Common use of Insider Clause in Contracts

Insider. Such Borrower is not, and no Person having “control” (as that term is defined in 12 U.S.C. § 375(b)(5) or in regulations promulgated pursuant thereto) of such Borrower is, an “executive officer,” “director,” or “principal shareholder” (as those terms are defined in 12 U.S.C. § 375(b) or in regulations promulgated pursuant thereto) of Lender, of a bank holding company of which Lender is a subsidiary, or of any subsidiary of a bank holding company of which Lender is a subsidiary.

Appears in 2 contracts

Sources: Loan and Security Agreement (Dreams Inc), Loan and Security Agreement (Dreams Inc)

Insider. Such Borrower is not, and no Person having “control” (as that term is defined in 12 U.S.C. § 375(b)(5) or in regulations promulgated pursuant thereto) of such Borrower is, an “executive officer,” “director,” or “principal shareholder” (as those terms are defined in 12 U.S.C. § 375(b) or in regulations promulgated pursuant thereto) of LenderBank, of a bank holding company of which Lender Bank is a subsidiary, or of any subsidiary of a bank holding company of which Lender Bank is a subsidiary.

Appears in 2 contracts

Sources: Loan and Security Agreement (Primo Water Corp), Loan and Security Agreement (Vitacost.com, Inc.)

Insider. Such Borrower is not, and no Person having “control” (as that term is defined in 12 U.S.C. § 375(b)(5) or in regulations promulgated pursuant thereto) of such Borrower is, an “executive officer,” “director,” or “principal shareholder” (as those terms are defined in 12 U.S.C. § 375(b) or in regulations promulgated pursuant thereto) of LenderBank, of a bank holding company of which Lender Bank is a subsidiary, or of any subsidiary of a bank holding company of which Lender Bank is a subsidiary.

Appears in 2 contracts

Sources: Credit and Security Agreement (Sancilio Pharmaceuticals Company, Inc.), Credit and Security Agreement (Sancilio Pharmaceuticals Company, Inc.)

Insider. Such Borrower is not, and no Person having "control" (as that term is defined in 12 U.S.C. § 375(b)(5) or in regulations promulgated pursuant thereto) of such Borrower is, an "executive officer,” “" "director," or "principal shareholder" (as those terms are defined in 12 U.S.C. § 375(b) or in regulations promulgated pursuant thereto) of LenderBank, of a bank holding company of which Lender Bank is a subsidiary, or of any subsidiary of a bank holding company of which Lender Bank is a subsidiary.

Appears in 2 contracts

Sources: Revolving and Term Credit and Security Agreement (Aerosonic Corp /De/), Revolving and Term Loan Credit Agreement (Farrel Corp)

Insider. Such Borrower is not, and no Person having "control" (as that term is defined in 12 U.S.C. § Section 375(b)(5) or in regulations promulgated pursuant thereto) of such Borrower is, an "executive officer,” “", "director,” " or "principal shareholder" (as those terms are defined in 12 U.S.C. § Section 375(b) or in regulations promulgated pursuant thereto) of Lenderany Bank, of a bank holding company of which Lender any Bank is a subsidiarySubsidiary, or of any subsidiary Subsidiary of a bank holding company of which Lender any Bank is a subsidiarySubsidiary.

Appears in 2 contracts

Sources: Credit Agreement (Hastings Entertainment Inc), Credit Agreement (Hastings Entertainment Inc)

Insider. Such Borrower is not, and no Person having "control" (as that term is defined in 12 U.S.C. § ? 375(b)(5) or in regulations promulgated pursuant thereto) of such Borrower is, an "executive officer,” “" "director," or "principal shareholder" (as those terms are defined in 12 U.S.C. § ? 375(b) or in regulations promulgated pursuant thereto) of LenderBank, of a bank holding company of which Lender Bank is a subsidiary, or of any subsidiary of a bank holding company of which Lender Bank is a subsidiary.

Appears in 2 contracts

Sources: Revolving Credit and Security Agreement (SFBC International Inc), Revolving Credit and Security Agreement (SFBC International Inc)

Insider. Such No Borrower is notis, and no Person having “control” (as that term is defined in 12 U.S.C. § 375(b)(5) or in regulations promulgated pursuant thereto) of such Borrower a Borrower, including any Guarantor or other Credit Party is, an “executive officer,” “director,” or “principal shareholder” (as those terms are defined in 12 U.S.C. § 375(b) or in regulations promulgated pursuant thereto) of Lender, of a bank holding company of which Lender is a subsidiary, or of any subsidiary of a bank holding company of which Lender is a subsidiary.

