Examples of Xxxxx Fargo Facility in a sentence
Xxxxx Fargo, (or, upon termination of the Xxxxx Fargo Facility, the Lender) shall daily, in accordance with the Wholesale Lockbox and Collection Account Agreement, cause funds in the Collateral Account to be transferred to Xxxxx Fargo’s (or the Lender’s as applicable) general account for payment of the Obligations.
If at any point in time Agent determines that either clause (y) or (z) above are not satisfied in full, then the Xxxxx Fargo Facility shall constitute a New Facility for purposes of this Section 6.21 (but only to the extent, in the course of clause (z), that the terms of the Xxxxx Fargo Facility are changed after clause (z) ceases to be satisfied).
Xxxxx Name: Xxxxxx X Xxxxx Title: Vice President TD BANK, N.A., As TD Facility Agent and a Committed Lender By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President By: Name: Title: XXXXX FARGO BANK, N.A. As Xxxxx Fargo Facility Agent and Committed Lender By: /s/ Xxxxxxx X.
XxXxxxxxx Title: Vice President TD BANK, N.A., as TD Facility Agent and a Committed Lender By: /s/ Xxxxxxx Xxxxxxxxxx Name: Xxxxxxx Xxxxxxxxxx Title: Senior Vice President XXXXX FARGO BANK, N.A., as Xxxxx Fargo Facility Agent and Committed Lender By: /s/ Xxxxxxx X.
The parties hereto acknowledge that counsel for the Borrower, the Administrative Agent and Xxxxx Fargo will coordinate such simultaneous delivery of release documentation in accordance with this subsection (d) and a comparable provision of the Xxxxx Fargo Facility.
The Borrower further acknowledges and agrees that once the Credit Agreement for the New Xxxxx Fargo Facility is executed and a copy of it is delivered to BMO as required under this Consent, any amendment or modification of said Credit Agreement shall be subject to Section 5.14 of the Loan Agreement.
Without Lender's prior written consent, Borrower shall not enter into any agreement that modifies or amends the Xxxxx Fargo Loan Documents or modifies any terms applicable to the Xxxxx Fargo Facility.
Fargo Facility is no longer subsisting as all of the Series A Subordinated Notes (as defined in the Xxxxx Fargo Facility) to which it applies have been paid in full.
Xxxxxx Title: Vice President {B1568014; 11} 23907853v01 TD BANK, N.A., as TD Facility Agent and a Committed Lender By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President By: Name: Title: Address for Notices: TD Bank, N.A. 000 Xxxxxxx Xxx., 0xx xxxxx Xxx Xxxx, XX 00000 Attention: Xxxx Xxxxxx, Senior Vice President Telephone No.: (000) 000-0000 Email: xxxx.xxxxxx@xx.xxx {B1568014; 11} 23907853v01 XXXXX FARGO BANK, N.A., as Xxxxx Fargo Facility Agent and Committed Lender By: /s/ Xxxxxxx X.
The first sentence of Section 12(k) of the Loan Agreement is hereby amended and restated to read as follows: Permit its Liquidity, as of the end of any calendar quarter, to be less than $3,000,000; provided that if the corresponding covenants in the Xxxxx Fargo Facility and in Borrower’s credit facility with First Hawaiian Bank are both reduced to $2,000,000 and Borrower delivers evidence thereof to Lender, then the foregoing amount shall be immediately and automatically reduced to $2,000,000.