Wachovia Agreement definition

Wachovia Agreement means that certain loan agreement, dated December 14, 2005, by and between Wachovia, as lender, and York, as borrower.
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Wachovia Agreement means the Sale and Servicing Agreement, dated as of May 10, 2006, by and among Deerfield Capital, as originator and servicer, DWFC, as a borrower, Deerfield TRS (Bahamas) Ltd., as a borrower, the purchasers party thereto, Wachovia Capital Markets, LLC, as administrative agent, Lyon Financial Services, Inc., as backup servicer, and U.S. Bank National Association, as collateral custodian.
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Wachovia Agreement as defined in Section 2.4(a)(xiii).
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Examples of Wachovia Agreement in a sentence

  • Borrower is not in breach of or default under the Wachovia Agreement.

  • Because the Wachovia Agreement contains no delegation provision like the one in the Wells Fargo Agreement, the district court considered whether the arbitration clause was illusory and/or unconscionable, ultimately determining it was neither.

  • Unless otherwise required by applicable law, as determined by a court of competent jurisdiction, any surplus of such cash or cash proceeds held by Trustee or Holders and remaining after the full and final payment of all the Obligations shall be paid over to Wachovia unless (i) there are no amounts then owed to Wachovia under the Wachovia Agreement and (ii) the Wachovia Agreement has been terminated, in which case such surplus will be paid over to Company.

  • On the Closing Date, subject to fulfillment of all conditions precedent set forth in Article XIV, Lender agrees to make the Term Loan to Borrower, the proceeds from which shall be used by Borrower to pay in full all of the obligations of Borrower or any Subsidiary under (i) the Loan and Security Agreement (the "Wachovia Agreement") dated May 10, 2001, by and between Borrower and Wachovia Capital Investments, Inc.

  • Promptly upon the occurrence thereof, (x) notice of any "default" or "event of default" under, or amendment of, (i) the Wachovia Agreement, (ii) prior to the termination thereof, the BB&T Agreement or (iii) the Senior Notes or the Senior Note Indenture pursuant to which such Senior Notes were issued and (y) notice that the Borrower's "Consolidated Fixed Charge Coverage Ratio" (as defined in the Senior Note Indenture) does not exceed 2.5:1.0.

  • Promptly upon the occurrence thereof, (x) notice of any "default" or "event of default" under, or amendment of, (i) the Wachovia Agreement, (ii) the Master Lease Agreement, the (iii) Liquidity Agreement, or (iv) the Senior Notes or the Senior Note Indenture pursuant to which such Senior Notes were issued and (y) notice that the Borrower's "Consolidated Fixed Charge Coverage Ratio" (as defined in the Senior Note Indenture) does not exceed 2.5:1.0.

  • The Borrower shall maintain at all times, in addition to its senior revolving credit facility under the Wachovia Agreement, a liquidity facility in a principal amount of at least $100,000,000, with a maturity date no earlier than July 1, 1999, on an unsecured basis and with representations, warranties, covenants and defaults that are no more restrictive than the representations, warranties, covenants and defaults set forth in this Agreement.

  • For the avoidance of doubt, the Purchaser hereby appoints and authorizes the Agent as its agent under the Wachovia Agreement with full power and authority to exercise all rights of the Purchaser thereunder on the Purchaser’s behalf.

  • The waiver granted pursuant to clause (ii) above shall be effective for any Wachovia Agreement Lender from and after the date of receipt by the Administrative Agent of a counterpart of this Agreement executed by such Wachovia Agreement Lender whether or not this Agreement has otherwise become effective in accordance with its terms.

  • Parent shall have delivered a duly executed signature page to the Wachovia Agreement.

Related to Wachovia Agreement

  • Existing Management Agreement means that certain management agreement between the Seller and the Existing Manager for the operation and management of the Hotel.

  • Cooperation Agreement means that certain Mortgage Loan Cooperation Agreement, dated as of the Closing Date, among Borrower, Lender and Sponsor, as the same may from time to time be amended, restated, replaced, supplemented or otherwise modified in accordance herewith.

