t a l s Sample Clauses

t a l s. A. The Lenders have extended credit to the Borrower on the terms and conditions set forth in that certain Credit Agreement and Guaranty, dated as of August 31, 2018 (as amended by that certain Forbearance Agreement and First Amendment to Credit Agreement and Guaranty dated as of August 27, 2019, and that certain Forbearance Agreement and Second Amendment to Credit Agreement and Guaranty dated as of January 13, 2020, the “Existing Credit Agreement”; the Existing Credit Agreement as amended by this Agreement, the “Credit Agreement”). B. The Loan Parties are not in compliance with the financial covenant set forth in Section 10.01 of the Existing Credit Agreement and the affirmative covenants set forth in Sections 8.01(a) and (d) and Section 8.24 of the Existing Credit Agreement, resulting in Events of Default under Sections 11.01(d) and (e), respectively, of the Existing Credit Agreement (collectively with all other Events of Default existing and continuing on the date hereof the “Existing Defaults”). C. The Lenders are not willing to waive the Existing Defaults, but during and only during the period (the “Standstill Period”) beginning on the date of this Agreement and ending on the date of the Standstill Termination (as defined below), the Lenders are willing to temporarily forbear from exercising certain rights and remedies available solely by reason of the Existing Defaults on the terms and conditions set forth in this Agreement and the Credit Agreement. D. The parties hereto agree to amend the Existing Credit Agreement pursuant to the terms of this Agreement.

t a l s. A. The Lenders have extended credit to the Borrower on the terms and conditions set forth in that certain Credit Agreement and Guaranty, dated as of August 31, 2018 (the “Existing Credit Agreement”; the Existing Credit Agreement as amended by this Agreement, the “Credit Agreement”). B. The Loan Parties are not in compliance with the financial covenant set forth in Section 10.01 of the Existing Credit Agreement and the affirmative covenants set forth in Sections 8.01(a) and (d) of the Existing Credit Agreement, resulting in Events of Default under Sections 11.01(d) and (e), respectively, of the Existing Credit Agreement (the “Existing Defaults”). C. The Lenders are not willing to waive the Existing Defaults, but during and only during the period (the “Standstill Period”) beginning on the date of this Agreement and ending on the date of the Standstill Termination (as defined below), the Lenders are willing to temporarily forbear from exercising certain rights and remedies available solely by reason of the Existing Defaults on the terms and conditions set forth in this Agreement and the Credit Agreement. D. The parties hereto agree to amend the Existing Credit Agreement pursuant to the terms of this Agreement.

t a l s. A. The Purchasers have purchased shares of the Company’s Common Stock (as defined below) pursuant to Subscription Agreements (each, a “Subscription Agreement” and collectively, the “Subscription Agreements”) by and between the Company and each Purchaser. B. The Company has issued a warrant (the “Warrant”) to purchase shares of the Company’s Common Stock to Xxxxxxx Xxxxxx Xxxxxx Inc., a Texas corporation (“SMH”).

t a l s. Borrower has heretofore executed and delivered to Lender the following security documents, each of which has been recorded with the circuit court clerk of Chesterfield County, Virginia (the "Recording Office"): (a) Credit Line Deed of Trust and Security Agreement dated as of December 29, 1999, as recorded in the Recording Office in Book 3739 at Page 870 (the "Security Instrument"); and (b) Assignment of Leases and Rents and Leases dated as of December 29, 1999, as recorded in the Recording Office in Book 3739, Page 903 (the "Assignment").

t a l s. Owner is undertaking to contract for the operation and maintenance of the Facilities (as hereinafter defined) located in __________ County, ____________.

t a l s. Landlord and Tenant entered into the Lease dated July 30, 2010 (the "Original Lease"), as amended by the First Amendment to Lease dated September 30, 2011 (the "First Amendment"), and the Second Amendment to Lease dated March 4, 2016 (the “Second Amendment”), pursuant to which Tenant currently leases approximately 44,200 rentable square feet of space comprised of (i) the space containing approximately 19,600 rentable square feet of space comprising the entire building located at 000 Xxxxxxxxxx Xxxxx, Xxxxxxx Xxxx, Xxxxxxxxxx 00000 (the "400 Building") and (ii) the space containing approximately 24,600 rentable square feet of space comprising the entire building located at 000 Xxxxxxxxxx Xxxxx, Xxxxxxx Xxxx, Xxxxxxxxxx 00000 (the "600 Building"). The Original Lease, the First Amendment and the Second Amendment are collectively, the "Lease."

