Electronic Imaging. Borrower hereby acknowledges the receipt of a copy of the Agreement, the Note, the Collateral Pledge Agreement, this Amendment and all other Advance Documents. Lender may, on behalf of Borrower, create a microfilm or optical disk or other electronic image of any or all of the Credit Documents. Lender may store the electronic image of any Credit Document in its electronic form and then destroy the paper original as part of Lender’s normal business practices, with the electronic image deemed to be an original.
Electronic Imaging. Royal Bank may convert paper records of this Agreement and all other Documents delivered to Royal Bank into electronic images, as part of Royal Bank’s normal business practices. Each such electronic image shall be considered an authoritative copy of the paper Document, and shall be legally binding on the parties and admissible in any legal, administrative, or other proceeding as conclusive evidence of the contents of such Document in the same manner as the original paper Document.
Electronic Imaging. The parties intend to allow for the electronic imaging and storage of this Agreement, and the admissibility into evidence of such an image in lieu of the original paper version of this Agreement. The parties stipulate that any computer printout of any such image of this Agreement shall be considered to be an “original” under the applicable court or arbitral rules of evidence when maintained in the normal course of business and shall be admissible as between the parties to the same extent and under the same conditions as other business records maintained in paper or hard copy form. The parties agree not to contest, in any proceeding involving the parties in any judicial or other forum, the admissibility, validity, or enforceability of any image of this Agreement because of the fact that such image was stored or handled in electronic form.
Electronic Imaging. Lender may create electronic images of this Agreement and the other Loan Documents and destroy paper originals of any such imaged documents, each without the consent of Borrower or Guarantor. Provided that such images are maintained by or on behalf of Lender as part of its normal business processes, such images have the same legal force and effect as the paper originals and are enforceable against each of Borrower and Guarantor. Further, Lender may convert this Agreement or any other Loan Document into an “Electronic record” within the meaning of the ESRA and the image of such instrument in Xxxxxx’s possession shall be deemed the unique, identifiable and unalterable version of such record. As used herein “ESRA” shall mean the Electronic Signatures and Records Act, N.Y. Comp. Codes R. & Regs. Tit 9 Part 540, as amended from time to time. 57
Electronic Imaging. This Agreement and the Loan Documents will be scanned into an optical retrieval system and the original of this Agreement and the Loan Documents may be destroyed. By signing this Agreement, Xxxxxxxx agrees that a copy from the optical retrieval system of any of this Agreement or the Loan Documents, including without limitation any Note or Guaranty Agreement, shall have the same legal force and effect as an original and can be used in the place of an original in all circumstances and for all purposes, including but not limited to negotiation, collection, legal proceeding, or authentication.
Electronic Imaging. The parties hereto agree that, at any time, the Lender may convert paper records of this commitment letter and all other documentation delivered to the Borrower (each, a “Paper Record”) into electronic images (each, an “Electronic Image”) as part of the Lender’s normal business practices. The parties agree that each such Electronic Image shall be considered as an authoritative copy of the Paper Record and shall be legally binding on the parties and admissible in any legal, administrative or other proceeding as conclusive evidence of the contents of such document in the same manner as the original Paper Record.”
Electronic Imaging. The Borrower hereby acknowledges the receipt of a copy of this Agreement, the Note, and all other Loan Documents. The Lender may, on behalf of the Borrower, create a microfilm or optical disk or other electronic image of this Agreement, the Note, and any or all of the Loan Documents. The Lender may store the electronic image of this Agreement, the Note, and any other Loan Document in its electronic form and then destroy the paper original as part of the Lender’s normal business practices, with the electronic image deemed to be an original. Signature Page Immediately Follows EXHIBIT A FIREFIGHTERS’ PENSION INVESTMENT FUND PROMISSORY NOTE Chicago, Illinois Principal Amount: Seven Million Five Hundred Thousand Dollars ($7,500,000) Dated: March 30, 2020 FOR VALUE RECEIVED, the undersigned, the Firefighters’ Pension Investment Fund, an instrumentality of the State of Illinois (the “Borrower”), hereby promises to pay to the order of the Illinois Finance Authority (the “Lender”), at the principal office of the Lender in Chicago, Illinois, the principal sum of $7,500,000, or if less the principal balance determined in the Loan Agreement, in the manner and on the dates specified in the Loan Agreement, if not sooner paid, by the Final Maturity Date, together with interest thereon (computed on the basis of a year of 365 days for the actual number of days elapsed) at the rates, and payable in the manner and on the dates, specified in the Loan Agreement. If any payment on this Note becomes due on a date which is not a Business Day, such payment shall be made on the next Business Day and any such extension shall be included in computed interest hereon. This Note is issued by the Borrower under the terms and provisions of that certain Loan Agreement dated as of March 30, 2020, by and between the Borrower and the Lender (said Loan Agreement, as the same may be amended, modified, or restated from time to time, being referred to herein as the “Loan Agreement”) and this Note and the holder hereof are entitled to all of the benefits and security provided for thereby or referred to therein, to which reference is hereby made for a statement thereof. All capitalized terms used herein without definition shall have the same meanings herein as such terms are defined in the Loan Agreement. The Loan is a general obligation of the Borrower and is payable from all available monies, funds, and revenues of the Borrower. The full faith and credit of the Borrower, subject to the provisions...
