THE BORROWERS. SHALL INDEMNIFY THE ADMINISTRATIVE AGENT, THE ARRANGER, AND EACH LENDER, AND EACH RELATED PARTY OF ANY OF THE FOREGOING PERSONS (EACH SUCH PERSON BEING CALLED AN "INDEMNITEE") AGAINST, AND HOLD EACH INDEMNITEE HARMLESS FROM, ANY AND ALL LOSSES, CLAIMS, DAMAGES, LIABILITIES AND RELATED EXPENSES, INCLUDING THE FEES, CHARGES AND DISBURSEMENTS OF ANY COUNSEL FOR ANY INDEMNITEE, INCURRED BY OR ASSERTED AGAINST ANY INDEMNITEE ARISING OUT OF, IN CONNECTION WITH, OR AS A RESULT OF (i) THE EXECUTION OR DELIVERY OF THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT OR ANY AGREEMENT OR INSTRUMENT CONTEMPLATED HEREBY OR THEREBY, THE PERFORMANCE BY THE PARTIES HERETO OR THE PARTIES TO ANY OTHER LOAN DOCUMENT OF THEIR RESPECTIVE OBLIGATIONS HEREUNDER OR THEREUNDER OR THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED HEREBY OR BY ANY OTHER LOAN DOCUMENT, (ii) THE FAILURE OF THE BORROWERS OR ANY SUBSIDIARY TO COMPLY WITH THE TERMS OF ANY LOAN DOCUMENT, INCLUDING THIS AGREEMENT, OR WITH ANY GOVERNMENTAL REQUIREMENT, (iii) ANY INACCURACY OF ANY REPRESENTATION OR ANY BREACH OF ANY WARRANTY OR COVENANT OF THE BORROWERS OR ANY SUBSIDIARY SET FORTH IN ANY OF THE LOAN DOCUMENTS OR ANY INSTRUMENTS, DOCUMENTS OR CERTIFICATIONS DELIVERED IN CONNECTION THEREWITH, (iv) ANY LOAN OR THE USE OF THE PROCEEDS THEREFROM, (v) ANY OTHER ASPECT OF THE LOAN DOCUMENTS, (vi) THE OPERATIONS OF THE BUSINESS OF THE BORROWERS AND THEIR SUBSIDIARIES BY THE BORROWERS AND THEIR SUBSIDIARIES, (vii) ANY ASSERTION THAT THE LENDERS WERE NOT ENTITLED TO RECEIVE THE PROCEEDS RECEIVED PURSUANT TO THE SECURITY INSTRUMENTS, (viii) ANY ENVIRONMENTAL LAW APPLICABLE TO EITHER BORROWER OR ANY SUBSIDIARY OR ANY OF ITS PROPERTIES, INCLUDING WITHOUT LIMITATION, THE PRESENCE, GENERATION, STORAGE, RELEASE, THREATENED RELEASE, USE, TRANSPORT, DISPOSAL, ARRANGEMENT OF DISPOSAL OR TREATMENT OF OIL, OIL AND GAS WASTES, SOLID WASTES OR HAZARDOUS SUBSTANCES ON ANY OF THEIR PROPERTIES, (ix) THE BREACH OR NON-COMPLIANCE BY EITHER BORROWER OR ANY SUBSIDIARY WITH SUCH ENVIRONMENTAL LAW APPLICABLE TO SUCH BORROWER OR ANY SUBSIDIARY, (x) THE PAST OWNERSHIP BY SUCH BORROWER OR SUCH SUBSIDIARY OF ANY OF ITS PROPERTIES OR PAST ACTIVITY ON ANY OF ITS PROPERTIES WHICH, THOUGH LAWFUL AND FULLY PERMISSIBLE AT THE TIME, COULD RESULT IN PRESENT LIABILITY, (xi) THE PRESENCE, USE, RELEASE, STORAGE, TREATMENT, DISPOSAL, GENERATION, THREATENED RELEASE, TRANSPORT, ARRANGEMENT FOR TRANSPORT OR ARRANGEMENT FOR DISPOSAL OF OIL, OIL AND GAS WASTES, SOLID WAS...
