Incorporation of Borrower Agreement by Reference Sample Clauses

Incorporation of Borrower Agreement by Reference. This Agreement shall constitute the “Loan Agreement” under the Borrower Agreement, and the Line of Credit shall constitute the “Loan Facility” under the Borrower Agreement. The terms of the Borrower Agreement are hereby incorporated herein by this reference. In the event that any provision of this Agreement conflicts with or is Credit and Security Agreement WFBC/Iridex (Ex-Im Subfacility) inconsistent with any provision of the Borrower Agreement, the provision that is more burdensome or restrictive as to Company shall control. [signatures on next page] Credit and Security Agreement WFBC/Iridex (Ex-Im Subfacility) COMPANY AND WXXXX FARGO HAVE EXECUTED THIS AGREEMENT THROUGH THEIR AUTHORIZED OFFICERS AS OF THE DATE SET FORTH ABOVE. WXXXX FARGO BANK, IRIDEX CORPORATION NATIONAL ASSOCIATION By: /s/ Jxxxx Xxxxxxxxxx By: /s/ Jxxxx Xxxxxxxxx Print Name: Jxxxx Xxxxxxxxxx Print Name: Jxxxx Xxxxxxxxx Title: AVP + Relationship Manager Title: CFO Wxxxx Fargo Bank, National Association IRIDEX Corporation 200 Xxx Xxxxxx Xxxxxx, Suite 700 1000 Xxxxx Xxxxx Xxxxxx Xxxxxxxx, Xxxxxxxxxx 00000 Mxxxxxxx Xxxx, Xxxxxxxxxx 00000 Fax: 600.000.0000 Fax: Attention: Jxxxx Xxxxxxxxxx Attention: Jxxxx Xxxxxxxxx
Sample 1
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Incorporation of Borrower Agreement by Reference. This Agreement shall constitute the “Loan Agreement” under the Borrower Agreement, and the Line of Credit shall constitute the “Loan Facility” under the Borrower Agreement. The terms of the Borrower Agreement are hereby incorporated herein by this reference. In the event that any provision of this Agreement conflicts with or is inconsistent with any provision of the Borrower Agreement, the provision that is more burdensome or restrictive as to Company shall control. [signatures on the following page] COMPANY AND XXXXX FARGO have executed this Agreement through their authorized officers as of the date set forth above. XXXXX FARGO BANK, CAPSTONE TURBINE CORPORATION NATIONAL ASSOCIATION By: /s/ Xxxx Xxxxx By: /s/ Xxxxxx Xxxxxxx Name: Xxxx Xxxxx Name: Xxxxxx Xxxxxxx Its: Vice President Its: CEO Xxxxx Fargo Bank, National Association Capstone Turbine Corporation 240 X. Xxx Xxxxxx Xxxxxx, Suite 700 21000 Xxxxxxxx Xxxxxx Pasadena, CA 91101 Chxxxxxxxx, Xxxxxxxxxx 00000 Fax: 000.000.0000 Fax: 000.000.0000 Attention: Capstone Turbine Account Officer Attention: email: xxxxx.xxxx@xxxxxxxxxx.xxx e-mail: Federal Employer Identification No. Organizational Identification No. Exhibit A to Credit and Security Agreement (Ex-Im Subfacility)
Sample 1
Incorporation of Borrower Agreement by Reference. This Agreement shall constitute the "Loan Agreement" under the Borrower Agreement, and the Credit Facility shall constitute the "Loan Facility" under the Borrower Agreement. The terms of the Borrower Agreement are hereby incorporated herein by this reference. In the event that any provision of this Agreement conflicts with or is inconsistent with any provision of the Borrower Agreement, the provision that is more burdensome or restrictive as to the Borrowers shall control. -------------------------------------------------------------------------------- THE BORROWERS AND THE LENDER WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION AT LAW OR IN EQUITY OR IN ANY OTHER PROCEEDING BASED ON OR PERTAINING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT. --------------------------------------------------------------------------------
Sample 1

Related to Incorporation of Borrower Agreement by Reference

  • Incorporation of Credit Agreement Provisions The provisions contained in Section 11.6 (Indemnification), Section 12.8 (Governing Law; Submission to Jurisdiction) and Section 12.9 (Waiver of Jury Trial) of the Credit Agreement are incorporated herein by reference to the same extent as if reproduced herein in their entirety.

  • Incorporation of Documents by Reference The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, when they became effective or were filed with the Commission, as the case may be, complied in all material respects with the requirements of the 1934 Act and the 1934 Act Regulations, and, when read together with the other information in the Prospectus, (a) at the time the Registration Statement became effective, (b) at the time the Prospectus was issued and (c) on the date of this Agreement, did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading.

  • INCORPORATION OF GUIDES BY REFERENCE The Seller/Servicer acknowledges that it has received and read the Guides. All provisions of the Guides are incorporated by reference into and made a part of this Contract, and shall be binding upon the parties; provided, however, that the Seller/Servicer shall be entitled to sell Loans to and/or service Loans for Residential Funding only if and for so long as it shall have been authorized to do so by Residential Funding in writing. Specific reference in this Contract to particular provisions of the Guides and not to other provisions does not mean that those provisions of the Guides not specifically cited in this Contract are not applicable. All terms used herein shall have the same meanings as such terms have in the Guides, unless the context clearly requires otherwise.

  • Definitions and Incorporation by Reference Section 1.01.

  • Incorporation By Reference; Plan Document Receipt This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

  • Incorporation of Plan by Reference The Option is granted pursuant to the terms of the Plan, the terms of which are incorporated herein by reference, and the Option shall in all respects be interpreted in accordance with the Plan. The Committee shall interpret and construe the Plan and this instrument, and its interpretations and determinations shall be conclusive and binding on the parties hereto and any other person claiming an interest hereunder, with respect to any issue arising hereunder or thereunder.

  • Incorporation of the Loan Agreement provisions The provisions of clause 30 (law and jurisdiction) of the Loan Agreement, as amended and supplemented by this Agreement, shall apply to this Agreement as if they were expressly incorporated in this Agreement with any necessary medications.

  • Captions and Cross References; Incorporation by Reference The various captions (including, without limitation, the table of contents) in this Agreement are included for convenience only and shall not affect the meaning or interpretation of any provision of this Agreement. References in this Agreement to any underscored Section or Exhibit are to such Section or Exhibit of this Agreement, as the case may be. The Exhibits hereto are hereby incorporated by reference into and made a part of this Agreement.

  • Incorporation by Reference, Etc The provisions of the Plan are hereby incorporated herein by reference. Except as otherwise expressly set forth herein, this Agreement shall be construed in accordance with the provisions of the Plan and any capitalized terms not otherwise defined in this Agreement shall have the definitions set forth in the Plan. The Committee shall have final authority to interpret and construe the Plan and this Agreement and to make any and all determinations under them, and its decision shall be binding and conclusive upon the Participant and his legal representative in respect of any questions arising under the Plan or this Agreement.

  • Incorporation by Reference All terms, provisions and agreements set forth in the Standard Trust Terms (except to the extent expressly modified herein) are hereby incorporated herein by reference with the same force and effect as though fully set forth herein. To the extent that the terms set forth in Article 2 of this Trust Agreement are inconsistent with the terms of the Standard Trust Terms, the terms set forth in Article 2 herein shall apply.

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