FINOVA Sample Clauses
The FINOVA clause typically refers to provisions related to financial innovation or arrangements involving the FINOVA Group or similar financial entities. In practice, this clause may outline the terms under which financial products, services, or obligations are managed, such as specifying payment structures, collateral requirements, or default procedures. Its core function is to clearly define the rights and responsibilities of parties in financial transactions involving FINOVA, thereby reducing uncertainty and allocating risk in complex financial agreements.
FINOVA s books and records showing the account between FINOVA and Borrower shall be admissible as evidence in any action or proceeding, shall be binding upon the undersigned Guarantor for the purpose of establishing the items therein set forth and shall constitute prima facie proof hereof. FINOVA's monthly statements rendered to Borrower shall, to the extent to which no written objection is made within thirty (30) days after the date thereof, constitute an account stated between FINOVA and Borrower and be binding upon the undersigned Guarantor.
FINOVA. FINOVA Capital Corporation, a Delaware corporation, in its individual capacity and as agent for all lenders.
FINOVA acknowledges that it had access to the books and records of Borrower. There has been or will be delivered to FINOVA by Borrower in connection with this Amendment, the Business Plan and certain estimates of income and expense and related financial projections concerning the property owned by Borrower and repayment of the Loan. The Business Plan and such books, records, financial material and projections have been prepared solely by or under the direction of Borrower. Borrower and the Guarantor acknowledge and agree FINOVA will not be deemed, directly or indirectly, whether by any action, failure to respond thereto or otherwise, in any way to have approved, consented to, ratified or adopted said books, records, financial material or projections.
FINOVA and Oakhurst represent, warrant, and covenant (jointly and severally) to KTI that:
FINOVA. By: ----------------------------------- Name: ----------------------------- Title: ----------------------------- ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, Suite 4400 Chicago, Illinois 60606 Attn: ---------------------------------- THE FUJI BANK LIMITED, LOS ANGELES AGENCY By: ----------------------------------- Name: ----------------------------- Title: ----------------------------- ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Vice President THE INDUSTRIAL BANK OF JAPAN, LIMITED By: ----------------------------------- Name: ----------------------------- Title: ----------------------------- ▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attn: ---------------------------------- THE MITSUBISHI TRUST AND BANKING CORPORATION, LOS ANGELES AGENCY By: ---------------------------------------- Yasushi Satomi Senior Vice President and Chief Manager ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 500 Los Angeles, California 90071 Attn: ▇▇▇▇ ▇▇▇▇▇ Vice President ▇▇▇▇▇ FARGO BANK (TEXAS), NATIONAL ASSOCIATION By: ----------------------------------- Name: ----------------------------- Title: ----------------------------- ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Vice President AMSOUTH BANK By: ----------------------------------- Name: ----------------------------- Title: ----------------------------- ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attn: ----------------------------------- GENERAL ELECTRIC CAPITAL CORPORATION By: ----------------------------------- Name: ----------------------------- Title: ----------------------------- ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇.▇., ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attn: ---------------------------------- NATEXIS BANQUE BFCE By: ----------------------------------- Name: ----------------------------- Title: ----------------------------- By: ----------------------------------- Name: ----------------------------- Title: ----------------------------- ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attn: ---------------------------------- with a copy to: Natexis Banque BFCE, New York Branch ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇ ▇▇▇▇▇▇▇ THE ROYAL BANK OF SCOTLAND, plc By: ----------------------------------- ▇▇▇▇▇ ▇▇▇▇▇▇ Vice President ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attn: ▇▇▇▇▇ ▇▇▇▇▇▇ THE SANWA BANK, LIMITED, DALLAS AGENCY By: ----------------------------------- Name: ----------------------------- Title: ------------...
FINOVA. The term AFINOVA@ means FINOVA Mezzanine Capital Inc., f/k/a Sirrom Capital Corporation, a Tennessee corporation.
FINOVA. (b) FINOVA Group; (c) all officers, directors, and employees of FINOVA or FINOVA Group; (d) the Additional Defendants; (e) all officers and directors of the Additional Defendants (but only with respect to Thaxton-Related Claims arising out of the performance of their dutie▇ ▇▇ ▇▇ficers and directors of the Additional Defendants); and (f) all attorneys and professionals for FINOVA and the Additional Defendants in the Thaxton Debtors' Bankruptcy Cases, the Adversary Proceeding, the Gre▇▇▇▇ ▇▇tative Class Action, and the Society Action.
FINOVA. If no Event of Default or Incipient Default exists, FINOVA shall not conduct any such inspections more than four times per calendar year.
FINOVA. Notwithstanding any provision in the Agreement to the contrary, the parties acknowledge that they have not received a consent to the assignment of the Company=s agreements with FINOVA Technology Finance, Inc., f/k/a Financing for Science International, Inc. ("FINOVA") and have agreed to proceed with the Closing as contemplated under the Agreement subject to the following:
(a) the Sellers and the Purchaser will cooperate using reasonable good faith efforts to obtain FINOVA=s consent to the assignment of its contracts with the Company to the Purchaser with minimum fees, costs and expenses;
(b) to the extent there are any such fees, costs or expenses of any kind whatsoever, including without limitation penalties, the Sellers, jointly and severally, on the one-hand, and the Purchaser, on the other hand, agree to split such fees, costs and expenses on a fifty-fifty basis. Any such cost splitting shall not be subject to the provisions of ARTICLE IX of the Agreement.
FINOVA. BORROWER: FINOVA CAPITAL AUTOMOTIVE ONE PARTS STORES, INC. CORPORATION BY_______________________________ BY_______________________________ PRESIDENT OR VICE PRESIDENT TITLE_____________________________ [SIGNATURE PAGE TO SCHEDULE TO LOAN AND SECURITY AGREEMENT] STATE OF ) ) ss. COUNTY OF ) BEFORE ME, a Notary Public, in and for said county and state, personally appeared the above-named Automotive One Parts Stores, Inc., a Florida corporation, by _______________________________, its _______________________, who acknowledged that he/she did sign the foregoing agreement and that the same is his/her free act and deed and the free act and deed of said corporation.