INTRODUCTORY STATEMENTS. 1. The Seller is the owner of the Receivables. The Seller proposes to sell to the Trust all of its right, title and interest in and to the Receivables and certain other property pursuant to the Sale and Servicing Agreement. The Trust will issue Notes pursuant to the Indenture.
INTRODUCTORY STATEMENTS. All capitalized terms not otherwise defined in this Agreement are used herein as defined in the Credit Agreement. The Borrower has requested that the Lenders agree to amend certain provisions of the Credit Agreement as hereinafter set forth. Subject to the terms and conditions hereof, the Lenders signatory to this Agreement are willing to agree to such amendments, but only upon the terms and conditions set forth herein. In consideration of the mutual agreements contained herein and other good and valuable consideration the receipt of which is hereby acknowledged, the parties hereto hereby agree as follows:
INTRODUCTORY STATEMENTS. 1.1 The northern cities, villages and townships of Oakland COUNTY are committed to protection of the natural environment and preventing toxic materials from entering their waterways and landfill resources.
INTRODUCTORY STATEMENTS. A. Reference is made to the Credit Agreement (Amended and Restated), dated as of June 30, 1994, as amended and restated as of June 30, 1997 (as amended to date, the "Credit Agreement"), by and among the Borrower, the Lenders listed on the signature pages hereof (collectively, the "Lenders") and the Agent. Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to such terms in the Credit Agreement.
INTRODUCTORY STATEMENTS. A. Pursuant to that certain Amended and Restated Credit Agreement, dated as of May 7, 1999 (as amended, supplemented or otherwise modified or restated from time to time, the “Pre-Filing Credit Agreement”), among Microcell Connexions Inc. and Microcell Solutions Inc. (collectively, the “Pre-Filing Borrowers”), Microcell Telecommunications Inc. (the “Pre-Filing Parent”), the lenders from time to time party thereto (collectively, the “Pre-Filing Lenders”), J.X. Xxxxxx Bank Canada, as administrative agent and collateral agent for the Pre-Filing Lenders, and National Bank of Canada, as letter of credit issuing bank, the Pre-Filing Lenders made loans and advances to, issued letters of credit for and/or provided other financial accommodations to, or on behalf of, the Pre-Filing Borrowers (collectively, the “Pre-Filing Loans”);
INTRODUCTORY STATEMENTS. Funding Trust proposes to acquire the Receivables from the Company and simultaneously to sell to the Trust all of its right, title and interest in and to the Receivables and certain other property pursuant to the Sale and Servicing Agreement. The Trust will issue the Certificate pursuant to the Trust Agreement and Notes pursuant to the Indenture. Each Note will be secured by the Collateral. The Trust has requested that Financial Security issue a financial guaranty insurance policy guarantying certain distributions of interest and principal on the Notes on each Insured Distribution Date (including any such distributions subsequently avoided as a preference under applicable bankruptcy law) upon the terms, and subject to the conditions, provided herein. The parties hereto desire to specify the conditions precedent to the issuance of the Policy by Financial Security, the payment of premium in respect of the Policy, the indemnity and reimbursement to be provided to Financial Security in respect of amounts paid by Financial Security under the Policy or otherwise and certain other matters. In consideration of the premises and of the agreements herein contained, Financial Security, the Trust, the Company, Funding Trust and AmeriCredit hereby agree as follows:
INTRODUCTORY STATEMENTS. A. Sellers are engaged in the business of designing, manufacturing and selling draglines and power shovels for surface mining along with components and spare parts therefor, as well as spare parts for previously manufactured drills (such business being herein referred to as the "Business").
