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 Borrower has acquired, and will acquire from time to time, Receivables from the Originator(s) pursuant to the Purchase and Sale Agreement.
PRELIMINARY STATEMENTS The Borrower has acquired, and will acquire from time to time, Receivables from the Originators pursuant to the Purchase and Sale Agreement.
NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties hereto, the Trustee, the Company, and the Successor Company hereby agree as follows: PRELIMINARY STATEMENTS The Successor Company is the surviving entity of the merger of Bank of the Ozarks, Inc.
PRELIMINARY STATEMENTS: The Applicant has requested that the Bank amends the Reimbursement Agreement, and the Bank has agreed to amend the Reimbursement Agreement, as hereinafter set forth.
PRELIMINARY STATEMENTS: (1) The Borrower, the Lenders and the Agent have entered into a Credit Agreement, amended and restated as of April 4, 2014 (the “Credit Agreement”).
More Definitions of PRELIMINARY STATEMENTS
PRELIMINARY STATEMENTS. Alliance Resource Operating Partners, L.P., a Delaware limited partnership (the “Borrower”), JPMorgan, as administrative agent, and certain lenders party thereto, previously entered into that certain Third Amended and Restated Credit Agreement, dated as of May 23, 2012 (as amended, restated, amended and restated, supplemented or otherwise modified prior to the date hereof, the “Existing Credit Agreement”), and as a condition to the effectiveness of the Existing Credit Agreement, the Borrower and certain Subsidiaries of the Borrower entered into that certain Subsidiary Guaranty, dated as of May 23, 2012 (as amended, restated, amended and restated, supplemented, or otherwise modified prior to the date hereof, the “Original Guaranty”). The Borrower, certain Subsidiaries of the Borrower, the Administrative Agent and the Lenders party thereto, have entered into that certain Fourth Amended and Restated Credit Agreement, dated as of the date hereof (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”; the capitalized terms defined therein and not otherwise defined herein being used herein as therein defined), which amends and restates in its entirety the Existing Credit Agreement on the terms and conditions set forth therein, and in connection therewith, the Borrower, each Subsidiary of the Borrower party hereto, and the Administrative Agent are amending and restating the Original Guaranty as set forth herein. Each Guarantor may receive, directly or indirectly, a portion of the proceeds of the Advances under the Credit Agreement and will derive substantial direct and indirect benefits from the transactions contemplated by the Credit Agreement. It is a condition precedent to the making of Advances and the issuance of Letters of Credit by the Lenders under the Credit Agreement from time to time that each Guarantor shall have executed and delivered this Guaranty.
PRELIMINARY STATEMENTS has the meaning given to it in Section 1.3(i)(ii)(B).
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”).
PRELIMINARY STATEMENTS. A. NII Telecom is the legal and beneficial owner of all of the issued and outstanding equity in the Company and NII International Mobile S.à x.x. (“NII International”). B. NII Telecom and the Company are indirect wholly owned Subsidiaries of Parent.
PRELIMINARY STATEMENTS. Amscan, Inc., Kookaburra USA, Ltd., Deco Paper Products, Inc. and Trisar, Inc. (collectively, the "Borrowers"), the Banks and the Agent have entered into a Credit Agreement dated as of September 20, 1995 (said Credit Agreement being hereinafter referred to as the "Credit Agreement"; the terms defined therein being used herein as therein defined unless otherwise defined herein), regarding a credit facility in the original principal amount of $50,000,000, increasing to $55,000,000 in its second year and $60,000,000 in its third (the "Facility"). The Guarantor is an affiliated company of the Borrowers and is financially interested in its affairs. Pursuant to Section 6.10 of the Credit Agreement, the Borrowers have agreed to deliver to the Agent the guaranty of the Guarantor in the form of this Guaranty. It is a condition precedent to the making of additional Loans by the Banks under the Credit Agreement that the Guarantor shall have executed and delivered this Guaranty.
PRELIMINARY STATEMENTS. The Bank has agreed to enter into agreements or arrangements with Marc X. Xxxxx xxx Debrx Xxxxx (xxllectively, the "Borrower") providing for the making of a loan to the Borrower in the principal amount of $8,500,000, with a 15 month term (the said loan herein called the "Facility", and any writing evidencing, supporting or securing the Facility, including but not limited to this Guaranty, being a "Facility Document"). The Facility Documents include a promissory note dated May 13, 1997, in the original principal amount of $8,500,000 (the "Note") and a first mortgage deed (the "Mortgage") securing the Note and covering certain real property on Clapxxxxx Xxxxx Xxxx, Xxxxxxxxx, XX (xxe "Mortgaged Premises"). The Guarantor is financially interested in the affairs of the Borrower.