t a l s. Each Borrower has requested that Lenders make available a revolving credit facility to Borrowers, which shall be used by Borrowers to finance the business operations of Borrowers and their subsidiaries. In order to utilize the financial powers of each Borrower in the most efficient and economical manner, and in order to facilitate the financing of each Borrower’s needs, Lenders will, at the request of any Borrower, make loans to all Borrowers under the revolving credit facility on a combined basis and in accordance with the provisions hereinafter set forth. Borrowers’ business is a mutual and collective enterprise and Borrowers believe that the consolidation of all revolving credit loans under this Agreement will enhance the aggregate borrowing powers of each Borrower and ease the administration of their revolving credit loan relationship with Lenders, all to the mutual advantage of Borrowers. Lenders’ willingness to extend credit to Borrowers and to administer each Borrower’s collateral security therefor, on a combined basis as more fully set forth in this Agreement, is done solely as an accommodation to Borrowers and at Borrowers’ request in furtherance of Borrowers’ mutual and collective enterprise. Each Borrower has agreed to guarantee the obligations of each of the other Borrowers under this Agreement and each of the other Loan Documents.

t a l s. A. The Lessor and the Lessee have entered into a Lease Agreement, dated of even date herewith (as amended, restated, supplemented or otherwise modified from time to time, the “Lease”), pursuant to which the Lessor leases to the Lessee, and the Lessee leases from the Lessor, (i) the land more particularly described on Schedule I hereto (the “Land”), (ii) the Improvements (as hereinafter defined) and (iii) the Appurtenances (as hereinafter defined). The Land, the Improvements and the Appurtenances being hereinafter referred to collectively as the “Leased Property”. B. The Lessor and the Lessee desire to enter into this Lease Supplement for the purpose of providing record notice of the existence of the Lease and the Lessee’s interest in the Leased Property created thereby and for the other purposes set forth herein.

t a l s. A. The Purchasers have purchased shares of the Company’s Preferred Stock and Warrants (as defined below) pursuant to the Purchase Agreement of even date herewith (the “Purchase Agreement”) by and between the Company and each Purchaser. B. The Company and the Purchasers desire to set forth the registration rights to be granted by the Company to the Purchasers.

t a l s. A. The Company and the Original Trustee have entered into that certain Indenture dated as of March 15, 2000 (as it may be amended, restated, supplemented or otherwise modified from time to time, the "Original Indenture"), pursuant to which the Company issued 14% Senior Secured Notes due 2010 in an aggregate principal amount of $325,000,000 (the "Original Notes"). B. The Company and the New Trustee have entered into that certain Indenture dated as of the date hereof (as it may be amended, restated, supplemented or otherwise modified from time to time, the "New Indenture"), pursuant to which the Company may issue up to $474,200,000 aggregate principal amount at maturity of its 14% Senior Secured Discount Notes due 2009 (the "New Notes"). C. The Company, XM Satellite Radio Holdings Inc., a Delaware corporation ("Holdings") and the Convertible Notes Noteholders have entered into that certain Note Purchase Agreement, dated as of December 21, 2002 (as it may be amended, restated, supplemented or otherwise modified from time to time, the "Convertible Note Agreement"), pursuant to which the Company and Holdings are issuing 10% Senior Secured Discount Convertible Notes due 2009 in an aggregate principal amount at maturity of up to $363,400,000 (the "Convertible Notes"). D. The Company and Holdings have entered into (a) that certain Credit Agreement with General Motors, dated as of the date hereof (as it may be amended, restated, supplemented, or otherwise modified from time to time, the "GM Loan Agreement"), pursuant to which the Company and Holdings may receive certain advances in an aggregate principal amount not to exceed $100,000,000, and (b) that certain Note Purchase Agreement with OnStar, dated as of December 21, 2002 (as it may be amended, restated, supplemented, or otherwise modified from time to time, the "GM Note Agreement"), pursuant to which the Company and Holdings are issuing Series GM Senior Secured Convertible Notes in the aggregate principal amount of $89,042,387 (the "GM Convertible Notes"). E. From time to time after the date hereof, the Company may, subject to the terms and conditions of the Secured Agreements (as defined below), incur additional indebtedness that is pari passu in right of payment to the other Secured Agreements (collectively, the "Additional Debt") under agreements evidencing such Additional Debt (the "Additional Facilities"), which the Company desires to secure on a senior pari passu basis by the Collateral. Such Additional D...