PRELIMINARY STATEMENTS. The Bank has entered, or may from time to time enter, into agreements or arrangements with Avistar Communications Corporation, a Delaware corporation (the “Borrower”), providing for credit extensions or financial accommodation to the Borrower of any kind whatsoever including, without limitation, the making of loans, advances or overdrafts, whether or not secured, discount or purchase of notes, securities or other instruments or property, creation of acceptances, issuance or confirmation of letters of credit, guaranties or indemnities, entering into foreign exchange or precious metals contracts or interest rate or currency swap or protection agreements, entering into any other derivative transactions under any ISDA Master Agreement or similar agreements between the Bank and the Borrower, or any other kind of lease, contract or agreement under which the Borrower may be indebted to the Bank in any manner (all of the foregoing agreements or arrangements being the “Facilities” and any writing or record evidencing, supporting, securing, or delivered in connection with a Facility, including but not limited to this Guaranty, and including as may subsequently be renewed, extended, amended, modified, substituted and/or replaced, being a “Facility Document”).
PRELIMINARY STATEMENTS means the Preliminary Statements following the recital hereof.
PRELIMINARY STATEMENTS has the meaning set forth in Section 4.4(c).
Examples of PRELIMINARY STATEMENTS in a sentence
PRELIMINARY STATEMENTS: The Bank has entered into an arrangement with G.
PRELIMINARY STATEMENTS The Company, VTP, Inc., Venturi Technology Partners, LLC, Comsys Information Technology Services, Inc., Comsys Holding, Inc.
PRELIMINARY STATEMENTS The following statements are a material part of this Agreement: A.
TABLE OF CONTENTS DEVELOPMENT, MARKETING AND STRATEGIC ALLIANCE AGREEMENT December 31, 2002 (the " Effective Date ") PRELIMINARY STATEMENTS EXHIBIT A FINANCIAL APPENDIX EXHIBIT B TARGET LABELING EXHIBIT C FORM OF PROPOFOL SUPPLY AGREEMENT FORM OF PROPOFOL SUPPLY AGREEMENT By and Between SKYEPHARMA, INC.
PRELIMINARY STATEMENTS Seller, MPC LP, the Conduit Purchasers, the Committed Purchasers, the Managing Agents, the LC Issuers and the Administrative Agent are parties to that certain Receivables Purchase Agreement dated as of July 1, 2011 (as heretofore amended, restated, supplemented or otherwise modified from time to time, the “Original RPA”).
More Definitions of PRELIMINARY STATEMENTS
PRELIMINARY STATEMENTS. A.GFC Warehouse I, LLC (the “Borrower”), GO Financial, as Servicer thereunder (in such capacity, the “Servicer”), Xxxxx Fargo Bank, National Association, as Backup Servicer, Paying Agent and Securities Intermediary, the Conduit Lenders from time to time party thereto, the Committed Lenders from time to time party thereto, the Managing Agents from time to time party thereto and the Program Agent are entering into that certain Loan and Servicing Agreement of even date herewith (as amended, restated, supplemented or otherwise modified from time to time, the “Loan and Servicing Agreement”), pursuant to which the Lenders have agreed to make Loans to the Borrower secured by the Pledged Contracts and the other Collateral and the Servicer has agreed to service the Pledged Contracts. B. DT Credit Company LLC, as Interim Subservicer thereunder (“DTCC”) and GO Financial, as Servicer, are entering into that certain Interim Subservicing Agreement (as amended, restated, supplemented or otherwise modified from time to time, the “Interim Servicing Agreement”), dated as of even date herewith, pursuant to which DTCC has agreed to perform, as a sub-servicer on behalf of the Servicer, certain obligations of the Servicer under the Loan and Servicing Agreement with respect to the Pledged Contracts. C. DTAC is the owner of 100% of the capital stock of DTCC. The stockholders of DTAG own all of the outstanding capital stock of DTAC. D. Each Guarantor will receive substantial direct and indirect benefits from the transactions contemplated by the Interim Subservicing Agreement. E. It is a condition precedent to the execution and delivery of the Interim Subservicing Agreement that the Guarantors execute this Guaranty and deliver it to the Guaranteed Persons.
PRELIMINARY STATEMENTS. I. United Fire Group, Inc., an Iowa corporation (the “Company”), entered into a Master Note Purchase Agreement dated as of May 31, 2024 (as amended, modified, supplemented or restated from time to time, the “Note Agreement”) with the Persons listed on the signature pages thereto (the “Purchasers”). Capitalized terms used herein have the meanings specified in the Note Agreement unless otherwise defined herein. II. The Company has authorized the issuance, pursuant to the Note Agreement, of 9.00% Senior Notes Series A due May 31, 2039 in the aggregate principal amount of $70,000,000. Pursuant to the Note Agreement, the Company has issued and sold $70,000,000 aggregate principal amount of its 9.00% Senior Notes Series A due May 31, 2039 (the “Series A Notes”). The Series A Notes and any other Additional Notes that may from time to time be issued pursuant to the Note Agreement (including any notes issued in substitution for any of the Notes) are herein collectively called the “Notes” and individually a “Note”. III. Pursuant to the Note Agreement, the Company is required to cause the Guarantor to deliver this Guaranty Agreement to the holders. IV. The Guarantor will receive direct and indirect benefits from the financing arrangements contemplated by the Note Agreement. The [Board of Directors] of the Guarantor has determined that the incurrence of such obligations is in the best interests of the Guarantor.
