Lead Lender. Notwithstanding any contrary provision of this Section, Bank shall at all times be the lead lender (i.e., the sole party with whom Borrower needs to communicate) with respect to the Loans, and Borrower shall only be required to communicate with Bank. Each Participant that receives confidential information regarding Borrower must agree to use reasonable efforts to keep all information acquired by it in connection with the Loans or Loan Documents and relating to Borrower confidential; provided, however, that such information may be distributed by any Participant (i) pursuant to a court order or a demand made by any governmental agency or authority, or otherwise in connection with litigation or as otherwise required by law, (ii) to such person’s consultants or professionals, as necessary, (iii) in connection with a sale or participation of such person’s interest in the Loans, and (iv) to regulators in connection with audits.
Lead Lender. Notwithstanding anything to the contrary contained in this Agreement or any of the other Loan Documents, if at any time there is more than one Lender hereunder, each such Lender shall deliver a written notice to Borrower designating one lender or an affiliate thereof as the “Lead Lender” (such Lender, at all times thereafter and until resignation or replacement of such Lender by written notice to Borrower, the “Lead Lender”). Each Lender hereby appoints Lead Lender to serve as non-fiduciary administrative agent and collateral agent for each Lender and hereby agrees that Lead Lender shall be the sole party authorized to grant or withhold consents or approvals hereunder on behalf of the other Lenders (subject, in each case, to appointment of a servicer to receive such notices, requests and other communications and/or to grant or withhold consents or approvals, as the case may be). No Lender shall have any liabilities or responsibilities to Borrower on account of the failure of any other Lender to perform its obligations hereunder or to any Lender on account of the failure of Borrower to perform its obligations hereunder or under any other Loan Document. (b)
Lead Lender s/ Xxxxxx Xxxxxx ---------------------------------------- Xxxxxx Xxxxxx, Individually BORROWER: ADEPT TECHNOLOGY, INC. By: /s/ Xxxxx Xxxxxxxx ------------------------------------ Xxxxx Xxxxxxxx, Chief Executive Officer EXHIBIT A PROMISSORY NOTE Raleigh, N.C. $800,000 August 30, 2002 FOR VALUE RECEIVED, ADEPT TECHNOLOGY, INC., a California corporation ("Borrower"), promises to pay to the order of Xxxxxx Xxxxxx ("Lead Lender") , the principal sum of Eight Hundred Thousand Dollars ($800,000), or such lesser amount as may be outstanding, together with interest on the unpaid outstanding principal balance at the rate per annum of one percent (1%) plus the prime rate as published by the Wall Street Journal from time to time, on the unpaid balance until paid or until default, both principal and interest payable in U.S. Dollars to Lead Lender at Solothurn, Switzerland, or at such place as the legal holder hereof may designate in writing. Accrued interest shall be paid annually by Borrower on the first anniversary and each successive anniversary of this Note. If not sooner paid, the entire indebtedness shall be due and payable on August 30, 2006. Interest shall be calculated from the date of each advance until repayment by Borrower of each advance. This Note is given pursuant to the terms of a Loan Agreement dated as of August 30, 2002, by and between Borrower and Lead Lender ("Loan Agreement"). Borrower shall deliver to the Lead Lender certificates for registered shares of Borrower common stock as provided in the Stock Issuance Agreement between Borrower and Lead Lender dated as of the date hereof, attached hereto as Exhibit A and incorporated herein by reference. Disbursements under this Note shall be made as provided in the Loan Agreement. Unless otherwise provided, this Note may be prepaid in full or in part at any time without penalty or premium. Partial prepayments shall be applied to installments due in reverse order of their maturity. Payments will be applied first to payment of interest then accrued and due on the unpaid principal balance, with the remainder applied to the unpaid principal. In the event of: (a) default in payment of any installment of principal as the same becomes due and such default is not cured within ten (10) days from the due date, or (b) default under the terms of any instrument securing this Note, and such default is not cured within fifteen (15) days after written notice to maker, then in either such event the holder may without fur...
