t a l s. A. The Lenders have extended credit to the Borrower on the terms and conditions set forth in that certain Credit Agreement and Guaranty, dated as of August 31, 2018 (the “Existing Credit Agreement”; the Existing Credit Agreement as amended by this Agreement, the “Credit Agreement”).
t a l s. A. Owner is undertaking to contract for the operation and maintenance of the Facilities (as hereinafter defined) located in __________ County, ____________.
t a l s. A. The Purchasers have purchased shares of the Company’s Common Stock (as defined below) pursuant to Subscription Agreements (each, a “Subscription Agreement” and collectively, the “Subscription Agreements”) by and between the Company and each Purchaser.
t a l s. A. The Lessor and the Lessee have entered into a Lease Agreement, dated of even date herewith (as amended, restated, supplemented or otherwise modified from time to time, the “Lease”), pursuant to which the Lessor leases to the Lessee, and the Lessee leases from the Lessor, (i) the land more particularly described on Schedule I hereto (the “Land”), (ii) the Improvements (as hereinafter defined) and (iii) the Appurtenances (as hereinafter defined). The Land, the Improvements and the Appurtenances being hereinafter referred to collectively as the “Leased Property”.
t a l s. A. The Company and the Original Trustee have entered into that certain Indenture dated as of March 15, 2000 (as it may be amended, restated, supplemented or otherwise modified from time to time, the "Original Indenture"), pursuant to which the Company issued 14% Senior Secured Notes due 2010 in an aggregate principal amount of $325,000,000 (the "Original Notes").
t a l s. Borrower has heretofore executed and delivered to Lender the following security documents, each of which has been recorded with the circuit court clerk of Chesterfield County, Virginia (the "Recording Office"):
t a l s. Each Borrower has requested that Lenders make available a revolving credit facility to Borrowers, which shall be used by Borrowers to finance the business operations of Borrowers and their subsidiaries. In order to utilize the financial powers of each Borrower in the most efficient and economical manner, and in order to facilitate the financing of each Borrower’s needs, Lenders will, at the request of any Borrower, make loans to all Borrowers under the revolving credit facility on a combined basis and in accordance with the provisions hereinafter set forth. Borrowers’ business is a mutual and collective enterprise and Borrowers believe that the consolidation of all revolving credit loans under this Agreement will enhance the aggregate borrowing powers of each Borrower and ease the administration of their revolving credit loan relationship with Lenders, all to the mutual advantage of Borrowers. Lenders’ willingness to extend credit to Borrowers and to administer each Borrower’s collateral security therefor, on a combined basis as more fully set forth in this Agreement, is done solely as an accommodation to Borrowers and at Borrowers’ request in furtherance of Borrowers’ mutual and collective enterprise. Each Borrower has agreed to guarantee the obligations of each of the other Borrowers under this Agreement and each of the other Loan Documents.
t a l s. As of the original date of this Loan Agreement, Bxxxxxxx had applied to Lender for a loan in the principal amount of $40,000,000. On or around June 8, 2021, Borrower applied to Lender to increase such loan to the principal amount of $60,000,000; as of July 8, 2021, Borrower applied to Lender to further increase such loan to the principal amount of $85,000,000; as of December 13, 2021, Borrower applied to Lender to further increase such loan on an interim basis to the principal amount of $150,000,000; as of December 28, 2021, the principal loan amount was reduced to $120,900,000; following the sale of each Third Amendment Date Property, the principal amount of the Loan was reduced back to $85,000,000; and as of December 22, 2023, the principal loan amount was reduced to $80,000,000. Bxxxxxxx and Lxxxxx have entered into this Loan Agreement to establish the terms and conditions of the disbursement of the Loan and the rights and obligations of Borrower with respect to the Loan and the Properties (as defined herein).
t a l s. A. Landlord and Tenant entered into the Lease dated July 30, 2010 (the "Original Lease"), as amended by the First Amendment to Lease dated September 30, 2011 (the "First Amendment"), and the Second Amendment to Lease dated March 4, 2016 (the “Second Amendment”), pursuant to which Tenant currently leases approximately 44,200 rentable square feet of space comprised of (i) the space containing approximately 19,600 rentable square feet of space comprising the entire building located at 000 Xxxxxxxxxx Xxxxx, Xxxxxxx Xxxx, Xxxxxxxxxx 00000 (the "400 Building") and (ii) the space containing approximately 24,600 rentable square feet of space comprising the entire building located at 000 Xxxxxxxxxx Xxxxx, Xxxxxxx Xxxx, Xxxxxxxxxx 00000 (the "600 Building"). The Original Lease, the First Amendment and the Second Amendment are collectively, the "Lease."
t a l s. A. Consultant and Client are parties to that certain Consulting Agreement dated December 30, 2015 (“Consulting Agreement”), as amended December 31, 2019 (“First Amendment”).
