BofA Note definition
Examples of BofA Note in a sentence
No event of default or default has occurred and is continuing under the terms of (a) any of the TROL Documents, (b) under any of the agreements and documents executed with respect to the Senior Subordinated Notes or under which the Senior Subordinated Notes have been issued, or (c) under any of the agreements and documents executed with respect to the BofA Note.
The proceeds of the issuance and sale of the Additional Notes, if any, and the Senior Indebtedness Notes will be used to finance a portion of the repayment of principal amount outstanding under the BofA Note and any proceeds of the issuance and sale of Senior Indebtedness Notes that is not used as aforesaid will be used to provide working capital to the Company.
The Company (i) does not have any Subsidiaries, other than as set forth on Schedule 4.6, and other than as set forth therein, does not own any shares of Capital Stock of, and does not have any direct or indirect equity interest in, any other Person, and (ii) has good title to all of the shares of Capital Stock it owns of each such Subsidiary, free and clear of any Lien (except Liens created by the Security Documents related to the BofA Note and the Transaction Documents).
Proceeds of the Credit Facility will be used on the date hereof: to consummate the redemption of the Borrower's existing Series B Redeemable Convertible Preferred Stock; to pay fees, commissions and expenses in connection therewith; to refinance a notes payable evidenced by a $4,500,000 promissory note provided by Bank of America dated December 31, 2004 (the "BofA Note") and a demand loan provided by Trade Investment Services amounting to $172,260; and for working capital and general corporate purposes.
In particular, but without limitation, the promissory note or loan agreement (the "BofA Note") evidencing the BofA Loan shall be in a principal amount not exceeding $3,500,000, the rate of interest accruing on the principal amount of the BofA Note shall not exceed LIBOR plus two percent (2%) per annum, the BofA Note shall mature not more than four (4) years from the date thereof, and the BofA Loan shall not provide for any additional advances of principal to Xxxxx thereunder.
Howard (“JDH”, and together with Holding, “LBN”) issued a Continuing and Unconditional Guaranty, dated June 29, 2004, and a Continuing and Unconditional Guaranty, dated March 27, 2009 (together, the “JDH Guaranty”), guaranteeing all amounts owed under the BofA Note.
If an incorrect quantity or the wrong Equipment is shipped to an Event venue, Cisco will make commercially reasonable efforts to provide the correct Equipment, in the correct quantity, on the same day, but no later than the next business day at no additional charge to You.
I understand I have the option to enroll in recurring billing via my bank, credit or debit card (“funding source”).
BofA also has outstanding a $1.5 million letter of credit for the account of Debtors (all amounts owing thereunder, together with all amounts owing under the BofA Note and the BofA Loan Agreement, the “BofAObligations”).
No obligee under the TROL Documents, Senior Subordinated Notes, BofA Note Documents or any other material Contractual Obligation of the Borrowers or Guarantors shall have exercised any right or remedy thereunder and the obligees under the TROL Documents and BofA Note Documents shall have waived all defaults thereunder existing as of the Effective Date, if any, and their rights and remedies with respect thereto.