Lead Lender. B) PARTICIPANT: <CFC><Xxxxxx Mac>
Lead Lender. Notwithstanding any other provision of this Agreement to the contrary, Bank shall not sell, transfer, assign or grant participations in the Loan or the Loan Documents unless Bank remains the principal or “lead” lender therefor.
Lead Lender. Viking shall furnish to Lead Lender such financial information as may be reasonably requested by Lead Lender. Such financial information shall include, but not be limited to: (i) audited financial statements within one hundred twenty (120) days of Viking’s fiscal year end; (ii) internally prepared financial statements within thirty (30) days of each calendar month end; and (iii) an annual budget for the upcoming fiscal year by month within thirty (30) days of fiscal year end. All financial reports should include a balance sheet, income statement and statement of cash flows prepared in accordance with GAAP, accompanied by a management discussion and analysis of the appropriate reporting period.
Lead Lender. Each Lender appoints and authorizes Lead Lender to take such action as Lead Lender on its behalf and to exercise such respective powers under the Transaction Agreements as are delegated to Lead Lender by the terms thereof, together with such powers as are reasonably incidental thereto. As between the Lenders, neither Lead Lender nor any of its directors, officers or employees shall be liable for any action taken or omitted to be taken by it under or in connection with the Transaction Agreements, except for its own gross negligence or willful misconduct. As between the Lenders, Lead Lender shall not be liable for any apportionment or distribution of payments made by it in good faith and without gross negligence or willful misconduct, and, if any such apportionment or distribution is subsequently determined to have been made in error, the sole recourse of any Lender to whom payment was due but not made shall be to recover from the other Lenders any payment in excess of the amount to which they are determined to be entitled (and such other Lenders hereby agree to return to such Lender any such erroneous payments received by them). As between the Lenders, in no event shall Lead Lender be liable for punitive, special, consequential, incidental, exemplary or other similar damages. Lead Lender shall act as an independent contractor in performing its obligations as Lead Lender hereunder and nothing herein contained shall be deemed to create any fiduciary relationship among or between Lead Lender, the Company and its subsidiaries or the Lenders. Lead Lender shall not be responsible to any Lender for any recitals, statements, representations or warranties in any Transaction Agreement or be under a duty to examine or pass upon the validity, effectiveness, genuineness or value of any of the Transaction Agreements or any other instrument or document furnished pursuant thereto, and Lead Lender shall be entitled to assume that the same are valid, effective and genuine and what they purport to be. Lead Lender shall be entitled to use its discretion with respect to exercising or refraining from exercising any rights which may be vested in it by, or with respect to taking or refraining from taking any action or actions which it may be able to take under or in respect of, the Transaction Agreements. As between the Lenders, Lead Lender shall incur no liability under or in respect of any of the Transaction Agreements by acting upon any notice, consent, certificate, warranty or...
Lead Lender. Ronco Corporation Xxxxxxx Xxxxxx Xxxxxx Inc. By: /s/ Xxxxxxx X. Xxxxx, Xx. By: /s/ Xxx X. Xxxxxx Name: Xxxxxxx X. Xxxxx, Xx. Name: Xxx X. Xxxxxx Title: President and Chief Executive Officer Title: Chief Executive Officer XXX XXXXX XX XXXXXXXXXX § § XXXXXX OF ___________ § This instrument was acknowledged before me on the ___ day of ________________, 2006, by ____________________, ________________________ of Ronco Corporation, a Delaware corporation, on behalf of said corporation. ___________________________________ Notary Public in and for the State of Texas] THE STATE OF TEXAS § § COUNTY OF XXXXXX § This instrument was acknowledged before me on the 9 day of June, 2006, by Xxx X. Xxxxxx, Chief Executive Officer of Xxxxxxx Xxxxxx Xxxxxx, Inc., a Texas corporation, on behalf of said association. _/s/Xxxxx Eva Bailey___________________ Notary Public in and for the State of Texas
Lead Lender. Borrower shall have no obligation to communicate with, or take instructions from, any Person with respect to the administration of the Loan, other than Agent (or its successor or assign), during the period prior to the earlier of (i) the occurrence of an Event of Default and (ii) December 31, 2012.
Lead Lender
