Common use of Certifications From Banks and Participants; USA PATRIOT Act Clause in Contracts

Certifications From Banks and Participants; USA PATRIOT Act. Each Lender or assignee or participant of a Lender that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA PATRIOT Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to Agent the certification, or, if applicable, recertification, certifying that such Lender is not a “shell” and certifying to other matters as required by Section 313 of the USA PATRIOT Act and the applicable regulations: (1) within ten (10) days after the Closing Date, and (2) as such other times as are required under the USA PATRIOT Act. 115 Each of the parties has signed this Agreement as of the day and year first above written. PERMA-FIX ENVIRONMENTAL SERVICES, INC By: /s/ Xxx Xxxxxxxxx Name: Xxx Xxxxxxxxx Title CFO PERMA-FIX ENVIRONMENTAL as Lender and as Agent By: /s/Alex Council Name: Alex Council Title Vice President Commitment Percentage: 100%

Appears in 1 contract

Samples: Security Agreement (Perma Fix Environmental Services Inc)

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Certifications From Banks and Participants; USA PATRIOT Act. Each Lender or assignee or participant of a Lender that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA PATRIOT Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to the Agent the certification, or, if applicable, recertification, certifying that such Lender is not a “shell” and certifying to other matters as required by Section 313 of the USA PATRIOT Act and the applicable regulations: (1) within ten (10) 10 days after the Closing Date, and (2) as such other times as are required under the USA PATRIOT Act. 115 Each of the parties has signed this Agreement as of the day and year first above written. PERMA-FIX ENVIRONMENTAL SERVICES, INC GREEN PLAINS TRADE GROUP LLC By: /s/ Xxx Xxxxxxxxx Xxxxx X. Xxxxxx Name: Xxx Xxxxxxxxx Title CFO PERMA-FIX ENVIRONMENTAL Xxxxx X. Xxxxxx Title: Chief Financial Officer PNC BANK, NATIONAL ASSOCIATION, as Lender and as Agent By: /s/Alex Council /s/ Xxx Xxxxxx Name: Alex Council Title Xxx Xxxxxx Title: Vice President Commitment Percentage: 100%

Appears in 1 contract

Samples: Security Agreement (Green Plains Renewable Energy, Inc.)

Certifications From Banks and Participants; USA PATRIOT Act. Each Lender or assignee or participant of a Lender that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA PATRIOT Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to the Agent the certification, or, if applicable, recertification, certifying that such Lender is not a “shell” and certifying to other matters as required by Section 313 of the USA PATRIOT Act and the applicable regulations: (1) within ten (10) 10 days after the Closing Date, and (2) as such other times as are required under the USA PATRIOT Act. 115 105 Each of the parties has signed this Agreement as of the day and year first above written. PERMA-FIX ENVIRONMENTAL SERVICESRAND WORLDWIDE U.S. HOLDINGS, INC INC. By: /s/ Xxx Xxxxxxxxx Name: Xxx Xxxxxxxxx Title CFO PERMA-FIX ENVIRONMENTAL Title: RAND A TECHNOLOGY CORPORATION By: Name: Title: RAND TECHNOLOGIES OF MICHIGAN, INC. By: Name: Title: RAND IMAGINIT TECHNOLOGIES, INC. By: Name: Title: PNC BANK, NATIONAL ASSOCIATION, as Lender and as Agent By: /s/Alex Council Name: Alex Council Title Vice President Title: Commitment Percentage: 100%

Appears in 1 contract

Samples: Security Agreement (Avatech Solutions Inc)

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Certifications From Banks and Participants; USA PATRIOT Act. Each Lender or assignee or participant of a Lender that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA PATRIOT Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to Agent the certification, or, if applicable, recertification, certifying that such Lender is not a “shell” and certifying to other matters as required by Section 313 of the USA PATRIOT Act and the applicable regulations: (1) within ten (10) days after the Closing Date, and (2) as such other times as are required under the USA PATRIOT Act. 115 Each of the parties has signed this Agreement as of the day and year first above written. PERMA-FIX ENVIRONMENTAL SERVICES, INC INC. By: /s/ /s/Xxx Xxxxxxxxx Name: Xxx Xxxxxxxxx Title Title: CFO PERMA-FIX ENVIRONMENTAL PNC BANK, NATIONAL ASSOCIATION, as Lender and as Agent By: /s/Alex Council Name: Alex Council Title Title: Vice President Commitment Percentage: 100%

Appears in 1 contract

Samples: Security Agreement (Perma Fix Environmental Services Inc)

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