Appears in 1 contract

Sources: Loan Agreement (Sturm Ruger & Co Inc)

Insider. Such Borrower is not, and no Person having “control” (as that term is defined in 12 U.S.C. § Sec. 375(b)(5) or in regulations promulgated pursuant thereto) of such Borrower is, an “executive officer,” “director,” or “principal shareholder” (as those terms are defined in 12 U.S.C. § Sec. 375(b) or in regulations promulgated pursuant thereto) of LenderBank, of a bank holding company of which Lender Bank is a subsidiary, or of any subsidiary of a bank holding company of which Lender Bank is a subsidiary.

Appears in 1 contract

Sources: Revolving Credit and Security Agreement (Home Diagnostics Inc)

Insider. Such Borrower is not, and no Person having "control" (as that ------- term is defined in 12 U.S.C. § 375(b)(5) or in regulations promulgated pursuant thereto) of such Borrower is, an "executive officer,” “" "director," or "principal shareholder" (as those terms are defined in 12 U.S.C. § 375(b) or in regulations promulgated pursuant thereto) of LenderBank, of a bank holding company of which Lender Bank is a subsidiary, or of any subsidiary of a bank holding company of which Lender Bank is a subsidiary.

Appears in 1 contract

Sources: Loan and Security Agreement (Bradley Pharmaceuticals Inc)

Insider. Such Borrower is not, and no Person having “control” (as that term is defined in 12 U.S.C. § 375(b)(5) or in regulations promulgated pursuant thereto) of such Borrower is, an “executive officer,” “director,” or “principal shareholder” (as those terms are defined in 12 U.S.C. § 375(b) or in regulations promulgated pursuant thereto) of Lenderany Bank, of a bank holding company of which Lender any Bank is a subsidiary, or of any subsidiary of a bank holding company of which Lender any Bank is a subsidiary.

Appears in 1 contract

Sources: Revolving Credit and Security Agreement (Sri Surgical Express Inc)

Insider. Such Borrower is not, and no Person having "control" (as that term is defined in 12 U.S.C. § Section 375(b)(5) or in regulations promulgated pursuant thereto) of such Borrower is, an "executive officer,” “", "director,” ", or "principal shareholder" (as those terms are defined in 12 U.S.C. § Section 375(b) or in regulations promulgated pursuant thereto) of Lender, of a bank holding company of which Lender is may be a subsidiary, or of any subsidiary of a bank holding company of which Lender is may be a subsidiary, or of any bank at which Lender maintains a "correspondent account" (as such term is defined in such statute or regulations), or of any bank which maintains a correspondent account with Lender.

Appears in 1 contract

Sources: Loan and Security Agreement (King Pharmaceuticals Inc)

Insider. Such Borrower is not, and no Person having "control" (as that term is defined in 12 U.S.C. § §375(b)(5) or in regulations promulgated pursuant thereto) of such Borrower is, an "executive officer,” “" "director," or "principal shareholder" (as those terms are defined in 12 U.S.C. § §375(b) or in regulations promulgated pursuant thereto) of LenderBank, of a bank holding company of which Lender Bank is a subsidiary, or of any subsidiary of a bank holding company of which Lender Bank is a subsidiary.

Appears in 1 contract

Sources: Revolving Credit and Security Agreement (Intelligroup Inc)

Insider. Such No Borrower is notis, and no Person having "control" (as that term is defined in 12 U.S.C. § ss. 375(b)(5) or in regulations promulgated pursuant thereto) of such a Borrower is, an "executive officer,” “" "director," or "principal shareholder" (as those terms are defined in 12 U.S.C. § 375(bss.375(b) or in regulations promulgated pursuant thereto) of LenderBank, of a bank holding company of which Lender Bank is a subsidiary, or of any subsidiary of a bank holding company of which Lender Bank is a subsidiary.

Appears in 1 contract

Sources: Loan and Security Agreement (Emerson Radio Corp)

Insider. Such Borrower is not, and no Person having "control" (as that term is defined in 12 U.S.C. § 375(b)(5) or in regulations promulgated pursuant thereto) of such Borrower is, an "executive officer,” “" "director," or "principal shareholder" (as those terms are defined in 12 U.S.C. § 375(b) or in regulations promulgated pursuant thereto) of LenderBank, of a bank holding company of which Lender Bank is a subsidiary, or of any subsidiary of a bank holding company of which Lender Bank is a subsidiary.

