Examples of Closing Date Participation Agreement in a sentence
The Sale Agreement and Closing Date Participation Agreement the only agreement pursuant to which the Borrower purchases Collateral from the Fund.
On the Closing Date, upon satisfaction of the conditions set forth in Section 2.2, the Purchaser hereby instructs the Seller, and the Seller hereby agrees to deliver, on behalf of the Purchaser, the Closing Date Participation Agreement and the Required Loan Documents with respect to the related Closing Date Loans to the Trustee, and such delivery to the Trustee shall be deemed to be delivery to and acceptance by the Purchaser.
The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire any of the assets or any stock of any class of, or any partnership or joint venture interest in, any other Person, or sell, transfer, convey or lease any of its assets, or sell or assign with or without recourse any Collateral or any interest therein (other than as permitted pursuant to this Agreement, the Sale Agreement or Closing Date Participation Agreement).
The audited balance sheet of Cyber as of August 31, 2000, ("Balance Sheet") and statements of operations for the periods then ended previously delivered to IDS were prepared in accordance with generally accepted accounting principles applied on a consistent basis with prior periods, and such financial statements fairly represent the financial position of Cyber as at such dates and the results of its operations for the periods then ended.
In furtherance and not in limitation of the foregoing, the Borrower hereby assigns to the Administrative Agent for the benefit of the Secured Parties its right to indemnification under each Closing Date Participation Agreement.
The Borrower hereby collaterally assigns to the Administrative Agent, for the benefit of the Secured Parties, all of the Borrower’s right, title and interest in and to, but none of its obligations under, each Closing Date Participation Agreement and any UCC financing statements filed under or in connection therewith.
This Agreement and the Closing Date Participation Agreement (and any related assignment agreements executed pursuant to the Underlying Instruments) are the only agreements pursuant to which the Seller sells or otherwise transfers the Transferred Assets to the Buyer.