Bank of America. As a Lender, Bank of America shall have the same rights and remedies under the other Loan Documents as any other Lender, and the terms “Lenders,” “Required Lenders” or any similar term shall include Bank of America in its capacity as a Lender. Each of Bank of America and its Affiliates may accept deposits from, maintain deposits or credit balances for, invest in, lend money to, provide Bank Products to, act as trustee under indentures of, serve as financial or other advisor to, and generally engage in any kind of business with, Obligors and their Affiliates, as if Bank of America were any other bank, without any duty to account therefor (including any fees or other consideration received in connection therewith) to the other Lenders. In their individual capacity, Bank of America and its Affiliates may receive information regarding Obligors, their Affiliates and their Account Debtors (including information subject to confidentiality obligations), and each Secured Party agrees that Bank of America and its Affiliates shall be under no obligation to provide such information to any Secured Party, if acquired in such individual capacity and not as Collateral Agent or Documentation Agent hereunder.
Bank of America. Upon the consummation of the Offer, --------------- Purchaser shall (i) pay in full the Indebtedness owed by the Company to Bank of America, National Association ("Bank of America") under that certain Credit Agreement, dated March 11, 1998, between the lenders party thereto and the Company, as amended, or (ii) have obtained from Bank of America a waiver of the default thereunder caused by the consummation of the Offer.
Bank of America. The Company shall, no later than the business day immediately after the Closing Date, (i) use a portion of the proceeds received from the Investor from the sale of the Convertible Note to pay in full all of the principal and interest accrued thereon outstanding pursuant to the Promissory Note, dated October 4, 2007, made by the Company in favor of Bank of America, N.A., as well as any and all other obligations of the Company thereunder, (ii) take all actions reasonably necessary to terminate the facility pursuant to which such Promissory Note was issued; provided, however, that if advance notice of such termination must be provided to Bank of America, N.A., the delivery of such notice no later than the business day immediately after the Closing Date shall satisfy the requirements of the Company under this Section 5.07(ii), provided the Company continues to take all actions reasonably necessary to so terminate, and (iii) provide the Investor with reasonably satisfactory evidence of such payment and termination.
Bank of America. The Borrower will receive the consent of Bank of America, N.A. to enter into this Agreement and consummate the transactions contemplated hereby. The Borrower, the Senior Lender and Agent will enter into the Senior Loan Subordination Agreement in connection therewith.
Bank of America. The provisions of Section 11 of the Existing Credit Agreement shall inure to the benefit of Bank of America in its capacity as administrative agent under the Existing Credit Agreement with respect to any actions taken or omitted to be taken by it while it was acting as administrative agent under the Existing Credit Agreement. In addition, Bank of America, in its capacity as Syndication Agent under this Agreement, shall have all the benefits and immunities provided to the Administrative Agent in this Section 11 with respect to any acts taken or omissions suffered by the Syndication Agent which are permitted to be taken by it, or omitted to be taken by it, as provided for in this Agreement, in each case as fully as if the term "Administrative Agent" included the Syndication Agent with respect to such acts or omissions.
Bank of America. Buyer hereby acknowledges that the Property is encumbered by a deed of trust in favor of Bank of America NT&SA ("Bank of America"). The sale of the Property from Seller to Buyer is contingent upon the approval of such sale in accordance with the terms and conditions of this Agreement by Bank of America, a full and unconditional release of Seller by Bank of America, on term and conditions satisfactory to Seller in its reasonable discretion, from any and all liability, including, without limitation, any deficiency resulting from the difference between the amount of the encumbrance represented by the deed of trust and the "Purchase Price" (as hereinafter defined) and a full reconveyance of said deed of trust as it relates to the Property;
Bank of America. You shall have reviewed and approved the financial covenants and reporting requirements of the Bank of America revolving line of credit facility with Borrower.
Bank of America. As defined in the preamble hereto. Base Rate. For any day a fluctuating rate per annum equal to the highest of (a) the Federal Funds Rate plus 1/2 of 1%, (b) the rate of interest in effect for such day as publicly announced from time to time by Bank of America as its “prime rate,” and (c) the Eurocurrency Rate plus 1.00%. The “prime rate” is a rate set by Bank of America based upon various factors including Bank of America’s costs and desired return, general economic conditions and other factors, and is used as a reference point for pricing some loans, which may be priced at, above, or below such announced rate. Any change in such prime rate announced by Bank of America shall take effect at the opening of business on the day specified in the public announcement of such change.
Bank of America. After the date hereof, all references to the term "Fleet National Bank" shall be amended to mean "Bank of America, N.A., successor by merger to Fleet National Bank."
Bank of America. Each and every reference in the Agreement to "NationsBank" shall be deemed a reference to "Bank of America."