To induce Sample Clauses

To induce. MLCFC to grant a waiver of the Identified Defaults and enter into this Amendment, Customer agrees to provide MLCFC with a commitment letter from another lender on or before February 28, 2010 to finance the outstanding indebtedness under the Loan Documents (the "Take-Out Commitment"). Such commitment letter shall be sent to the attention of Anne Easter via fax no. (312) 499-3252 or e-mail at anne.m.easter@baxx.xxx. Xx the event Xxxxxxxx xxxxx to provide a Xxxx-Xxx Xxxxxxxxxx xx or before such date there shall be due an additional fee of $35,000.00. Such fee shall be drawn on a non-Merrill Lynch bank account and shall be deemed fully earned at 5:00 XX xxnxxxx time on February 28, 2010. Customer and Guarantor hereby confirm that (a) each of the warranties of Customer in the Loan Documents are true and correct as of the date hereof and shall be deemed remade as of the date hereof and on the effective date; (b) neither Customer nor Guarantor have any claim against MLCFC arising out of or in connection with the Loan Documents or any other matter whatsoever; and do each hereby release and forever discharge MLCFC and their parents, and affiliates of and from any and all causes of action, claims, or demands whatsoever, in law or in equity arising from the conduct of MLCFC. By their execution of this Amendment, the below-named Guarantors do hereby consent to the foregoing amendment to the Loan Documents, and agree that the obligations under the Guaranty shall extend to and include the Obligations of Customer under the Loan Documents, as amended hereby. Although each of the undersigned Guarantors has been informed of the matters set forth herein and has acknowledged and agreed to same, such Guarantor understands that MLCFC has no obligation to inform any Guarantor of such matters in the future or to seek any Guarantor's acknowledgment or agreement to future consents, waivers or amendments, and nothing herein shall create such a duty. This Amendment shall become effective upon execution and delivery by Obligors of the executed document together with the following, provided however, if the Effective Date of this Amendment has not occurred within five (5) Business Days from the date hereof, then this Amendment will, at the sole option of MLCFC, be void and no effect. SIGNATURE PAGES FOLLOW: Very truly yours, MERRILL LYNCH COMMERCIAL FINANCE CORP. By: /s/ Anne Easter ------------------- Anne Easter Vice Presxxxxx Xxxxpted: ORBIT INTERNATIONAL XXXX. Xx: /s/ Dennis Sunshin...
Sample 1
AutoNDA by SimpleDocs
To induce. Barclays to make the New Barclays Loan, Borrower, Cal-Maine Farms, Inc., and Cal-Maine Egg Products, Inc. have agreed to grant security interests and liens to Barclays in the New Properties, to the extent applicable, and in the properties covered by the Existing Collateral Documents (herein the "Existing Properties" and together with the New Properties herein referred to as the "Properties").
Sample 1
To induce. StarTronix International and StarTronix to enter into this Agreement and to consummate the transactions contemplated hereby, and without limiting any covenant, agreement, representation or warranty made RunTec covenants and agrees as follows:
Sample 1
To induce the Lenders to enter into this Agreement, the Borrower hereby represents and warrants to each Lender on the date hereof as follows:
Sample 1

Related to To induce

  • No Inducement Executive agrees that no promise or inducement to enter into this Agreement has been offered or made except as set forth in this Agreement, that the Executive is entering into this Agreement without any threat or coercion and without reliance or any statement or representation made on behalf of the Company or by any person employed by or representing the Company, except for the written provisions and promises contained in this Agreement.

  • To induce Collateral Agent and Lenders to enter into this Amendment, Borrower hereby represents and warrants to Collateral Agent and Lenders as follows:

  • No Inducements The Company shall not, and the Company shall not permit any of its Subsidiaries, either directly or indirectly, to pay (or cause to be paid) any consideration, whether by way of interest, fee or otherwise, to any Holder for or as an inducement to any consent, waiver, amendment or supplement of any terms or provisions of this Indenture or the Notes, unless such consideration is offered to be paid (or agreed to be paid) to all Holders which so consent, waive or agree to amend or supplement in the time frame set forth on solicitation documents relating to such consent, waiver or agreement.

  • Illegal Activity No portion of the Property has been or will be purchased with proceeds of any illegal activity.

  • Illegal Activities Seller shall not engage in any conduct or activity that could subject its assets to forfeiture or seizure.

  • No General Solicitation or Advertising Neither the Company, nor any of its Subsidiaries or Affiliates, nor any Person acting on its or their behalf, has engaged in any form of general solicitation or general advertising (within the meaning of Regulation D) in connection with the offer or sale of the Securities.

  • No Advertising At no time was the Purchaser presented with or solicited by any leaflet, newspaper or magazine article, radio or television advertisement, or any other form of general advertising or solicited or invited to attend a promotional meeting otherwise than in connection and concurrently with such communicated offer.

  • Legal Action There shall not be pending or threatened in writing any action, proceeding, or other application before any court or governmental entity challenging or seeking to restrain or prohibit the consummation of the transactions contemplated by this Agreement, or seeking to obtain any material damages.

  • No Illegal or Improper Transactions Neither of the Company, nor any Shareholder nor any of the Company's directors or officers has, directly or indirectly, used funds or other assets of the Company, or made any promise or undertaking in such regard, for (a) illegal contributions, gifts, entertainment or other expenses relating to political activity; (b) illegal payments to or for the benefit of governmental officials or employees, whether domestic or foreign; (c) illegal payments to or for the benefit of any person, firm, corporation or other entity, or any director, officer, employee, agent or representative thereof; or (d) the establishment or maintenance of a secret or unrecorded fund; and there have been no false or fictitious entries made in the books or records of the Company.

  • No Influence The Company has not offered, or caused the Underwriters to offer, the Firm Units to any person or entity with the intention of unlawfully influencing: (a) a customer or supplier of the Company or any affiliate of the Company to alter the customer’s or supplier’s level or type of business with the Company or such affiliate or (b) a journalist or publication to write or publish favorable information about the Company or any such affiliate.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!