AND AGREEMENT Sample Clauses

AND AGREEMENT by /s/ Waltxx Xxxxx ----------------- Name: Waltxx Xxxxx Title: Joint General Manager Specify amount of Tranche A Term Loan Commitment to be extended pursuant to Section 1 hereof: $ 4,000,000.00 ------------- by /s/ Waltxx Xxxxx ----------------- Name: Waltxx Xxxxx Title: Joint General Manager SIGNATURE PAGE TO AMENDMENT NO. 4 AND AGREEMENT dated July 27, 2000 Name of Institution: MICHIGAN NATIONAL BANK To approve Amendment No. 4 and Agreement: by /s/ Lisa X. XxXxxxxx --------------------- Name: Lisa X. XxXxxxxx Title: Vice President Specify amount of Tranche A Term Loan Commitment to be extended pursuant to Section 1 hereof: $ 7,353,333.00 ------------- by /s/ Lisa X. XxXxxxxx --------------------- Name: Lisa X. XxXxxxxx Title: Vice President SIGNATURE PAGE TO AMENDMENT NO. 4 AND AGREEMENT dated July 27, 2000 Name of Institution: INDOSUEZ CAPITAL FUNDING IIA, LIMITED By: Indosuez Capital as Portfolio Advisor To approve Amendment No. 4 and Agreement: by /s/ Melixxx Xxxxxx ------------------- Name: Melixxx Xxxxxx Title: Vice President Specify amount of Tranche A Term Loan Commitment to be extended pursuant to Section 1 hereof: $ by Name: Title: SIGNATURE PAGE TO AMENDMENT NO. 4 AND AGREEMENT dated July 27, 2000 Name of Institution: INDOSUEZ CAPITAL FUNDING III, LIMITED By: Indosuez Capital as Portfolio Advisor To approve Amendment No. 4 and Agreement: by /s/ Melixxx Xxxxxx ------------------- Name: Melixxx Xxxxxx Title: Vice President Specify amount of Tranche A Term Loan Commitment to be extended pursuant to Section 1 hereof: $ by Name: Title: SIGNATURE PAGE TO AMENDMENT NO. 4 AND AGREEMENT dated July 27, 2000 Name of Institution: NATIONAL CITY BANK To approve Amendment No. 4 and Agreement: by /s/ John X. XxXxxxxxxxx ------------------------ Name: John X. XxXxxxxxxxx Title: Vice President Specify amount of Tranche A Term Loan Commitment to be extended pursuant to Section 1 hereof: $ 2,833,333.34 ------------- by /s/ John X. XxXxxxxxxxx ------------------------ Name: John X. XxXxxxxxxxx Title: Vice President SIGNATURE PAGE TO AMENDMENT NO. 4 AND AGREEMENT dated July 27, 2000 Name of Institution: IBJ WHITEHALL BANK & TRUST COMPANY To approve Amendment No. 4 and Agreement: by
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AND AGREEMENT. Each such notice shall specify (i) the date (each, an “Increase Effective Date”) on which Borrower proposes that the increased or new Commitments shall be effective, which shall be a date not less than 10 Business Days after the date on which such notice is delivered to the Administrative Agent and (ii) the identity of each Eligible Assignee to whom Borrower proposes any portion of such increased or new Commitments be allocated and the amounts of such allocations; provided that any existing Lender approached to provide all or a portion of the increased or new Commitments may elect or decline, in its sole discretion, to provide such increased or new Commitment.
AND AGREEMENT. (a) This Amendment shall become effective as of the date hereof (the “Amendment No. 1 and Agreement Effective Date”) when, and only when, each of the following conditions precedent shall have been (or is or will be substantially concurrently therewith) satisfied or waived by the Administrative Agent:
AND AGREEMENT. This Agreement will become effective upon its ratification by the PEA and the Board. It may be amended by mutual consent of both parties. A meeting to negotiate such amendment proposals shall be held not more than thirty (30) days following a written request for such meeting by either party. Negotiations shall be conducted in accordance with the procedures in this Agreement, but such amendment proposals shall not be permitted during the negotiations period defined in Paragraphs B of Article III, above, except by mutual consent of both parties.
