Common use of Securities Acts Clause in Contracts

Securities Acts. The Borrower has not issued any unregistered securities in violation of the registration requirements of Section 5 of the Securities Act, or any other law, and is not violating any material rule, regulation or requirement under the Securities Act, or the Securities and Exchange Act of 1934, as amended. The Borrower is not required to qualify this Agreement or any other Loan Document as an indenture under the Trust Indenture Act of 1939, as amended, in connection with its execution and delivery of the Notes.

Appears in 2 contracts

Samples: Loan Agreement (America West Resources, Inc.), Loan Agreement (America West Resources, Inc.)

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Securities Acts. The Borrower has not issued any unregistered securities in violation of the registration requirements of Section 5 of the Securities ActAct of 1933, as amended, or any other law, and is not violating any material rule, regulation or requirement under the Securities ActAct of 1933, as amended, or the Securities and Exchange Act of 1934, as amended. The Borrower is not required to qualify this Agreement or any other Loan Document as an indenture under the Trust Indenture Act of 1939, as amended, in connection with its execution and delivery of the NotesNote.

Appears in 1 contract

Samples: Term Loan Agreement (Amphitrite Digital Inc)

Securities Acts. The Borrower has not issued any unregistered securities in violation of the registration requirements of Section 5 of the Securities ActAct of 1933, as amended, or any other law, and is not violating any material rule, regulation or requirement under the Securities ActAct of 1933, as amended, or the Securities and Exchange Act of 1934, as amended. The Borrower is not required to qualify this Agreement or any other Loan Document as an indenture under the Trust Indenture Act of 1939, as amended, in connection with its execution and delivery of the Notesany Note.

Appears in 1 contract

Samples: Master Revolving Loan and Security Agreement (Home Financing Centers Inc/Ma)

Securities Acts. The Borrower has not issued any unregistered securities in violation of the registration requirements of Section 5 of the Securities ActAct of 1933, as amended, or any other law, law and is not violating any material rule, regulation or requirement under the Securities ActAct of 1933, as amended, or the Securities and Exchange Act of 1934, as amended. The Borrower is not required to qualify this Loan Agreement or any other Loan Document as an indenture under the Trust Indenture Act of 1939, as amended, in connection with its execution and delivery of the Notes.

Appears in 1 contract

Samples: Loan Agreement (Staktek Holdings Inc)

Securities Acts. The Borrower has not issued any unregistered securities in violation of the registration requirements of Section 5 of the Securities ActAct of 1933, as amended, or any other lawLaw, and is not violating in violation of any material rule, regulation regulation, or requirement under the Securities ActAct of 1933, as amended, or the Securities and Exchange Act of 1934, as amended. The Borrower is not required to qualify this Agreement or any other Loan Document as an indenture under the Trust Indenture Act of 1939, as amended, in connection with its the execution and delivery of any of the Notes.

Appears in 1 contract

Samples: Financing and Security Agreement (Glasstech Inc)

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Securities Acts. The Borrower has Borrowers have not issued any unregistered securities in violation of the registration requirements of Section 5 of the Securities ActAct of 1933, as amended, or any other lawLaw, and is not violating in violation of any material rule, regulation regulation, or requirement under the Securities ActAct of 1933, as amended, or the Securities and Exchange Act of 1934, as amended. The Borrower is Borrowers are not required to qualify this Agreement or any other Loan Document as an indenture under the Trust Indenture Act of 1939, as amended, in connection with its the execution and delivery of any of the Notes.

Appears in 1 contract

Samples: Financing and Security Agreement (Flanders Corp)

Securities Acts. The Borrower None of the Borrowers has not issued any unregistered securities in violation of the registration requirements of Section 5 of the Securities ActAct of 1933, as amended, or any other lawLaw, and is not violating in violation of any material rule, regulation regulation, or requirement under the Securities ActAct of 1933, as amended, or the Securities and Exchange Act of 1934, as amended. The Borrower is not None of the Borrowers are required to qualify this Agreement or any other Loan Document as an indenture under the Trust Indenture Act of 1939, as amended, in connection with its the execution and delivery of any of the Notes.

Appears in 1 contract

Samples: Financing Agreement (C&d Technologies Inc)

Securities Acts. The Borrower has not issued any unregistered securities in violation of the registration requirements of Section 5 of the Securities ActAct of 1933, as amended, or any other law, and is not violating any material rule, regulation regulation, or requirement under the Securities ActAct of 1933, as amended, or the Securities and Exchange Act of 1934, as amended. The Borrower is not required to qualify this Agreement or any other Loan Document as an indenture under the Trust Indenture Act of 1939, as amended, in connection with its execution and delivery of the NotesLine of Credit Note.

Appears in 1 contract

Samples: Loan and Security Agreement (Hemagen Diagnostics Inc)

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