Xxxx Documents. A dated copy of the following documents shall be available for employee inspection in an easily accessible location on the XXXX website and the UFF Chapter shall be notified of such location:
(a) The minutes of the XXXX Advisory Body;
(b) The XXXX operating budget, including financial support received by the XXXX from the University, and the allocation of student activity and service fees, and
(c) A link to the Florida Statutes and Board, University, and Education rules applicable to XXXX.
Xxxx Documents. This Note is evidence of the Loan and is executed pursuant to the terms and conditions of the Loan Agreement. This Note is secured by and entitled to the benefits of, among other things, the Security Instrument and the other Loan Documents. Reference is made to the Loan Documents for a description of the nature and extent of the security afforded thereby, the rights of the holder hereof in respect of such security, the terms and conditions upon which this Note is secured, and the rights and duties of the holder of this Note. All of the agreements, conditions, covenants, provisions and stipulations contained in the Loan Documents to be kept and performed by Maker are by this reference hereby made part of this Note to the same extent and with the same force and effect as if they were fully set forth in this Note, and Maker covenants and agrees to keep and perform the same, or cause the same to be kept and performed, in accordance with their terms.
Xxxx Documents. This Amendment shall constitute a Loan Document. [Remainder of this page intentionally left blank]
Xxxx Documents. 1. Note, dated December 1, 1983, from Lafayette to Lexington-Fayette Urban County Government (“Issuer”), in the original principal amount of $7,700,000.
2. Loan Agreement and Mortgage, dated December 1, 1983, by and between Issuer and Lafayette.
3. First Amendment to and Supplement of Loan Agreement and Mortgage, dated December 1, 1983, by and between Issuer and Lafayette.
4. First Amendment to Loan Agreement and Mortgage, dated November 30, 1994, by and between Issuer and Lafayette.
5. Second Amendment to Loan Agreement and Mortgage, dated January 1, 1995, by and between Issuer and Lafayette.
6. Third Amendment to Loan Agreement and Mortgage, dated October 1, 1996, by and between Issuer and Lafayette.
7. Indenture of Trust dated, December 1, 1983, by and between Issuer and Central Bank and Trust Co. (“Trustee”).
Xxxx Documents. Xt the Closing DFTS shall deliver the following to NMKT:
.1 The stock certificates representing the Class C and Class D of preferred stock of DFTS to be issued pursuant to Section 1.3 of this Agreement.
.2 Certified copies or other copies of such documents as NMKT or its counsel may reasonably request, including but not limited to a certificate(s) signed by the President or Chief Financial Officer of DFTS certifying that all of the obligations of DFTS have been performed and that all warranties and representations contained in this Agreement remain true and accurate.
.3 Copies of all consents, approvals, notices and waivers which may be required by this Agreement in form and substance reasonably satisfactory to NMKT.
Xxxx Documents. Each of the this Agreement, the Omnibus Amendment and Reaffirmation Agreement and any other Loan Documents shall have been duly executed and delivered by the respective parties thereto, shall be in full force and effect and shall be in form and substance reasonably satisfactory to each of the Lenders. Each Lender shall have received a fully executed copy of each such document.
Xxxx Documents. Upon the execution and delivery of this Agreement by the Borrower, the Existing Agent, the Successor Agent and the Majority Lenders, this Agreement shall be deemed to be a Loan Document, and the Credit Agreement shall, where the context requires, be read and construed throughout so as to incorporate this Agreement.
Xxxx Documents. The representations of Company and its Subsidiaries contained in the Loan Documents, Related Documents and in any other document, certificate or written statement furnished to Lenders by or on behalf of Company or any of its Subsidiaries for use in connection with the transactions contemplated by this Agreement, when taken as a whole, do not contain any untrue statement of a material fact or omit to state a material fact (known to Company or the applicable Subsidiary, in the case of any document not furnished by Company or such Subsidiary) necessary in order to make the statements contained herein or therein not misleading in light of the circumstances in which the same were made. Any projections and pro forma financial information contained in such materials are based upon good faith estimates and assumptions believed by Company to be reasonable at the time made, it being recognized by Lenders that such projections as to future events are not to be viewed as facts and that actual results during the period or periods covered by any such projections may differ from the projected results. There is no fact known (or which should upon the reasonable exercise of diligence be known) to Company (other than matters of a general economic nature) that has had, or could reasonably be expected to result in, a Material Adverse Effect and that has not been disclosed herein or in such other documents, certificates and statements furnished to Lenders for use in connection with the transactions contemplated hereby.
