Guaranties of Indebtedness. The Company has leased 12,500 square feet of space from MYCORT, Inc., a sublessee of Old Cambridge Realty Trust. The sub-lessor has financed $576,310 improvement work for office and laboratory at these facilities. As described in Exhibit 3.07, the Company has acquired assets subject to an equipment lease with Comdisco. The lease provides a total commitment of up to $4,500,000. The first tranche of $1,500,000 was fully drawn down during May 1994. The second tranche of $1,000,000 became available June 1, 1994. The lease provides for a term for each tranche of forty-eight months at an 10% interest rate, plus warrants to be issued to Comdisco (See Exhibit 3.13). Copies of the lease documentation are available at the offices of the Company.
Guaranties of Indebtedness. (i) of any Person other than the Borrower or a Restricted Subsidiary to the extent that (x) the aggregate amount of such Guaranties by the Borrower and the Restricted Subsidiaries does not exceed ten percent (10%) of the combined total assets of the Borrower and the Restricted Subsidiaries and (y) immediately prior to and after giving effect to any such proposed Guaranty there shall not exist a Default or Event of Default and (ii) of the Borrower or of a Restricted Subsidiary to the extent that such Guaranty, and the Indebtedness guaranteed thereby, are permitted by Section 7.1 hereof; -----------
Guaranties of Indebtedness and obligations that would constitute Funded Debt hereunder if the primary obligor thereof were a Borrower; and
Guaranties of Indebtedness. None Exhibit 3.10 Investments None Exhibit 3.13 Capitalization/Restrictions on Transfer COMMON STOCK The Company has issued and/or committed for issuance (i) 336,000 shares of Common Stock to Barrx X. Xxxxxxxxx, Xx.D, which are owned outright by him, (ii) 860,000 shares of Common Stock to Barrx X. Xxxxxxxxx, Xx.D, which are subject to a four-year vesting arrangement and (iii) 310,000 shares of Common Stock pursuant to one-year vesting arrangements, in the amounts and to the persons listed on the Attachment to this Exhibit 3.13.
Guaranties of Indebtedness. The Company has leased 12,500 square feet of space from MYCORT, Inc., a sublessee of Old Cambridge Realty Trust. The sub-lessor has financed $576,310 improvement work for office and laboratory at these facilities. As described in Exhibit 3.07, the Company has acquired assets subject to an equipment lease with Comdisco. The lease provides a total commitment of up to $4,500,000, with the first tranche being in the amount of approximately $1,500,000 with a forty-eight month term and a 10% interest rate, plus warrants. Copies of the lease documentation are available at the offices of the Company. The Company has borrowed an aggregate of approximately $600,000 from Technology Leaders L.P. and its affiliates and Bessemer Venture Partners L.P. which is being repaid in connection with the closing of the transactions contemplated by this Agreement. Exhibit 3.10
Guaranties of Indebtedness. (i) pursuant to the Franchisee Facility Guaranty Agreement and (ii) other Indebtedness in an amount not to exceed $25,000,000 in the aggregate at any one time outstanding;
Guaranties of Indebtedness incurred after the date hereof (provided, however, that notwithstanding anything to the contrary contained herein, (x) subject to subparagraph (y) hereof, in no event shall the aggregate amount of such Guaranties of Indebtedness permitted under clauses (a) and (b) of this Section 7.2.3 exceed $8,000,000 at any one time outstanding for the Loan Parties and their respective Subsidiaries and (y) in no event shall the aggregate amount of any Guaranty of Indebtedness relating to the eMerge Investment exceed $23,000,000 at any one time outstanding for the Loan Parties and their respective
Guaranties of Indebtedness provided that there shall be excluded from this definition (1) (except for the purposes of Section 7.5) Interest Deferral Obligations up to an amount outstanding at any one time equal to 15% of the amount described in clause (a) of the definition of “Total Capitalization,” excluding in the calculation thereof for the purposes of this proviso, however, preferred and preference stock and (2) the agreements listed on Schedule 3 and similar agreements entered into for the operation and maintenance of power plants or the purchase of power or transmission services (provided, for the avoidance of doubt, that this Agreement shall not be deemed to be such an agreement as a result of it being available to support collateral requirements under the Borrower’s energy purchase and sale agreements). “Interest Deferral Obligations” means obligations and guaranties related thereto, which obligations and guaranties are junior and subordinated in all respects to all amounts owing under the Loan Documents, that contain provisions allowing the obligor to extend the interest payment period from time to time and defer any interest payments (however denominated) due during such extended interest payment period. “Interest Period” means for each Term Loan, a period of one, three or six months commencing on a Business Day selected by the Borrower pursuant to this Agreement. Such
Guaranties of Indebtedness provided that there shall be excluded from this definition (1) (except for the purposes of Section 7.05) Interest Deferral Obligations up to an amount outstanding at any one time equal to 15% of the amount described in clause (a) of the definition of “Total Capitalization,” excluding in the calculation thereof for the purposes of this proviso, however, preferred and preference stock, and (2) the agreements listed on Schedule 3 and similar agreements entered into for the operation and maintenance of power plants or the purchase of power or transmission services (provided, for the avoidance of doubt, that this Agreement shall not be deemed to be such an agreement as a result of it being available to support collateral requirements under the Borrower’s energy purchase and sale agreements).
Guaranties of Indebtedness. The Company has leased 12,500 square feet of space from MYCORT, Inc., a sublessee of Old Cambridge Realty Trust. The sub-lessor has financed $576,310 improvement work for office and laboratory at these facilities. As discussed in Exhibit 3.07, the Company has acquired assets subject to an equipment lease with Comdisco. The lease provides a total commitment of up to $3,500,000, in three installments. The first installment of $1,500,000 was closed in May, 1994. The second installment, of $1,000,000, became available June 1, 1994 and expires May 31, 1995. The third installment, of $1,000,000, may become available after May 31, 1995, subject to certain conditions. The lease provides for a term for each installment of forty-eight months at a 10% interest rate, plus warrants to be issued to Comdisco (See Exhibit 3.13). Copies of the lease documentation are available at the offices of the Company.
