Examples of CIT Financing Agreement in a sentence
CIT) is a creditor of the Debtor pursuant to that certain financing agreement dated November 17, 2007, as amended (CIT Financing Agreement).
This instrument embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, relating to the subject matter hereof (except documents, agreements and instruments delivered or to be delivered in accordance with the express terms hereof, and except for the CIT Financing Agreement, to the extent of the collateral description and remedies set forth therein).
Should any term or provision of any of the Loan Papers other than this Agreement or of the CIT Financing Agreement conflict with any term or provision of this Agreement, then in any such case the terms and provisions of this Agreement shall be controlling.
Borrowers agree to maintain books and records pertaining to their financial matters in such detail, form and scope, for so long as the CIT Financing Agreement remains in effect, as CIT reasonably may require, and thereafter, as Investment Manager reasonably may require.
In furtherance of the continuing assignment and security interest in each Borrower's Accounts and Inventory, each Borrower will, upon the creation of Accounts and purchase or acquisition of Inventory, execute and deliver to the Lender such confirmatory schedules of Accounts and Inventory as shall be delivered to the Agent under the CIT Financing Agreement.
The Companies shall pay on demand all costs and expenses of the Lender and OCAM, including without limitation, reasonable attorneys’ fees, incurred by the Lender and OCAM in connection with this Agreement, the Assignment and Acceptance, the Second Amendment to Financing Agreement, the Participation Agreement, the CIT Financing Agreement or any of the transactions contemplated hereby or thereby other than the Merger contemplated by the Merger Agreement.
Unless and until the CIT Obligations are paid in full and the CIT Financing Agreement terminated, CIT shall have the sole and exclusive right, subject to the rights of the Company under the CIT Financing Agreement to adjust settlement for any insurance policy covering the Collateral in the event of any loss thereunder and to approve any award granted in any condemnation or similar proceeding affecting the Collateral.
Borrower has defaulted under the CIT Financing Agreement, and said default has not been cured within any applicable notice or cure period.
The Shareholder should recognize gain to the extent that the amount of proceeds received exceeds the Shareholder's adjusted tax basis in his, her or its Shares.
Set forth as Exhibit 3.9 hereto are true copies of (i) the CIT Financing Agreement and (ii) the Bank One Indenture, together with, in each case, all amendments, renewals and replacements thereof and therefor, and all exhibits thereto (collectively, the "Specified Debt Documents"); such documents are unmodified, except as disclosed on Exhibit 3.9, and are in full force and effect, and no party is in breach thereunder.