Xxxx Documents. Except for defaults cured on or before the date hereof, Seller has not received any written notice under any of the following documents asserting or alleging that Seller is in default under such document: (i) the Master Lease, (ii) that certain Deed to Secure Debt and Security Agreement dated December 1, 2002 (the “Security Deed”), by the Development Authority in favor of U.S. Bank national association (as successor to SunTrust Bank), as trustee (the “Trustee”), (iii) that certain Bond Purchase Agreement dated December 1, 2002, by and between the Development Authority and Six Continents Hotels, Inc., a Delaware corporation (the “Bond Agreement”), (iv) that certain Guaranty Agreement dated December 1, 2002, by Seller in favor of the Trustee (the “Guaranty”), (v) that certain Taxable Economic Development Revenue Bond (IHC Buckhead, LLC Project), Series 2002 issued by the Development Authority in the principal amount of $105,000,000.00 (the “Bond”), (vi) that certain Documents Escrow Agreement dated December 1, 2002, by and between Development Authority, Seller and Trustee (the “Documents Escrow Agreement”), and (vii) that certain Bond Resolution adopted by the Development Authority on December 19, 2002 (the “Bond Resolution”, and together with the Master Lease, Security Deed, Bond Agreement, Guaranty, the Bond, and the Documents Escrow Agreement, collectively, the “Bond Documents”). Seller has made available to Buyer true and correct copies of all of the Bond Documents. Seller has paid the Development Authority any and all fees and expenses that are currently due and payable under the Bond Documents and there are no claims subject to the indemnification provisions of the Master Lease.
Xxxx Documents. Buyer shall (i) be responsible, at its sole cost and expense, to obtain all necessary consents, authorizations and approvals required in order to assign and/or transfer the tax abatement benefits and burdens to Buyer, including, but not limited to assignment of the Guaranty, Master Lease and other Bond Documents from Seller or Six Continents Hotels, Inc., as applicable, to Buyer (ii) execute any documents at Closing required to assign and/or transfer the Bond Documents benefits and burdens to Buyer and cause Seller to be released from all liability to the Development Authority and Buyer pursuant to the Bond Documents, including without limitation, the Guaranty; and (iii) have all such consents, authorizations and approvals required for such assignment to be obtained, with evidence thereof delivered to Seller at least three (3) Business Days prior to the Closing Deadline (the “Bond Assignment Deadline”). Seller and Six Continents Hotels, Inc. agree to reasonably cooperate with Buyer, at no cost to Seller, and to execute any and all documents reasonably requested in furtherance of the foregoing. If Buyer fails to achieve the following on or before the Bond Assignment Deadline (a) obtain any necessary consents, authorizations or approvals required in order to assign the Bond Documents from Seller or Six Continents Hotels, Inc., as applicable, to Buyer, (b) execute any documents required to assign and/or transfer the Bond Documents benefits and burdens to Buyer, (c) cause the Development Authority to release Seller from all liability under the Bond Documents, including, but not limited to the Guaranty, or (d) deliver evidence of the foregoing (a) through (b) to Seller, then, Seller shall have the right, in its discretion, to (i) unwind the tax abatement structure by causing the Development Authority to convey the fee simple title to the Real Property directly to Seller and terminating all Bond Documents and the related tax abatement, (ii) extend the Closing Date by the amount of time necessary to accomplish the foregoing (but such extension shall not exceed thirty (30) calendar days), (iii) require Buyer to acquire Seller’s fee simple interest in the Real Property, and (iv) require Buyer to pay any additional transfer taxes or other costs associated with the conveyance of the restructured sale of the Real Property.
