The Financing Documents relating to WGFP Financing Obligations shall provide that simultaneously at the time of the disbursement of any proceeds of WGFP Financing Obligations there will be a disbursement of proceeds from the funds holding cash payments made by WGFP Allottees not participating in WGFP Financing, and that in each instance the disbursement of proceeds of WGFP Financing Obligations and the disbursement of proceeds from the funds holding cash payments made by WGFP Allottee not participating in WGFP Financing shall be in proportion to the applicable WGFP Participation Percentage of each WGFP Allottee.
The Financing Documents. Borrower owes certain indebtedness to Lenders evidenced by, among other things, (i) that certain Revolving Credit and Term Loan Agreement dated as of September 30, 2002, by and among Borrower, Guarantors, Administrative Agent and Lenders, as amended by (a) that certain Amendment No. 1 dated as of November 4, 2003, and (b) that certain Amendment No. 2 dated as of February 23, 2004 (as amended, the “Credit Agreement”), (ii) those certain Revolving Credit Notes executed by Borrower and payable to the order of the respective Lenders in the aggregate principal amount of $25,000,000, and (iii) those certain Term Notes executed by Borrower and payable to the order of the respective Lenders in an aggregate original principal amount of $25,000,000, and (iv) those certain Letters of Credit issued by Administrative Agent for the account of Borrower or one or more of the Guarantors in the aggregate face amount of $2,942,000, such indebtedness being (1) secured by perfected, first priority liens and security interests granted in favor of Administrative Agent (for the ratable benefit of Lenders) in substantially all of the assets of Borrower and Guarantors pursuant to certain Security Documents executed by Borrower and Guarantors, and (2) unconditionally and irrevocably guaranteed in full by Guarantors on a joint and several basis pursuant to Section 7.2 of the Credit Agreement.
The Financing Documents. The Administration shall have received the Financing Documents including the Note duly executed and delivered by an authorized officer or Person with the legal right, power and authority to represent the Borrower, together with such other related documents and instruments as the Administration shall require.
The Financing Documents. The Borrower shall have delivered to the Lender the duly executed Financing Documents and any documents required herein or therein or reasonably requested by the Lender in connection therewith.
The Financing Documents. On the Date Hereof, the Issuer, the Guarantor and the Company shall deliver to the Underwriter a copy of the form of the Agreement, the Indenture, the Guaranty Agreement and the Continuing Disclosure Agreement dated as of November 1, 2012 (the “Continuing Disclosure Agreement” and collectively with the Agreement, the Indenture, the Guaranty Agreement and this Underwriting Agreement, the “Financing Documents”), intended to be executed by the Issuer, the Company, the Guarantor and the Trustee, as applicable.
The Financing Documents and all other documents to be executed by the Borrower in connection therewith, when executed and delivered by the respective parties thereto, will constitute valid and binding obligations of the Borrower. The execution and delivery by the Borrower of the Financing Documents and the performance of the Financing Documents by the Borrower (1) have been authorized by all necessary corporate action and (2) do not and will not conflict with, or result in any breach of, or constitute a default under the Borrower's articles of incorporation or by-laws or any indenture, mortgage, deed of trust, bank loan or credit agreement or any other agreement or instrument to which the Borrower is a party or by which the Borrower or any of its Property may be bound or affected for which a valid consent has not been secured, or result in the creation of any Lien (other than that created by the Financing Documents) upon or with respect to any Property of the Borrower,
The Financing Documents. The Borrower, Asta, CCS, OSI, Gulf State and the Seller, as the case may be, shall have delivered to the Lender each of the duly executed Financing Documents, a duly executed Note and any documents required herein or therein or reasonably requested by the Lender in connection therewith.
The Financing Documents. Borrowers are indebted to the Lenders as evidenced by (i) that certain Revolving Credit and Term Loan Agreement dated as of April 10, 2001 (the “Credit Agreement”), (ii) those certain Revolving Credit Notes dated on or about April 10, 2001 executed by Borrowers and payable to the order of certain Lenders in the aggregate principal amount of $20,000,000, (iii) those certain Term A Loan Notes dated on or about April 10, 2001 executed by Borrowers and payable to certain Lenders in the aggregate principal amount of $30,000,000 and (iv) that certain Term B Loan Note dated April 13, 2001 executed by Borrowers and payable to the order of Textron Financial Corporation in the principal amount of $5,000,000, such indebtedness being secured by perfected, first priority security interests in and liens on substantially all assets of Borrowers as provided in the Security Documents.
The Financing Documents. The Financing Documents shall have been duly executed and delivered by each of the respective parties thereto and shall not have been modified, amended or rescinded, shall be in full force and effect on and as of the Closing Date and executed original or certified copies of each thereof have been delivered to the Lender; provided, however, that with respect to the Note, the Lender shall be in receipt of the executed original.
The Financing Documents. On the Date Hereof, the Issuer and the Company shall deliver to the Underwriter a copy of the form of the Agreement and the Indenture (collectively the Agreement, the Indenture, the Continuing Disclosure Agreement and this Underwriting Agreement, the “Financing Documents”), intended to be executed by the Issuer, the Company and the Trustee, as applicable.
