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).
Parent shall deliver or cause to be delivered to the Agent and Lenders written notice of the occurrence of any breach or default under the terms of the TROL Documents, Subordinated Notes Documents, BofA Note Documents, or other material Contractual Obligation of any Borrower or Guarantor promptly upon the occurrence thereof and, in any event, concurrent with any notice thereof to the obligees thereunder or within two (2) Business Day after any Borrower or Guarantor receives notice thereof.
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.
Immediately upon execution thereof, Parent shall deliver to the Agent and each Lender a copy of (i) the Indenture under which the Junior Subordinated Notes are issued promptly upon its execution and delivery and (ii) each amendment to any TROL Document, Subordinated Notes Document, or BofA Note Document.
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.
I understand I have the option to enroll in recurring billing via my bank, credit or debit card (“funding source”).
Borrowers shall take any and all further actions that may from time to time be required to ensure that the Second Deed of Trust creates a valid lien on the Property in favor of the Lender, which shall secure the Note and be junior in priority only to the deed of trust securing the BofA Note.
Failure of Borrowers to use all good faith efforts to comply with the provisions of this Paragraph 6 or failure of the Second Deed of Trust to be a valid lien against the Property, subject only to the lien of the deed of trust securing the BofA Note, shall be deemed a Maturity Event.