Appears in 1 contract

Sources: Revolving Credit and Security Agreement (JPS Industries Inc)

Insider. Such Borrower is not, and no Person having “control” (as that term is defined in 12 U.S.C. § 375(b)(5) or in regulations promulgated pursuant thereto) of such Borrower it is, an “executive officer,” “director,” or “principal shareholder” (as those terms are defined in 12 U.S.C. § 375(b) or in regulations promulgated pursuant thereto) of Lenderany Bank, of a bank holding company of which Lender any Bank is a subsidiary, or of any subsidiary of a bank holding company of which Lender any Bank is a subsidiary.

Appears in 1 contract

Sources: Credit and Security Agreement (Sri Surgical Express Inc)

Insider. Such No Borrower is not, and no Person having “control” (as that term is defined in 12 U.S.C. § 375(b)(5) or in regulations promulgated pursuant thereto) of such Borrower is, an “executive officer,” “director,” or “principal shareholder” (as those terms are defined in 12 U.S.C. § 375(b) or in regulations promulgated pursuant thereto) of LenderBank, of a bank holding company of which Lender Bank is a subsidiary, or of any subsidiary of a bank holding company of which Lender Bank is a subsidiary.

Appears in 1 contract

Sources: Loan and Security Agreement (Adams Golf Inc)

Insider. Such Borrower is not, and no Person having “control” (as that term is defined in 12 U.S.C. § 375(b)(5) or in regulations promulgated pursuant thereto) of such Borrower is, an “executive officer,” “director,” or “principal shareholder” (as those terms are defined in 12 U.S.C. § 375(b) or in regulations promulgated pursuant thereto) of Lender, of a bank holding company of which Lender is a subsidiary, or of any subsidiary of a bank holding company of which Lender is a subsidiary.

Appears in 1 contract

Sources: Loan and Security Agreement (Transcend Services Inc)

Insider. Such Borrower is not, and no Person having "control" (as that term is defined in 12 U.S.C. § {section} 375(b)(5) or in regulations promulgated pursuant thereto) of such Borrower is, an "executive officer,” “" "director," or "principal shareholder" (as those terms are defined in 12 U.S.C. § {section} 375(b) or in regulations promulgated pursuant thereto) of LenderBank, of a bank holding company of which Lender Bank is a subsidiary, or of any subsidiary of a bank holding company of which Lender Bank is a subsidiary.

Appears in 1 contract

Sources: Revolving Credit and Security Agreement (Digital Lightwave Inc)

Insider. Such Each Borrower is not, and no Person having “control” (as that term is defined in 12 U.S.C. § 375(b)(5) or in regulations promulgated pursuant thereto) of such Borrower is, an “executive officer,” “director,” or “principal shareholder” (as those terms are defined in 12 U.S.C. § 375(b) or in regulations promulgated pursuant thereto) of Lender, of a bank holding company of which Lender is a subsidiary, or of any subsidiary of a bank holding company of which Lender is a subsidiary.

Appears in 1 contract

Sources: Loan and Security Agreement (Autoinfo Inc)

Insider. Such Borrower is not, and no Person having “control” (as that term is defined in 12 U.S.C. § U.S.C.. 375(b)(5) or in regulations promulgated pursuant thereto) of such Borrower is, an “executive officer,” “director,” or “principal shareholder” (as those terms are defined in 12 U.S.C. § U.S.C.. 375(b) or in regulations promulgated pursuant thereto) of LenderBank, of a bank holding company of which Lender Bank is a subsidiary, or of any subsidiary of a bank holding company of which Lender Bank is a subsidiary.

Appears in 1 contract

Sources: Non Revolving Credit Agreement (Unilife Corp)

Insider. Such Borrower is not, and no Person having "control" (as that term is defined in 12 U.S.C. § Section 375(b)(5) or in regulations promulgated pursuant thereto) of such Borrower is, an "executive officer,” “" "director," or "principal shareholder" (as those terms are defined in 12 U.S.C. § Section 375(b) or in regulations promulgated pursuant thereto) of Lender, of a bank holding company of which Lender is may be a subsidiary, or of any subsidiary of a bank holding company of which Lender is may be a subsidiary, or of any bank at which Lender maintains a "correspondent account" (as such term is defined in such statute or regulations), or of any bank which maintains a correspondent account with Lender.

Appears in 1 contract

Sources: Revolving Credit Agreement (Nn Ball & Roller Inc)