Designated Bank. The parties to each such designation shall execute and deliver to the Administrative Agent for its acceptance a Designation Agreement. Upon such receipt of an appropriately completed Designation Agreement executed by a Designating Lender and a designee representing that it is a Designated Bank, the Administrative Agent will accept such Designation Agreement and will give prompt notice thereof to the Borrower, whereupon, (i) the Borrower shall execute and deliver to the Designating Bank a Designated Bank Note payable to the order of the Designated Bank, (ii) from and after the effective date specified in the Designation Agreement, the Designated Bank shall become a party to this Agreement with a right to make Money Market Loans on behalf of its Designating Lender pursuant to Section 2.2 after the Borrower has accepted a Money Market Loan (or portion thereof) of the Designating Lender, and (iii) the Designated Bank shall not be required to make payments with respect to any obligations in this Agreement except to the extent of excess cash flow of such Designated Bank which is not otherwise required to repay obligations of such Designated Bank which are then due and payable; provided, however, that regardless of such designation and assumption by the Designated Bank, the Designating Lender shall be and remain obligated to the Borrower, the Administrative Agent, the Arrangers, the Co-Agents and the other Lenders for each and every of the obligations of the Designating Lender and its related Designated Bank with respect to this Agreement, including, without limitation, any indemnification obligations under Section 12.5 hereof and any sums otherwise payable to the Borrower by the Designated Bank. Each Designating Lender shall serve as the administrative agent of the Designated Bank and shall on behalf of, and to the exclusion of, the Designated Bank: (i) receive any and all payments made for the benefit of the Designated Bank and (ii) give and receive all communications and notices and take all actions hereunder, including, without limitation, votes, approvals, waivers, consents and amendments under or relating to this Agreement and the other Loan Documents. Any such notice, communication, vote, approval, waiver, consent or amendment shall be signed by the Designating Lender as administrative agent for the Designated Bank and shall not be signed by the Designated Bank on its own behalf but shall be binding on the Designated Bank to the same extent as if actually ...
Designated Bank. Each Party shall designate a bank in a location reasonably acceptable to the other Party for payments under this Agreement, not less than thirty (30) Days before any designation or redesignation is to be effective.
Designated Bank. A special purpose entity that (i) shall have become a party to this Agreement pursuant to §18.10, and (ii) is not otherwise a Lender.
Designated Bank. Nominee (name in which the Shares and Warrants are to be registered, Name if different than name of Purchaser): ABA # Street Address (Nominee's Name) City State Zip Code Account Number Attention SECURITIES PURCHASE AGREEMENT FOR SHARES OF SERIES A PREFERRED STOCK AND WARRANTS PURCHASER SIGNATURE PAGE Accepted and agreed as of the Aggregate Amount of date first written above: Shares of Series A Preferred Stock to be Purchased: 400 Aggregate Amount of Name: DLJ Capital Corp. Warrants to be Purchased: 100,000 By: /s/ XXXXXXXX XXXXX -------------------- Name: Xxxxxxxx Xxxxx Title: Secretary Address: 000 Xxxx Xxxxxx Xxx Xxxx, XX 00000 Telephone: 000-000-0000 Telecopy: 212-892-5978 WITH A COPY TO: Address: Xx Xxxxxxx Tax I.D. Number: 00-0000000 DLJ 000 Xxxx Xxxxxx (if acquired in the name of a Xxx Xxxx, XX 00000 nominee, the taxpayer I.D. number of such nominee) Telephone: 000-000-0000 Telecopy: 212-892-5978 Designated Bank: Nominee (name in which the Shares and Warrants are to be registered, Name Citibank, NA if different than name of ----------------------- Purchaser): ABA # 000-000-000 ---------------------- Street Address (Nominee's Name) New York, NY --------------------------- City State Zip Code 3889-6041 Ed Poletts --------------------------- Account Number Attention F/F/C: DLJ Capital Corp. 275-187367 SECURITIES PURCHASE AGREEMENT FOR SHARES OF SERIES A PREFERRED STOCK AND WARRANTS PURCHASER SIGNATURE PAGE Accepted and agreed as of the Aggregate Amount of date first written above: Shares of Series A Preferred Stock to be Purchased: 200 Aggregate Amount of Name: Castlerock Partners Warrants to be Purchased: 50,000 By: /s/ XXXX X. XXXXXX -------------------- Name: Xxxx X. Xxxxxx Title: General Partner Address: Castlerock Partners 000 Xxxx Xxx. Xxx Xxxx, XX 00000 Telephone: 000-0000 Telecopy: WITH A COPY TO:
Designated Bank. Nominee (name in which the Shares and Warrants are to be registered, Name if different than name of Purchaser): ABA # Street Address (Nominee's Name) City State Zip Code Account Number Attention
Designated Bank. Nominee (name in which the Shares and Warrants are to be registered, Name if different than name of Purchaser): ABA # Street Address (Nominee's Name) City State Zip Code Account Number Attention SECURITIES PURCHASE AGREEMENT FOR SHARES OF SERIES A PREFERRED STOCK AND WARRANTS PURCHASER SIGNATURE PAGE Accepted and agreed as of the Aggregate Amount of date first written above: Shares of Series A Preferred Stock to be Purchased: 295 Aggregate Amount of Name: Xxxxx Xxxxx Warrants to be Purchased: 73,750 By: /s/ XXXXX XXXXX ------------------- Name: Title: Address: 00000 Xxxx Xxxxxx Xxxx Xxxxxx, XX 00000 Telephone: 000-000-0000 Telecopy: 000-000-0000 WITH A COPY TO:
Designated Bank. Address ---------------------------- ABA No. ---------------------------- Account No. ------------------------ Attention -------------------------- EACH INVESTOR EXECUTING THESE PURCHASE AGREEMENT SIGNATURE PAGES ON BEHALF OF ONE OR MORE MANAGED ACCOUNTS SHOULD PROVIDE THE NAME OF, AND FOREGOING INFORMATION WITH RESPECT TO, EACH SUCH MANAGED ACCOUNT. ESCROW AGENT SIGNATURE PAGE
Designated Bank. The parties to each such designation shall execute and deliver to the Agent for its acceptance a 108
Designated Bank. The Borrower, the Administrative Agent, the Arrangers, Co-Agents and Lenders may rely thereon without any requirement that the Designated Bank sign or acknowledge the same. No Designated Bank may assign or transfer all or any portion of its interest hereunder or under any other Loan Document, other than assignments to the Designating Lender which originally designated such Designated Bank or otherwise in accordance with the provisions of Section 14.1 (b) and (e).
