Examples of BP Note in a sentence
TTRS intends to sell, transfer and assign all of its right, title and interest in BCC Note A-2 and BP Note A-2 (the “UBS-C10 Notes”) to LCF, which intends to sell, transfer and assign all of its right, title and interest in and to the UBS-C10 Notes to UBS Commercial Mortgage Securitization Corp.
Xxxxxxx Title: Managing Director BP Note A-1 Holder: TUEBOR TRS II LLC By: /s/ Xxxxx X.
Xxxxxxx Title: Managing Director BP Note A-2 Holder: TUEBOR TRS II LLC By: /s/ Xxxxx X.
Under the BP Note, a contingent interest payment was payable August 24, 1996, calculated pursuant to a formula based on the Company's "EBDIT" (defined in the BP Note as earnings before depreciation, interest and taxes, as determined in accordance with GAAP) for years 1990 through 1995.
This Agreement and all documents and instruments referenced herein represent the final agreement among the Holder Parties, BP, Note Parties and Collateral Agent with respect to the subject matter hereof and thereof and may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements by the parties.
In the event BP were to prevail in its position, the Company believes that it would be able to pay amounts due BP, including the principal amount of the BP Note, utilizing cash on hand, offsets of amounts owing from Old Chase and BP, and, if necessary, borrowings obtained under its existing Bank Credit Facility.
In the event the Company is entitled to recovery from BP pursuant to the Remediation Agreement, the CBCC Purchase Agreement, or otherwise, but is unable to collect such amounts from BP, the Company may elect to offset the amounts of such recoveries against amounts payable under the $20 million BP Note to the extent it legally is entitled to do so.
Each of the Holder Parties, BP, Note Parties and Collateral Agent hereby voluntarily, knowingly, irrevocably and unconditionally waives any right to have a jury participate in resolving any dispute (whether based upon contract, tort or otherwise) among the Holder Parties, BP, Note Parties and Collateral Agent (or any of them) arising out of or in any way related to this Agreement.
Under a separate letter dated January 22, 1998, Old Chase has asserted that, as a result of failing to pay the interest as described in the Petition, the Company is in default under the BP Note and, unless such amounts are paid within thirty days, Old Chase intends to accelerate the BP Note.
See Note 5, Other Assets, Note 12, Commitments and Contingencies, and Note 13, Subsequent Event, for further discussion of the BP Note.