  • Asset Management Agreement means, as the context requires, any agreement entered into between a Series and an Asset Manager pursuant to which such Asset Manager is appointed as manager of the relevant Series Assets, as amended from time to time.

  • Replacement Management Agreement means, collectively, (a) either (i) a management agreement with a Qualified Manager substantially in the same form and substance as the Management Agreement, or (ii) a management agreement with a Qualified Manager, which management agreement shall be reasonably acceptable to Lender in form and substance, provided, with respect to this subclause (ii), Lender, at its option, may require that Borrower shall have obtained prior written confirmation from the applicable Rating Agencies that such management agreement will not cause a downgrade, withdrawal or qualification of the then current rating of the Securities or any class thereof and (b) an assignment of management agreement and subordination of management fees substantially in the form then used by Lender (or of such other form and substance reasonably acceptable to Lender), executed and delivered to Lender by Borrower and such Qualified Manager at Borrower’s expense.

  • Xxxxxx Agreement means that certain Contingent Stock Agreement, effective as of January 1, 1996, by The Xxxxx Company in favor of and for the benefit of the Holders (named in Schedule I thereto) and the Representatives (therein defined), as amended.

  • New Management Agreement means the management agreement to be entered into between Buyer and the Manager for the operation and management of the Hotel on and after the Closing Date.

  • Vendor Agreement means a contractual agreement for ancillary services or commodities which are not material for the provision of services under the head contract.

  • Connection Agreement means an agreement entered into between a distributor and a person connected to its distribution system that delineates the conditions of the connection and delivery of electricity to or from that connection;

  • SPS Agreement means the Agreement on the Application of Sanitary and Phytosanitary Measures which is a part of the WTO Agreement; Subheading means the first six digits in the tariff classification number under the HS; Territory means:

  • Property Management Agreement means that certain management agreement between the Company and the Property Manager with respect to the management of the Property.

  • Investment Management Agreement means the Investment Management Agreement, dated as of the date hereof, by and between the Investment Manager and the Borrower.

  • Factoring Agreement means any factoring agreement by and between Borrower and/or any Restricted Subsidiary and a Factor.

  • Corporate Services Agreement means the Corporate Services Agreement dated as of the date hereof between the Borrower and the Services Provider, as amended from time to time in accordance with the terms hereof and thereof.

  • Assistance Agreement means a for- mal, written agreement between the CDFI Fund and an Awardee which specifies the terms and conditions of assistance under this part;

  • Master Services Agreement means that master services agreement among the Limited Partnership, the Company, Teekay Corporation and Brookfield XX XXXX L.P. dated as of the date hereof.

  • Affiliation Agreement means any agreement between the Company or any of its Restricted Subsidiaries and a distributor pursuant to which such distributor agrees, among other things, to distribute and exhibit to its subscribers programming of the Company or such Restricted Subsidiary, as the case may be.

  • Formation Agreement has the meaning attributed to it in Recital A;

  • SCM Agreement means the Agreement on Subsidies and Countervailing Measures in Annex 1A to the WTO Agreement;

  • Replacement Agreement shall have the meaning set forth in Paragraph 2(b) hereof.

  • Hotel Management Agreement means any hotel management agreement relating to the management and operation of the Real Property together with all supplements, amendments and modifications thereto.

  • Sponsor Letter Agreement has the meaning set forth in the recitals to this Agreement.

  • Master Separation Agreement has the meaning set forth in the recitals.

  • Client Agreement means the agreement between the Company and the Client, which together with the Terms of Business are defined as “Operative Agreements” and govern the terms on which the Company deals with the Client.

  • Side Agreement means the Side Agreement for Transfer Agency Services between the Customer and Transfer Agent dated as of January 1, 2015.

  • Finance agreement means a loan, lease, or installment sale agreement for a motor vehicle. The term includes, but is not limited to, an installment sale contract, a retail installment contract, or a retail charge agreement.

  • Existing LLC Agreement is defined in the recitals to this Agreement.