First Modification Agreement definition
Examples of First Modification Agreement in a sentence
The obligations of Company under the Credit Agreement are secured by a Pledge Agreement, dated as of May 31, 1992 as amended by the First Modification Agreement (as so amended, the "Pledge Agreement") under which Company pledged to Bank the shares of capital stock of certain of the Subsidiaries.
If any provision of this First Modification Agreement or any of the Loan Documents shall be determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, that portion shall be deemed severed therefrom and the remaining parts shall remain in full force as though the invalid, illegal, or unenforceable portion had never been a part thereof.
Except as otherwise specifically modified by this First Modification Agreement, all terms and provisions of the Loan Documents shall remain unmodified and in full force and effect.
Defendants next claim that the First Modification Agreement was superseded by the Second Modification Agreement.
Except as specifically indicated, nothing contained in this First Modification Agreement shall in any way impair the Loan Documents or alter, waive, annul, vary, affect or impair any provision, condition, or covenant contained therein or any right, power, or remedy granted therein.
Oldcastle argues that the obligation of the VPMC Principals under the First Modification Agreement to sell the Shops and use the proceeds to pay off the Loan did not involve the peculiar skills of the VPMC Principals.
Each party hereto has cooperated in the drafting and preparation of this First Modification Agreement, and as a result this First Modification Agreement shall not be construed against any party.
We, thus, find that the Defendants properly raised a statute of limitations defense in its Motion to Dismiss, and proceed to discuss the merits of this issue.Oldcastle asserts that it filed each of its claims within the applicable statutes oflimitations because the claims did not accrue until December 2011, when it first discovered that VPMC had sold the Shops and failed to apply the proceeds toward the repayment of the loan, as required under the First Modification Agreement.
BTI and Bank modified the terms of the Loan Agreement pursuant to a First Loan Modification Agreement, dated as of July 1, 1999 (the "First Modification Agreement"), which among other things, added Digivision, Inc.
This First Modification Agreement shall be governed by and interpreted in accordance with the laws of the State of California, except if preempted by Federal law.