AND AGREEMENT. In consideration of the foregoing and the mutual representations, warranties, covenants and agreements contained herein and in the SPA, as well as other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the Shareholder undertakes, and the Parties agree, as follows:
AND AGREEMENT by /s/ Chrixxxxxxx X. Xxxxx ------------------------------------ Name: Chrixxxxxxx X. Xxxxx Title: Partner Specify amount of Revolving Credit Commitment increase representing rollover of existing Tranche A Term Loan Commitment: $0 -- Specify amount of Revolving Credit Commitment increase in excess of existing Tranche A Term Loan Commitment (or, if not an existing Revolving Credit Lender, amount of Revolving Credit Commitment to be provided): $0 -- Total amount of increase in Revolving Credit Commitment: $0 == by /s/ Chrixxxxxxx X. Xxxxx ------------------------------------ Name: Chrixxxxxxx X. Xxxxx Title: Partner SIGNATURE PAGE TO AMENDMENT NO. 5 AND AGREEMENT dated August 15, 2000 Name of Institution: ML CLO XII PILGRIM AMERICA (CAYMAN), LTD By: PILGRIM INVESTMENTS, INC. AS ITS INVESTMENT MANAGER To approve Amendment No. 5 and Agreement: by /s/ Mark X. Xxxx ------------------------------------ Name: Mark X. Xxxx Title: Assistant Vice President Specify amount of Revolving Credit Commitment increase representing rollover of existing Tranche A Term Loan Commitment: $ N/A ----- Specify amount of Revolving Credit Commitment increase in excess of existing Tranche A Term Loan Commitment (or, if not an existing Revolving Credit Lender, amount of Revolving Credit Commitment to be provided): $ N/A ----- Total amount of increase in Revolving Credit Commitment: $ N/A ===== by /s/ Mark X. Xxxx ------------------------------------ Name: Mark X. Xxxx Title: Assistant Vice President
AND AGREEMENT by /s/ Mark X. Xxxd ----------------------------------- Name: Mark X. Xxxd Title: Managing Director by /s/ Richxxx X. Xxxxx ----------------------------------- Name: Richxxx X. Xxxxx Title: Vice President Specify amount of Revolving Credit Commitment increase representing rollover of existing Tranche A Term Loan Commitment: $ Specify amount of Revolving Credit Commitment increase in excess of existing Tranche A Term Loan Commitment (or, if not an existing Revolving Credit Lender, amount of Revolving Credit Commitment to be provided): $ Total amount of increase in Revolving Credit Commitment: $ by ------------------------------------ Name: Title:
AND AGREEMENT by /s/ Davix Xxxx ------------------------------------ Name: Davix Xxxx Title: Director Specify amount of Revolving Credit Commitment increase representing rollover of existing Tranche A Term Loan Commitment: $ Specify amount of Revolving Credit Commitment increase in excess of existing Tranche A Term Loan Commitment (or, if not an existing Revolving Credit Lender, amount of Revolving Credit Commitment to be provided): $ Total amount of increase in Revolving Credit Commitment: $ by ------------------------------------ Name: Title:
AND AGREEMENT by /s/ Mohax X. Xxxxxxxxxx ------------------------------------ Name: Mohax X. Xxxxxxxxxx Title: Vice President Specify amount of Revolving Credit Commitment increase representing rollover of existing Tranche A Term Loan Commitment: $ Specify amount of Revolving Credit Commitment increase in excess of existing Tranche A Term Loan Commitment (or, if not an existing Revolving Credit Lender, amount of Revolving Credit Commitment to be provided): $ Total amount of increase in Revolving Credit Commitment: $ by ------------------------------------ Name: Title:
AND AGREEMENT. BINDING ARBITRATION CONSENT AND AGREEMENT: You and we agree to attempt to informally settle any disputes arising out of, affecting, or relating to your accounts or your relationship with us. If that cannot be done, you and we agree that any claim or dispute between us (“Claim”) that is filed or initiated after the Effective Date (defined below) of this Binding Arbitration Consent and Agreement, even if the Claim arose prior to the Effective Date of this Binding Arbitration Consent and Agreement, that arises out of or relates to this Agreement, your accounts or your use of our products or services shall, at the election of either you or us, be resolved by BINDING ARBITRATION administered by the American Arbitration Association (“AAA”) in accordance with its applicable rules and procedures for consumer disputes (“Rules”), whether such Claim is in contract, tort, statute, or otherwise. The Rules can be obtained on the AAA website free of charge at xxx.xxx.xxx; or, a copy of the Rules can be obtained at any Credit Union branch upon request. AS A RESULT, IF EITHER YOU OR WE ELECT TO RESOLVE A PARTICULAR CLAIM THROUGH ARBITRATION, YOU WILL GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS AGREEMENT (EXCEPT FOR CLAIMS BROUGHT INDIVIDUALLY WITHIN SMALL CLAIMS COURT JURISDICTION, SO LONG AS THE CLAIM REMAINS IN SMALL CLAIMS COURT). This Binding Arbitration Consent and Agreement will be interpreted and enforced in accordance with the Federal Arbitration Act in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claim. You acknowledge that this Binding Arbitration Consent and Agreement does not prevent you from submitting any issue relating to your accounts for review or consideration by a federal, state, or local governmental agency or entity, nor does it prevent such agency or entity seeking relief on your behalf. By consenting to BINDING ARBITRATION, you understand and agree with the following terms: • SELECTION OF ARBITRATOR: If either you or we elect to resolve a Claim through binding arbitration, your rights will be determined by a neutral arbitrator and NOT a judge or jury, in accordance with all applicable laws and Rules. The neutral arbitrator will be selected in accordance with the Rules, and must have experience and knowledge in financial transactions. In the event of a conflict between the Rules and this Binding Arbitration Consent and ...