Electronic Imaging. Borrower acknowledges the receipt of copies of the Agreement, the Note, this Amendment and all other Transaction Documents. Agent may, on behalf of Borrower, create a microfilm or optical disk or other electronic image of the Agreement, the Note, this Amendment and any or all of the Transaction Documents. Agent may store the electronic image of the Agreement, the Note, this Amendment and any other Transaction Document in its electronic form and then destroy the paper original as part of Agent’s normal business practices, with the electronic image deemed to be an original.
Electronic Imaging. BXXXXXXX AGREES THAT ELECTRONICALLY REPRODUCED COPIES OF THE ORIGINAL PROMISSORY NOTE ANO ALL ACCOMPANYING LOAN DOCUMENTS WILL BE TREATED AS ORIGINALS AND WILL BE ADMISSIBLE AS EVIDENCE TO THIS AGREEMENT. BXXXXXXX AGREES NOT TO CHALLENGE THE AUTHENTICITY OF THE ELECTRONICALLY REPRODUCED COPIES. COUNTERPART SIGNATURES. THIS DOCUMENT MAY BE SIGNED IN ANY NUMBER OF COUNTERPARTS ALL OF WHICH COMBINED SHALL BE CONSIDERED ONE AND THE SAME DOCUMENT. CROSS COLLATERAL PROVISION. ALL COLLATERAL NOW OR HEREAFTER SUBJECT TO A SECURITY INTEREST OR LIEN OF LENDER PURSUANT TO ANY OR ALL OF THE SECURITY AGREEMENTS BETWEEN BORROWER, AND LENDER SHALL SECURE ANY AND ALL OBLIGATIONS. AND ANY PROCEEDS OF ANY COLLATERAL MAY BE APPLIED TO ANY OF THE OBLIGATIONS AS LENDER MAY SEE FIT. SUBJECT TO APPLICABLE LAW. IN ADDITION TO AND NOT IN SUBSTITUTION FOR ANY PROVISION IN ANY OF THE SECURITY AGREEMENTS EVIDENCING OBLIGATIONS. IT IS AGREED THAT ANY DEFAULT OR BREACH BY BORROWER, IN PAYMENT OR DEFAULT UNDER ANY AGREEMENT EVIDENCING AN OBLIGATION SHALL, AT THE OPTION OF LENDER, CONSTITUTE A DEFAULT UNDER EACH AND ALL LOAN DOCUMENTS EXECUTED BY THE BORROWER. IN FAVOR OF THE LENDER. LATE CHARGE. SHOULD BORROWER FAIL TO PAY ANY PAYMENT REQUIRED DURING THE TERM OF THIS LOAN, OR TO PAY THE INDEBTEDNESS UPON THE MATURITY, OR UPON ACCELERATION OF THIS LOAN, AND SHOULD ANY SUCH AMOUNT REMAIN UNPAID FOR A PERIOD OF TEN (10) DAYS FOLLOWING ITS DUE DATE, THEN BORROWER AGREES AND COVENANTS TO PAY TO LENDER A LATE CHARGE IN THE AMOUNT OF FIVE PERCENT (5%) OF ANY SUCH AMOUNT, INCLUDING THE AMOUNT DUE AND PAYABLE AT MATURITY OR ACCELERATION. PROMISSORY NOTE INTEREST RESERVE. A BANK CONTROLLED PAYMENT RESERVE (DOA 2189003) HAS BEEN SET UP TO HOUSE A 12 MONTH PAYMENT RESERVE. ANY DRAW REQUESTS WILL BE AT THE SOLE DISCRETION OF THE BANK.
Electronic Imaging. The parties hereto agree that, at any time, the Agent and each Lender may convert paper records of this Agreement, the other Loan Documents and all other documentation delivered to the Agent hereunder in such capacity (each, a "Paper Record") into electronic images (each, an "Electronic Image") as part of the Agent's or Lender's, as applicable, normal business practices. The parties agree that each such Electronic Image shall be considered as an authoritative copy of the Paper Record and shall be legally binding on the parties and admissible in any legal, administrative or other proceeding as conclusive evidence of the contents of such document in the same manner as the original Paper Record."
