and Agent expressly agrees and acknowledges that neither Agent nor any other Lender (i) makes any representation or warranty as to the accuracy of any Report, and (ii) shall not be liable for any information contained in any Report;
and Agent. If such Guarantor(s) and Agent do not agree, the referee shall be selected by the Presiding Judge of the Court (or his or her representative). A request for appointment of a referee may be heard on an ex parte or expedited basis, and Guarantors and Agent agree that irreparable harm would result if ex parte relief is not granted. The referee shall be appointed to sit with all the powers provided by law. Pending appointment of the referee, the Court has power to issue temporary or provisional remedies.
and Agent. 9. The Borrower and FNB-O hereby agree that the following definition in Section I of the Agreement shall be amended to read as follows:
and Agent. Borrower promises to pay interest on the unpaid principal amount of each Loan from the date of such Loan until such principal amount is paid in full, at such interest rates and at such times as provided in the Agreement. All payments of principal and interest shall be made to Agent for the account of Lender in Dollars in immediately available funds at Agent's Office located at 000 X. Xxxxx Street, Charlotte, NC 28255. If any amount is not paid in full when due hereunder, such unpaid amount shall bear interest, to be paid upon demand, from the due date thereof until the date of actual payment (and before as well as after judgment) computed at the per annum rate set forth in the Agreement. This Note is one of the Notes referred to in the Agreement, is entitled to the benefits thereof and may be prepaid in whole or in part subject to the terms and conditions provided therein. This Note is also entitled to the benefits of the Guaranty and is secured by the Collateral. Upon the occurrence and continuation of one or more of the Events of Default specified in the Agreement, all amounts then remaining unpaid on this Note shall become, or may be declared to be, immediately due and payable all as provided in the Agreement. Loans made by Lenders shall be evidenced by one or more loan accounts or records maintained by Lenders in the ordinary course of business. Agent may also attach schedules to this Note and endorse thereon the date, amount and maturity of Lenders' Loans and payments with respect thereto. Borrower, for itself, its successors and assigns, hereby waives diligence, presentment, protest and demand and notice of protest, demand, dishonor and non-payment of this Note. THIS NOTE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TENNESSEE. SCB COMPUTER TECHNOLOGY, INC., a Tennessee corporation By: --------------------------------------------------------- Name: ------------------------------------------------------- Title: ------------------------------------------------------ NATIONAL SYSTEMS & RESEARCH CO., a Colorado corporation By: --------------------------------------------------------- Name: ------------------------------------------------------- Title: ------------------------------------------------------ REMTECH SERVICES, INC., a Virginia corporation By: --------------------------------------------------------- Name: ------------------------------------------------------- Title: ------------------------------------------...
and Agent. Pursuant to the terms of the Loan Agreement, Lenders have heretofore made and may from time to time hereafter make loans and other extensions of credit to Borrowers, which loans and extensions of credit directly and indirectly benefit all Borrowers. As security for the repayment by Borrowers of such loans and other extensions of credit, each Borrower has granted or will hereafter grant to Agent, for its benefit and the benefit of Lenders, a security interest in substantially all of such Borrower's personal property, including all of such Borrower's Inventory (as hereinafter defined) and all proceeds thereof. Pursuant to the terms of [Name and date of Trade Creditor's Security Agreement] (as amended to date and as the same may be further amended, restated, modified or supplemented from time to time, the "Trade Security Agreement"), each Borrower has granted or may hereafter grant to Trade Creditor a security interest in all Inventory (as hereinafter defined) consisting of tires sold to such Borrower by Trade Creditor and bearing any brand name or trademark used by Trade Creditor now or in the future (such Inventory is referred to herein as "Branded Inventory"). Borrowers have requested that Lenders extend credit to or for the benefit of Borrowers based, in part, on the value of Branded Inventory, which extensions of credit will directly and indirectly benefit Trade Creditor. As an inducement to Lenders to so extend credit, Borrowers and Trade Creditor have agreed to enter into this Agreement with Agent for the purpose of establishing the priorities of Trade Creditor's and Agent's respective liens in the Branded Inventory and to set forth certain other agreements between Trade Creditor and Agent. Accordingly, in consideration of the foregoing premises, the mutual covenants and conditions herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby expressly acknowledged, the parties hereto, intending to be bound hereby, agree as follows:
and Agent concurrently receives all mandatory prepayments with respect thereto, if any, and (iv) if approved, authorized or ratified in writing by Required Lenders, subject to Section 14.10. Upon request by Agent at any time, Lenders will confirm in writing Agent's authority to release any Restricted Company from its Guaranty under this Section 13.9(f).
