Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein.
Appears in 276 contracts
Sources: Debt and Security Agreement, Loan Agreement, Loan and Security Agreement (LSB Industries Inc)
Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein; provided, that to the extent that the Code is used to define any term herein and such term is defined differently in different Articles of the Code, the definition of such term contained in Article 9 of the Code shall govern.
Appears in 198 contracts
Sources: Credit Agreement (EquipmentShare.com Inc), Credit Agreement (EquipmentShare.com Inc), Credit Agreement (Hudson Technologies Inc /Ny)
Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein; provided, however, that to the extent that the Code is used to define any term herein and such term is defined differently in different Articles of the Code, the definition of such term contained in Article 9 of the Code shall govern.
Appears in 133 contracts
Sources: Credit Agreement (Sanfilippo John B & Son Inc), Credit Agreement (Advanced Micro Devices Inc), Credit Agreement (Sanfilippo John B & Son Inc)
Code. Any terms used in this Agreement that which are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein.
Appears in 39 contracts
Sources: Loan and Security Agreement (Angel Oak Mortgage, Inc.), Loan and Security Agreement (InPoint Commercial Real Estate Income, Inc.), Loan Agreement (Iron Bridge Mortgage Fund LLC)
Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein; provided, however, that to the extent that the Code is used to define any term herein and such term is defined differently in different Articles of the Code, the definition of such term contained in Article 9 shall govern.
Appears in 36 contracts
Sources: Loan and Security Agreement (Freshpet, Inc.), Loan and Security Agreement (Freshpet, Inc.), Loan and Security Agreement (Freshpet, Inc.)
Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein, provided, however, that to the extent that the Code is used to define any term herein and such term is defined differently in different Articles of the Code, the definition of such term contained in Article 9 shall govern.
Appears in 21 contracts
Sources: Loan and Security Agreement (Atlanticus Holdings Corp), Loan and Security Agreement (Atlanticus Holdings Corp), Loan and Security Agreement (Evergreen Holdings Inc)
Code. Any terms used in this Agreement that which are defined in the Code shall be construed and defined as set forth in the Code Code, unless otherwise defined herein.
Appears in 19 contracts
Sources: Modification Agreement (SPAR Group, Inc.), Loan and Security Agreement (Polar Power, Inc.), Loan and Security Agreement (Optical Cable Corp)
Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein. The meaning of any term defined herein by reference to the Code will not be limited by reason of any limitation set forth on the scope of the Code, whether under Section 9-109 of the Code, by reason of federal preemption or otherwise.
Appears in 16 contracts
Sources: Credit and Security Agreement (IES Holdings, Inc.), Purchase Money Loan and Security Agreement (SAExploration Holdings, Inc.), Credit and Security Agreement (SAExploration Holdings, Inc.)
Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein; provided that to the extent that the Code is used to define any term herein and such term is defined differently in different Articles of the Code, the definition of such term contained in Article 9 of the Code shall govern.
Appears in 14 contracts
Sources: Credit Agreement (Canopy Growth Corp), Credit Agreement (Acreage Holdings, Inc.), Credit Agreement (Jushi Holdings Inc.)
Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein; provided however, that to the extent that the Code is used to define any term herein and such term is defined differently in different Articles of the Code, the definition of such term contained in Article 9 shall govern.
Appears in 10 contracts
Sources: Loan and Security Agreement (LAGO Evergreen Credit), Loan and Security Agreement (Horizon Technology Finance Corp), Loan and Security Agreement (Horizon Technology Finance Corp)
Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth from time to time in the Code unless otherwise defined herein.
Appears in 9 contracts
Sources: Subordination Agreement (American Greetings Corp), Loan and Security Agreement (Harolds Stores Inc), Loan and Security Agreement (Fao Inc)
Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein; provided, that, to the extent that the Code is used to define any term herein and such term is defined differently in different Articles of the Code, the definition of such term contained in Article 9 of the Code shall govern.
Appears in 6 contracts
Sources: Credit Agreement (Seventy Seven Energy Inc.), Credit Agreement (Seventy Seven Energy Inc.), Credit Agreement (Unifi Inc)
Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth from time to time in the Code unless otherwise defined herein, with the term “instrument” being that defined under Article 9 of the Code.
Appears in 5 contracts
Sources: Loan and Security Agreement (West Marine Inc), Loan and Security Agreement (West Marine Inc), Loan and Security Agreement (West Marine Inc)
Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein; PROVIDED, HOWEVER, that to the extent that the Code is used to define any term herein and such term is defined differently in different Articles of the Code, the definition of such term contained in Article 9 of the Code shall govern.
Appears in 4 contracts
Sources: Credit Agreement (WHX Corp), Credit Agreement (WHX Corp), Credit Agreement (WHX Corp)
Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein; provided that, to the extent the Code is used to define any term herein and such term is defined differently in different Articles of the Code, the definition of such term contained in Article 9 of the Code shall govern.
Appears in 4 contracts
Sources: Credit Agreement (Vector Group LTD), Credit Agreement (Vector Group LTD), Credit Agreement (Vector Group LTD)
Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code Code, as it is amended from time to time, unless otherwise defined herein.
Appears in 4 contracts
Sources: Loan Agreement (Prospect Acquisition Corp), Loan Agreement (Prospect Acquisition Corp), Loan Agreement (Kennedy Wilson Inc)
Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein; provided however, that to the extent that the Code is used to define any term herein and such term is defined differently in different Articles of the Code, the definition of such term contained in Article 9 of the Code shall govern.
Appears in 4 contracts
Sources: Loan and Security Agreement (Hercules Capital, Inc.), Loan and Security Agreement (Hercules Capital, Inc.), Loan and Security Agreement (Hercules Capital, Inc.)
Code. Any terms used in this Agreement that Agreement, which are defined in the Code Code, shall be construed and defined as set forth in the Code unless otherwise defined herein.
Appears in 4 contracts
Sources: Loan and Security Agreement (Lee Pharmaceuticals), Loan and Security Agreement (Star Scientific Inc), Secured Revolving Credit and Letter of Credit Facility (Digital Recorders Inc)
Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein, provided, however, that to the extent that the Code is used to define any term herein and such term is defined differently in different Divisions of the Code, the definition of such term contained in Article 9 shall govern.
Appears in 4 contracts
Sources: Second Lien Credit Agreement (Bakers Footwear Group Inc), Second Lien Credit Agreement (Bakers Footwear Group Inc), Credit Agreement (Emrise CORP)
Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein. All Code definitions referenced in Section 1.1 or this Section 1.3 are incorporated herein by reference.
Appears in 2 contracts
Sources: Revolving Loan and Security Agreement (Reis, Inc.), Loan and Security Agreement (Reis, Inc.)
Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein.; provided that to the extent that the
Appears in 1 contract
Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein.; provided that, to the extent that the
Appears in 1 contract
Sources: Credit Agreement (Unifi Inc)
Code. Any terms used in this Agreement that which are defined in ---- the Code shall be construed and defined as set forth in the Code unless otherwise defined herein.
Appears in 1 contract
Code. Any terms used in this Agreement that are defined in the Code ---- shall be construed and defined as set forth in the Code unless otherwise defined herein.
Appears in 1 contract
Sources: Loan and Security Agreement (System Software Associates Inc)
Code. Any terms used in this Agreement that which are defined ---- in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein.
Appears in 1 contract
Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein.; provided, that to the
Appears in 1 contract
Sources: Credit Agreement (Nautilus, Inc.)