THE BORROWERS. The Borrowers may incur, without duplication:
THE BORROWERS. (1) The Borrowers assure that the Pupil is registered at the following school in the Xxxxxx- xxxx city area at the time of signing this contract: School, form:
THE BORROWERS. (a) Have failed to make certain principal and interest payments due on the Loans on December 31, 2013, January 31, 2014, February 3, 2014 and at any other time due on or before February 28, 2014, pursuant to Sections 2.2(b), 2.2(c) and 2.14 of the Credit Agreement;
THE BORROWERS. SIGNED by ) Xx. Xxxxxxxxxxxx Xxxxxxxxxx ) for and on behalf of ) KELSEN SHIPPING CO. ) /s/ Xxxxxxxxxxxx Xxxxxxxxxx of Liberia, in the presence of: ) Attorney-in-fact Witness /s/ Xxxxxxxxxx Xxxxxxxxx Name: Xxxxxxxxxx Xxxxxxxxx Address: 00 Xxxxxxxx Xxxxxxxxxx Xxxxxx, Xxxxxxx, Xxxxxx Occupation: Attorney-at-Law SIGNED by ) Xx. Xxxxxxxxxxxx Xxxxxxxxxx ) for and on behalf of ) XXXXXX SHIPPING CO. ) /s/ Xxxxxxxxxxxx Xxxxxxxxxx of Liberia, in the presence of: ) Attorney-in-fact Witness /s/ Xxxxxxxxxx Xxxxxxxxx Name: Xxxxxxxxxx Xxxxxxxxx Address: 00 Xxxxxxxx Xxxxxxxxxx Xxxxxx, Xxxxxxx, Xxxxxx Occupation: Attorney-at-Law THE NEW CORPORATE GUARANTOR SIGNED by ) Xx. Xxxxxxxxxxxx Xxxxxxxxxx ) for and on behalf of ) COSTAMARE INC., ) /s/ Xxxxxxxxxxxx Xxxxxxxxxx of the Xxxxxxxx Islands, in the presence of: ) Attorney-in-fact Witness /s/ Xxxxxxxxxx Xxxxxxxxx Name: Xxxxxxxxxx Xxxxxxxxx Address: 00 Xxxxxxxx Xxxxxxxxxx Xxxxxx, Xxxxxxx, Xxxxxx Occupation: Attorney-at-Law THE MANAGER SIGNED by ) Xx. Xxxxxxxxxxxx Xxxxxxxxxx ) for and on behalf of ) COSTAMARE SHIPPING COMPANY S.A., ) /s/ Xxxxxxxxxxxx Xxxxxxxxxx of Panama, in the presence of: ) Attorney-in-fact Witness /s/ Xxxxxxxxxx Xxxxxxxxx Name: Xxxxxxxxxx Xxxxxxxxx Address: 13 Defteras Xxxxxxxxxx Xxxxxx 000 00 Xxxxxxx, Xxxxxx Occupation: Attorney-at-Law THE BANK SIGNED by ) Xx. Xxxxxxxxx Xxxxxxxx and ) /s/ Xxxxxxxxx Xxxxxxxx Xx. Xxxxxxxxxxxx Xxxxxx ) Attorney-in-fact for and on behalf of ) ALPHA BANK A.E. ) /s/ Xxxxxxxxxxxx Xxxxxx in the presence of: Attorney-in-fact Witness /s/ Xxxxxxxxxx Xxxxxxxxx Name: Xxxxxxxxxx Xxxxxxxxx Address: 13 Defteras Xxxxxxxxxx Xxxxxx 000 00 Xxxxxxx, Xxxxxx Occupation: Attorney-at-Law
THE BORROWERS. Each Borrower agrees that the representations and warranties made by, and the liabilities, obligations, and covenants of and applicable to any of, any two of, or all of the Borrowers under this Agreement, shall in every case (whether or not specifically so stated in each such case herein) be joint and several. Every notice by or to any Borrower shall be deemed also to constitute notice by and to the other Borrowers, every act or omission by any Borrower also shall be binding upon the other Borrowers, and the Administrative Agent, the Collateral Agent, the Issuing Bank, , the Documentation Agent and the Lenders are fully authorized by each Borrower to act and rely also upon the representations and warranties, covenants, notices, acts, and omissions of the other Borrowers.
THE BORROWERS. 1.1 A copy of each Borrower’s constitutional documents or confirmation that there have been no changes to the constitutional documents delivered to the Issuing Bank on 6 October 2009.
THE BORROWERS. REPRESENTATIVE -----------------------------
THE BORROWERS. SOUTHWEST CONVENIENCE STORES, LLC,as a Borrower and a Credit Party By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx OsterTitle: Vice President SKINNY'S, LLC, as a Borrower and a Credit Party By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx OsterTitle: Vice President THE SUBSIDIARY GUARANTOR: GTS LICENSING COMPANY, INC., as a Subsidiary Guarantor and a Credit Party By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx OsterTitle: Vice President THE ADMINISTRATIVE AGENT AND THE LENDERS: XXXXX FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent and a Lender By: /s/ X.X. Xxxxxxxx Name: X.X. Xxxxxxxx Title: Senior Vice President BANK LEUMI USA, as a Lender By: /s/ Xx. Xxxxx Xxxxxx Name: Xx. Xxxxx Xxxxxx Title: First Vice President
THE BORROWERS the Lenders and the Agent are parties to that certain Loan and Security Agreement, dated as of June 17, 2004 (the "Pre-Petition Loan Agreement"), pursuant to the terms and conditions of which the Lenders have made available to the Borrowers a revolving credit facility in an aggregate amount of up to $60,000,000 (including a letter of credit subline in an aggregate amount of up to $40,000,000).
