Unconditional Purchase Obligations. The Borrower shall not, without the prior written consent of the Bank, enter into or be a party to any contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it regardless of whether delivery is ever made of such materials, supplies or other property or services.
Appears in 2 contracts
Samples: Loan and Security Agreement (PLM Equipment Growth Fund V), Loan and Security Agreement (PLM Equipment Growth Fund V)
Unconditional Purchase Obligations. The Each Borrower shall not, without the prior written consent of the Bank, not enter into ---------------------------------- or be a party to any contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it regardless of whether delivery is ever made of such materials, supplies or other property or services.
Appears in 2 contracts
Samples: Loan and Security Agreement (Amrep Corp.), Loan and Security Agreement (Amrep Corp.)
Unconditional Purchase Obligations. The Borrower Borrowers shall not, without the prior written consent of the Bank, not enter into or be a party to any contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it regardless of whether delivery is ever made of such materials, supplies or other property or services.
Appears in 2 contracts
Samples: Loan and Security Agreement (Amerinac Holding Corp.), Loan and Security Agreement (Smithway Motor Xpress Corp)
Unconditional Purchase Obligations. The No Borrower shall not, without the prior written consent of the Bank, enter into or be a party to any contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it regardless of whether delivery is ever made of such materials, supplies or other property or services.
Appears in 2 contracts
Samples: Loan and Security Agreement (BG Staffing, Inc.), Loan and Security Agreement (LTN Staffing, LLC)
Unconditional Purchase Obligations. The Borrower shall not, without the prior written consent of the Bank, not enter into or be a party to any contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it regardless of whether delivery is ever made of such materials, supplies or other property or servicesservices provided however that the Borrower may, in the ordinary course of business enter into “take or pay” contracts with natural gas, water and electric utilities under commercially reasonable terms.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (REX AMERICAN RESOURCES Corp)
Unconditional Purchase Obligations. The No Domestic Borrower shall not, without the prior written consent of the Bank, enter into or be a party to any contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it regardless of whether delivery is ever made of such materials, supplies or other property or services.
Appears in 1 contract
Samples: Loan and Security Agreement (Allied Defense Group Inc)
Unconditional Purchase Obligations. The Each Borrower shall not, without the prior written consent of the Bank, not enter into or be a party to any contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it regardless of whether delivery is ever made of such materials, supplies or other property or services.
Appears in 1 contract
Unconditional Purchase Obligations. The Neither Borrower shall not, without the prior written consent of the Bank, nor Operator will enter into or be a party to any contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it regardless of whether delivery is ever made of such materials, supplies or other property or services.
Appears in 1 contract
Samples: Loan and Security Agreement (Adcare Health Systems, Inc)