PRELIMINARY STATEMENTS. A. Sunoco, LLC, a Delaware limited liability company (“Sunoco LLC”), Guarantor and Sunoco LP, and, solely for limited purposes, Energy Transfer Partners, L.P., a Delaware limited partnership (“ETP”), have entered into that certain Contribution Agreement, dated as of March 23, 2015, as amended (the “Contribution Agreement”), pursuant to which Guarantor has agreed to contribute to Sunoco LP 31.58% of the membership interests in Sunoco LLC (the “Contribution”). B. In connection with and in order to facilitate the Contribution, pursuant to the Indenture dated April 1, 2015 (the “Indenture”), the Sunoco Issuers issued $800 million in aggregate principal amount of 6.375% senior notes due 2023 (the “Supported Debt”). C. Pursuant to the terms of the Contribution Agreement, at the closing of the Contribution on the date hereof, (i) Sunoco LP distributed to Guarantor, in partial consideration for the Contribution, $775,000,013.00 in cash, financed entirely from the proceeds of the Supported Debt (the “Cash Consideration”) and (ii) Guarantor executed and delivered a guarantee dated as of even date herewith, providing for a guarantee of collection (but not of payment) for the principal amount due under the Supported Debt (the “ETP Retail Holdings Guarantee”), a copy of which is attached hereto as Exhibit A. D. Concurrently with the execution of this Agreement, Guarantor is distributing to the Support Provider, a portion of the Cash Consideration equal to $35,005,707.52 (the “Atlantic Distribution” and the proportion of the total Cash Consideration reflected by such Atlantic Distribution, which equals 4.52%, the “Atlantic Distribution Percentage”). Accordingly, in consideration of the Atlantic Distribution, Support Provider desires to enter into this Agreement to provide support to Guarantor in furtherance of the ETP Retail Holdings Guarantee in support of the Supported Debt, on the terms and subject to the conditions set forth herein. E. The Sunoco Issuers and Guarantor desire to enter into this Agreement and be bound by the terms and conditions set forth herein.
PRELIMINARY STATEMENTS. The Bank has entered, or may from time to time enter, into agreements or arrangements with Archipelago Exchange, L.L.C. (the “Borrower”) providing for credit extensions or financial accommodation to the Borrower, including but not limited to the making of loans, advances or overdrafts, whether or not secured (all of the foregoing agreements or arrangements being the “Facilities” and any writing evidencing, supporting or securing a Facility, including but not limited to this Guaranty, as such writing may be amended, modified or supplemented from time to time, a “Facility Document”). The Guarantor owns a substantial amount of the stock or other ownership interests of the Borrower and is financially interested in its affairs. THEREFORE, in order to induce the Bank to extend credit or give financial accommodation under the Facilities, the Guarantor agrees as follows:
PRELIMINARY STATEMENTS. The Bank has entered into certain term loans in the aggregate principal amount not to exceed $3,000,000 as outlined in a Letter Agreement dated the date hereof with the parties identified from time to time on Schedule A attached hereto (collectively, the "BORROWERS") providing for credit extensions or financial accommodation to one or more of the Borrowers on said Schedule A (all of the foregoing credit extensions or financial accommodations being the "LOANS" and any writing evidencing, supporting or securing a Loan, including but not limited to this Guaranty, as the same may be amended, restated, renewed, updated, extended or supplemented from time to time, being a "FACILITY DOCUMENT"). Each of the Borrowers is a director and/or officer of the Guarantor. THEREFORE, in order to induce the Bank to extend credit or give financial accommodation under the Loans, the Guarantor agrees as follows:
PRELIMINARY STATEMENTS the clauses that appear after the preamble of this Agreement under the title "Preliminary Statements".
PRELIMINARY STATEMENTS. The Bank has entered, or may from time to time enter, into agreements or arrangements with the entities listed on Schedule A attached hereto and made a part hereof (collectively, the “Borrowers” and each, individually, a "Borrower") providing for credit extensions or financial accommodation to the Borrowers or any of them of any kind whatsoever, including but not limited to the making of loans, advances or overdrafts, whether or not secured, discount or purchase of notes, securities or other instruments or property, creation of acceptances, issuance or confirmation of letters of credit, guaranties or indemnities, treasury management agreements (including, without limitation, ACH and BACS agreements and provision of commercial credit card and/or merchant credit card services and pre-paid debit card services), notional pooling arrangements, physical cash concentration services, entering into Rate Management Transactions (as defined below) or any other kind of contract or agreement under which the Borrowers or any of them may be indebted to the Bank in any manner (all of the foregoing agreements or arrangements being the "Facilities" and any writing evidencing, supporting or securing a Facility, including but not limited to this Guaranty, as such writing may be amended, modified or supplemented from time to time, a "Facility Document"). The term “Rate Management Transaction”, as used herein, means (i) any transaction (including an agreement with respect thereto) now existing or hereafter entered into between any Borrower and Bank and/or its affiliates which is a rate swap, swap option, basis swap, forward rate transaction, commodity swap, commodity option, equity or equity index swap, equity or equity index option, bond option, interest rate option, foreign exchange transaction, cap, floor, collar, currency swap, cross-currency rate swap, currency option, credit protection transaction, credit swap, credit default swap, credit default option, total return swap, credit spread, repurchase transaction, reverse repurchase transaction, buy/sell-back transaction, securities lending transaction, weather index transaction or forward purchase or sale of a security, commodity or other financial instrument or interest (including any option with respect to any of these transactions), or (ii) any type of transaction that is similar to any transaction referred to in clause (i) above that is currently, or in the future becomes, recurrently entered into in the financial marke...