Bank The Buyer (a) is a national bank or banking institution organized under the laws of any State, territory or the District of Columbia, the business of which is substantially confined to banking and is supervised by the State or territorial banking commission or similar official or is a foreign bank or equivalent institution, and (b) has an audited net worth of at least $25,000,000 as demonstrated in its latest annual financial statements, a copy of which is attached hereto.
The Bank SECTION 1.01. The Bank hereby resigns from its Capacities under the Agreements.
Deposit Account Transactions (a) The Bank or its Subcustodians will make payments from the Deposit Account upon receipt of Instructions which include all information required by the Bank.
COBANK ACB, as Administrative Agent, Collateral Agent, Issuing Bank, and a Lender By: /s/ Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx Vice President [Signatures Continue on Next Page.] [Signatures Continued from Previous Page] FIFTH THIRD BANK, as a Lender By: /s/ Xxxx Xxxxxxx Xxxx Xxxxxxx Managing Director [Signatures Continued from Previous Page] BRANCH BANKING AND TRUST COMPANY, as a Lender By: /s/ Xxxxxx Xxxxxxxx Xxxxxx Xxxxxxxx Banking Officer [Signatures Continue on Next Page.] [Signatures Continued from Previous Page] XXXXXXX BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxx Xxxxx Xxxx Xxxxx Vice President [Signatures Continue on Next Page.] [Signatures Continued from Previous Page] MUFG UNION BANK, N.A., as a Lender By: /s/ Xxxxxxx Xxxx Xxxxxxx Xxxx Director [Signatures Continue on Next Page.] [Signatures Continued from Previous Page] XXXXX BROTHERS XXXXXXXX & CO., as a Lender By: /s/ Xxxx X. Xxxxxx Xxxx X. Xxxxxx Senior Vice President [Signatures Continued from Previous Page] FARM CREDIT BANK OF TEXAS, as a Voting Participant pursuant to Section 9.07(D) of the Credit Agreement By: /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx Vice President [Signatures Continue on Next Page.] [Signatures Continued from Previous Page] AGFIRST FARM CREDIT BANK, as a Voting Participant pursuant to Section 9.07(D) of the Credit Agreement By: /s/ Xxxxx X. Xxxxxxx Xxxxx X. Xxxxxxx Vice President [Signatures Continue on Next Page.] [Signatures Continued from Previous Page] GREENSTONE FARM CREDIT SERVICES, FLCA/ ACA, as a Voting Participant pursuant to Section 9.07(D) of the Credit Agreement By: /s/ Xxxx Xxxxxx Xxxx Xxxxxx Vice President [Signatures Continue on Next Page.] [Signatures Continued from Previous Page] AGSTAR FINANCIAL SERVICES, FLCA, as a Voting Participant pursuant to Section 9.07(D) of the Credit Agreement By: /s/ Xxx Xxxxxx Xxx Xxxxxx Mgr. Agency Desk and Team Leader [Signatures Continue on Next Page.] [Signatures Continued from Previous Page] 1ST FARM CREDIT SERVICES, FLCA, as a Voting Participant pursuant to Section 9.07(D) of the Credit Agreement By: /s/ Xxxx X. Xxxxxxxxxx Xxxx X. Xxxxxxxxxx Vice President, Capital Markets Group [Signatures Continue on Next Page.] [Signatures Continued from Previous Page] UNITED FCS, FLCA, D/B/A FCS COMMERCIAL FINANCE GROUP, as a Voting Participant pursuant to Section 9.07(D) of the Credit Agreement By: /s/ Xxxxxx Xxxxxx Xxxxxx Xxxxxx Vice President [Signatures Continue on Next Page.] [Signatures Continued from Previous Page] FRONTIER FARM CREDIT, ACA, as a Voting Participant pursuant to Section 9.07(D) of the Credit Agreement By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Vice President [Signatures Continued from Previous Page] NORTHWEST FARM CREDIT SERVICES, FLCA, as a Voting Participant pursuant to Section 9.07(D) of the Credit Agreement By: /s/ Xxxxx Xxxxxxx Xxxxx Xxxxxxx Xx. Vice President [Signatures Continue on Next Page.] [Signatures Continued from Previous Page] FARM CREDIT WEST, FLCA, as a Voting Participant pursuant to Section 9.07(D) of the Credit Agreement By: /s/ Ben Xxxxxxx Xxx Xxxxxxx Vice President [Signatures Continue on Next Page.] [Signatures Continued from Previous Page] FARM CREDIT MID-AMERICA, FLCA, as a Voting Participant pursuant to Section 9.07(D) of the Credit Agreement By: /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx Vice President [Signatures Continue on Next Page.] [Signatures Continued from Previous Page] AMERICAN AGCREDIT, FLCA, as a Voting Participant pursuant to Section 9.07(D) of the Credit Agreement By: /s/ Xxxxxxx X. Xxxxxxxx Xxxxxxx X. Xxxxxxxx Vice President [Signatures Continue on Next Page.] [Signatures Continued from Previous Page] FARM CREDIT EAST, ACA, as