000 face principal amount revolving promissory note (the "Revolving Note") of even date herewith made by the Borrower and payable to the order of the Bank, (ii) that certain $1,500,000 face principal amount term promissory note (the "Term Note") of even date herewith made by the Borrower and payable to the order of the Bank, (iii) that certain Inventory, Accounts Receivable and Intangibles Security Agreement and that certain Supplementary Security Agreement - Security Interest in Goods and Chattels, each of even date herewith, from the Borrower to the Bank (collectively, the "Security Agreement"), and (iv) collateral assignments and notices of collateral assignment (collectively, the "Intellectual Property Security Agreements") from the Borrower to the Bank relating to the Borrower's registered trademarks, patents and copyrights, if any.
Reference to documents. All references in this Agreement to contracts, agreements, or other documents shall be deemed to mean those contracts, agreements or documents as the same may be modified, supplemented or amended from time to time.
Reference to documents. Reference is made to (i) that certain $3,000,000 face principal amount promissory note (the "Revolving Note") of even date herewith made by the Borrower and payable to the order of the Bank, (ii) that certain Inventory, Accounts Receivable and Intangibles Security Agreement and that certain Supplementary Security Agreement -Security Interest in Goods and Chattels, each of even date herewith, from the Borrower to the Bank (collectively, the "Security Agreement"), and (iii) assignments and notices of assignment (collectively, the "Intellectual Property Assignments"), if any, from the Borrower to the Bank relating to the Borrower's registered trademarks, patents and copyrights, if any.
Reference to documents. Reference is made to (i) that certain $2,000,000 face principal amount promissory note (the "Revolving Note") of even date herewith made by the Borrower and payable to the order of the Bank, and (ii) that certain Accounts Receivable Security Agreement of even date herewith from the Borrower to the Bank (the "Security Agreement").
Reference to documents. When referring to any documents herein, any such reference is to such document as it may be amended, restated, modified or supplemented, except as otherwise expressly indicated herein.
