Loan and Security Agreement. Performance of all obligations of Borrower (as such term is defined in the Loan and Security Agreement, and hereafter used with such meaning) under the terms of the Loan and Security Agreement, any of the Guaranty Agreements or Security Documents referred to in the Loan and Security Agreement, and any other loan agreement, tri-party financing agreement or other agreement between Grantor and Beneficiary, GNI and any other parties pertaining to the use of the proceeds of the Notes."
Loan and Security Agreement. (b) Subject to Section 2.8(a) above, Payments received by Bank from Borrower under this Agreement will be made free and clear of and without deduction for any and all present or future taxes, levies, imposts, duties, deductions, withholdings, assessments, fees or other charges imposed by any Governmental Authority (including any interest, additions to tax or penalties applicable thereto). Specifically, however, if at any time any Governmental Authority, applicable law, regulation or international agreement requires Borrower to make any withholding or deduction from any such payment or other sum payable hereunder to Bank, Borrower hereby covenants and agrees that the amount due from Borrower with respect to such payment or other sum payable hereunder will be increased to the extent necessary to ensure that, after the making of such required withholding or deduction, Bank receives a net sum equal to the sum which it would have received had no withholding or deduction been required, and Borrower shall pay the full amount withheld or deducted to the relevant Governmental Authority. In the event that tax was withheld by Borrower, Borrower will, upon request, furnish Bank with proof reasonably satisfactory to Bank indicating that Borrower has made such withholding payment, and will cooperate with Bank in connection with any information and documentation reasonably required by Bank in connection with credits, exemptions, rebates, or other benefits to be obtained by Bank in connection with such withholding payments made by Borrower, which credits, exemptions, rebates, or other benefits shall be property of Bank, without payment to Borrower or application to any Obligations hereunder; provided, however, that Borrower need not make any withholding payment if the amount or validity of such withholding payment is contested in good faith by appropriate proceedings and as to which payment in full is bonded or reserved against by Borrower.
Loan and Security Agreement. This Agreement, executed by the Borrower;
Loan and Security Agreement. Borrower, RBC Centura Bank, as collateral agent, and Bank and RBC Centura Bank, as lenders, have entered into a Loan and Security Agreement, dated as of even date herewith (as amended or modified or restated from time to time, the “Loan and Security Agreement”). This Note is also secured by (1) the security documents and other supporting obligations referenced in the Commitment Letter and by those referenced in the Loan and Security Agreement, and (2) the security documents and other supporting obligations which reference that they secure this Note (“security documents”).
Loan and Security Agreement. This Prime Referenced Rate Addendum to Loan and Security Agreement (this “Addendum”) is entered into as of November 21, 2013, by and between Comerica Bank (“Bank”) and ROKA BIOSCIENCE, INC. (“Borrower”). This Addendum supplements the terms of the Loan and Security Agreement dated November 21, 2013 (as the same may be amended, modified, supplemented, extended or restated from time to time, collectively, the “Agreement”).
Loan and Security Agreement. Notwithstanding anything to the contrary contained herein, each of the parties hereby acknowledges that neither the execution of this Agreement, nor the consummation (or failure to consummate) the transactions contemplated hereby, shall release COL or the Surviving Corporation, as the case may be, from COL's obligations under the VDC Loan Agreement.
Loan and Security Agreement. The loan and security agreement, executed and delivered by ADM Sub and the Joint Sales Company as of the Effective Date and appended hereto as Exhibit F (the "Loan and Security Agreement") is the agreement pursuant to which ADM Sub will make available to the Joint Sales Company a credit facility.
Loan and Security Agreement. (ACCOUNTS AND INVENTORY)
Loan and Security Agreement. The Loan and Security Agreement by and between Southwall and the Bank, and the related Forbearance Agreement and guaranty executed by Xxxxxxx & Company, shall have been entered into, shall not have been modified without the consent of Xxxxxxx & Company, and shall remain in full force and effect; No Injunction. No statute, rule, regulation, executive order, decree, ruling or injunction shall have been enacted, entered, or promulgated by any court or governmental authority of competent jurisdiction that prohibits the consummation of any of the transactions contemplated by the Transaction Documents;
Loan and Security Agreement. This Loan and Security Agreement (this “Loan Agreement”) is made and entered into as of February 1, 2017, by and among GKS FUNDING LLC, as administrative agent (in such capacity “Agent”), the lenders party hereto (“Lenders”), and AGRITECH WORLDWIDE, INC., a Nevada corporation (“Borrower”).