a Voting Participant pursuant to Section 9.07(D) of the Credit Agreement By: /s/ Xxxx Xxxxx Xxxx Xxxxx Vice President [Signatures Continue on Next Page.] [Signatures Continued from Previous Page] FARM CREDIT SERVICES OF AMERICA, FLCA, as a Voting Participant pursuant to Section 9.07(D) of the Credit Agreement By: /s/ Xxx Xxxxx Xxx Xxxxx Vice President [Signatures Continue on Next Page.] [Signatures Continued from Previous Page] MIDATLANTIC FARM CREDIT, FLCA, as a Voting Participant pursuant to Section 9.07(D) of the Credit Agreement By: /s/ Xxxxxxx X. Xxxxxx Xxxxxxx X. Xxxxxx Vice President [Signatures Continue on Next Page.] [Signatures Continued from Previous Page] AGCHOICE FARM CREDIT, FLCA, as a Voting Participant pursuant to Section 9.07(D) of the Credit Agreement By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President [Signatures Continue on Next Page.] [Signatures Continued from Previous Page] BADGERLAND FINANCIAL, FLCA, as a Voting Participant pursuant to Section 9.07(D) of the Credit Agreement By: /s/ Xxxxxxx X. Xxx Xxxxxxx X. Xxx
Financial Institution The Financial Institution will not be liable under this Agreement, except for (i) its own willful misconduct, bad faith or negligence or (ii) breach of its representations and warranties in this Agreement. The Financial Institution will not be liable for special, indirect or consequential losses or damages (including lost profit), even if the Financial Institution has been advised of the likelihood of the loss or damage and regardless of the form of action.
Deposit Account (a) On or prior to the Closing Date, the Issuer shall cause the Servicer to establish and maintain, in the name of the Indenture Trustee, for the benefit of the Noteholders and the Certificateholders, the Deposit Account as provided in Section 5.01 of the Sale and Servicing Agreement.
Financial Institution Funding The aggregate Capital associated with the Purchases by the Financial Institutions shall accrue Financial Institution Yield for each day during its Rate Tranche Period at either the LIBO Rate or the Alternate Base Rate in accordance with the terms and conditions hereof. Until Seller gives notice to Agent and the applicable Purchaser Agent(s) of another Discount Rate in accordance with Section 4.4, the initial Discount Rate for any portion of the Asset Portfolio transferred to the Financial Institutions pursuant to the terms and conditions hereof shall be the Alternate Base Rate. If any pro rata portion of the Asset Portfolio of any Conduit is assigned or transferred to, or funded by, any Funding Source of such Conduit pursuant to any Funding Agreement or to or by any other Person, each such portion of the Asset Portfolio so assigned, transferred or funded shall each be deemed to have a new Rate Tranche Period commencing on the date of any such assignment, transfer or funding, and shall accrue yield for each day during its Rate Tranche Period at either the LIBO Rate or the Alternate Base Rate in accordance with the terms and conditions hereof as if each such portion of the Asset Portfolio was held by a Financial Institution. With respect to each such portion of the Asset Portfolio, the assignee or transferee thereof, or the lender with respect thereto, shall be deemed to be a Financial Institution in the applicable Conduit’s Purchaser Group solely for the purposes of Sections 4.1, 4.2, 4.4 and 4.5 hereof.
Lockbox Bank All Obligors have been instructed to make payments to a Lockbox Account (either directly by remitting payments to a Lockbox, or indirectly by making payments through direct debit, the telephone or the internet to an account of the Servicer which payments will be subsequently transferred from such account to one or more Lockbox Banks), and no person claiming through or under Seller has any claim or interest in a Lockbox Account other than the related Lockbox Bank; provided, however, that other Persons may have an interest in certain other collections therein not related to the Contracts.
The Lender the Borrower and Lender have formally executed a equity pledge contract (the “Share Pledge Agreement”), by virtue of which the Borrower agrees to pledge all its equity in the Borrower’s Company to the Lender.
Credit Agreement; Guarantee and Collateral Agreement The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, Holdings, the Borrower and each Person listed on Schedule 1.1A and (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower and each Subsidiary Guarantor.