INTRODUCTORY STATEMENTS. Goal Capital Funding, LLC, a Delaware limited liability company (the “Depositor”), and Goal Capital Funding Trust 2007-1, a Delaware statutory trust (the “Trust”), have previously filed a registration statement with the Securities and Exchange Commission (the “Commission”) relating to the issuance and sale from time to time of student loan asset-backed notes. Goal Financial, LLC, a California limited liability company (“Goal Financial”), owns 100% of the membership interest in the Depositor. The Depositor proposes to cause the Trust to issue and sell to Banc of America Securities LLC, Deutsche Bank Securities Inc., Barclays Capital Inc., and X.X. Xxxxxx Securities Inc. (each, an “Underwriter” and collectively, the “Underwriters”), $237,000,000 principal amount of its Student Loan Asset-Backed Notes, Class A-1, $155,000,000 principal amount of its Student Loan Asset-Backed Notes, Class A-2, $279,000,000 principal amount of its Student Loan Asset-Backed Notes, Class A-3, $331,000,000 principal amount of its Student Loan Asset-Backed Notes, Class A-4, and $118,000,000 principal amount of its Student Loan Asset-Backed Notes, Class A-5, (collectively, the “Class A Notes”), $45,000,000 principal amount of its Student Loan Asset-Backed Notes, Class B-1 (the “Class B-1 Notes”) and $35,000,000 principal amount of its Student Loan Asset-Backed Notes, Series 2007-1, Class C-1 (the “Class C-1 Notes” and, together with the Class A Notes and the Class B Notes, the “Series 2007-1 Notes”), as set forth in Schedule II hereto. The Series 2007-1 Notes will be issued, pursuant to the terms and provisions of an Indenture of Trust, dated as of June 7, 2007 (the “Indenture”), between the Trust and The Bank of New York Trust Company, N.A., as indenture trustee (in such capacity, the “Indenture Trustee”) and as eligible lender trustee (in such capacity, the “Eligible Lender Trustee”). The Class A Notes and any other Class A Obligations (as defined in the Indenture) issued pursuant to the Indenture will be secured on a superior basis to the Class B Notes and the Class C Notes and any other Class B Obligations or Class C Obligations (each as defined in the Indenture) issued pursuant to the Indenture. The Class B Notes and any other Class B Obligations issued pursuant to the Indenture will be secured on a superior basis to the Class C Notes and any other Class C Obligations. Each Class of the Class A Notes and the Class C-1 Notes constitute LIBOR Rate Notes (as defined in the Indentu...
INTRODUCTORY STATEMENTS. Pledgor is the sole holder of fifty (50) shares of common stock, $.01 par value per share in UDRC II and one thousand (1,000) shares of common stock, $.01 par value per share, in UDRC III (collectively, together with the capital stock of each New Issuer (as defined below) pledged or required to be pledged hereunder, the "Pledged Shares"). UDC, as borrower, has on the date hereof entered into a Senior Secured Loan Agreement with certain lenders (such lenders, together with their successors and assigns, the "Lenders") and the Collateral Agent (as such agreement may be amended, supplemented or otherwise modified from time to time, the "Loan Agreement") pursuant to which UDC has borrowed money from the Lenders. Pledgor, which is a wholly owned subsidiary of UDC, will receive substantial direct and indirect benefits from the loans made to UDC under the Loan Agreement and Pledgor has agreed to (i) guarantee the Obligations (as defined in the Loan Agreement) pursuant to the Guaranty (as defined in the Loan Agreement), and (ii) pledge the Pledged Shares and any proceeds thereof as security for Pledgor's obligations under the Guaranty. Accordingly, the Pledged Shares and any proceeds thereof will secure obligations of Pledgor to Lenders. Terms used herein but not defined herein shall have the meanings assigned to such terms in the Loan Agreement. In consideration of the premises and of the agreements herein contained, Pledgor, Lenders and UDC agree as follows:
INTRODUCTORY STATEMENTS. A. Pursuant to that certain Financing Agreement, dated as of March 1, 2002 (as amended, supplemented or otherwise modified or restated from time to time, the "Pre-Filing Financing Agreement"), among Xxxxx Forest Products Limited, Western Pulp Limited Partnership, Western Forest Products Limited, Western Pulp Inc. and Eacom Timber Sales Ltd. (collectively, the "Pre-Filing Borrowers"), Xxxxx'x Freightways Ltd., Xxxxx Investments Limited, Xxxxx Log Supply Ltd., Xxxxx-Western Lumber Ltd., Diamond Lumber Sales Limited, Quatsino Navigation Company Limited and Alpine Projects Limited (the "Pre-Filing Guarantors"), Xxxxx Industries Limited (the "Pre-Filing Parent"), and the Lender, the Lender made loans and advances to, and arranged for the issuance of letters of credit for and/or provided other financial accommodations to, or on behalf of, the Pre-Filing Borrowers (collectively, the "Pre-Filing Loans");
