NOTICE OF FINAL AGREEMENT. THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES RELATING TO THE SUBJECT MATTER HEREOF AND THEREOF AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES.
NOTICE OF FINAL AGREEMENT. BY SIGNING THIS DOCUMENT EACH PARTY REPRESENTS AND AGREES THAT: (A) THIS WRITTEN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES, (B) THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES, AND (C) THIS WRITTEN AGREEMENT MAY NOT BE CONTRADICTED BY EVIDENCE OF ANY PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OR UNDERSTANDINGS OF THE PARTIES.
NOTICE OF FINAL AGREEMENT. THIS WRITTEN AGREEMENT AND THE LOAN DOCUMENTS EXECUTED IN CONNECTION HEREWITH REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. [END] 124 Witness the due execution hereof by the respective duly authorized officers of the undersigned as of the date first written above. BORROWER: FIRST CHOICE ER, LLC By: /s/ Xxx Xxxxxxxx Name: Xxx Xxxxxxxx Title: Chief Financial Officer GUARANTORS: AJNH MEDICAL CENTER LLC, BASSWOOD MEDICAL CENTER LLC, COPPERWOOD MEDICAL CENTER LLC, EAGLES NEST MEDICAL CENTER LLC, ECC MANAGEMENT, LLC, FM CROSSING MEDICAL CENTER LLC, KATY ER CENTER LLC, KINGWOOD MEDICAL CENTER LLC, KUYKENDAHL MEDICAL CENTER LLC, LEAGUE CITY MEDICAL CENTER LLC, XXXXXXX MEDICAL CENTER LLC, MID-COLLIN COUNTY MEDICAL CENTER LLC, NORTH POWERS MEDICAL CENTER LLC, PEARLAND PARKWAY MEDICAL CENTER LLC, PFLUGERVILLE MEDICAL CENTER LLC, PLANO ERCARE CENTER LLC, SSH MEDICAL CENTER LLC, STERLING RIDGE MEDICAL CENTER LLC, WC MEDICAL CENTER LLC By: FIRST CHOICE ER, LLC, sole member of each of the companies listed above By: /s/ Xxx Xxxxxxxx Name: Xxx Xxxxxxxx Title: Chief Financial Officer GUARANTORS CONTINUED: OPFREE LICENSING LP, OPFREE RE INVESTMENTS, LTD. By: ECC MANAGEMENT, LLC, general partner of each of the companies listed above By: FIRST CHOICE ER, LLC its sole member By: /s/ Xxx Xxxxxxxx Name: Xxx Xxxxxxxx Title: Chief Financial Officer NON-GUARANTOR LOAN PARTIES: XXXXXX XXXXXX MEDICAL CENTER LLC, LITTLE ELM FM 423 MEDICAL CENTER LLC, SAN ANTONIO NACOGDOCHES MEDICAL CENTER LLC By: FIRST CHOICE ER, LLC, sole member of each of the companies listed above By: /s/ Xxx Xxxxxxxx Name: Xxx Xxxxxxxx Title: Chief Financial Officer ADMINISTRATIVE AGENT AND L/C ARRANGER: FIFTH STREET FINANCE CORP., a Delaware corporation By: Fifth Street Management LLC, a Delaware limited liability company, its Agent BY: /s/ Xxxxxx X. Xxxxxxxx Name: Xxxxxx X. Xxxxxxxx Title: Chief Investment Officer LENDER: FIFTH STREET FINANCE CORP., a Delaware corporation By: Fifth Street Management LLC, a Delaware limited liability company, its Agent BY: /s/ Xxxxxx X. Xxxxxxxx Name: Xxxxxx X. Xxxxxxxx Title: Chief Investment Officer Schedule 1.01 Competitors Name Address/Location City State ZIP AKRON GENERAL HEALTH & WELLNESS CENTER- GREEN 0000 XXXX XXXX XXXXXXXXX XXXXXXXXX XX 00000 AKRON GENERAL HEALTH & WELLNESS CENTER- NORTH 0000 XXXXX ...
NOTICE OF FINAL AGREEMENT. THIS AMENDMENT, THE OTHER LOAN DOCUMENTS AND THE INTERCREDITOR AGREEMENT REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES RELATING TO THE SUBJECT MATTER HEREOF AND THEREOF AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES. [Remainder of page intentionally left blank. Signature pages follow.]
NOTICE OF FINAL AGREEMENT. (a) In connection with the Loans, Borrower, Guarantors, and Lender have executed and delivered this Loan Agreement and the Loan Documents (collectively the “Written Loan Agreement”).
NOTICE OF FINAL AGREEMENT. It is the intention of each Obligor and Lender that the following NOTICE OF FINAL AGREEMENT be incorporated by reference into each of the Loan Documents (as the same may be amended, modified or restated from time to time). Each Obligor and Lender warrant and represent that the entire agreement made and existing by or among each Obligor and Lender with respect to the Loans is and shall be contained within the Loan Documents, and that no agreements or promises exist or shall exist by or among, any Obligor and Lender that are not reflected in the Loan Documents.
NOTICE OF FINAL AGREEMENT. As of the effective date of this Notice, Borrowers, Guarantors, and Lender have consummated a transaction pursuant to which Lender has agreed to make a loan or loans to Borrowers, to renew and extend an existing loan or loans to Borrowers, and to otherwise extend credit or make financial accommodations to or for the benefit of Borrowers, in an aggregate amount up to $17,807,269.78 (collectively, whether one or more, the “Loans”). In connection with the Loans, Borrowers and Lender and the undersigned Guarantors have executed and delivered and may hereafter execute and deliver certain agreements, instruments, and documents (collectively hereinafter referred to as the “Written Loan Agreement”). It is the intention of Borrowers, Lender, and Guarantors that this Notice be incorporated by reference into each of the written agreements, instruments, and documents comprising the Written Loan Agreement. Borrowers, Lender, and Guarantors each warrant and represent that the entire agreement made and existing by or among Borrowers, Lender, and Guarantors with respect to the Loan is and shall be contained within the Written Loan Agreement, as amended and supplemented hereby, and that no agreements or promises exist or shall exist by or among Borrowers, Lender, and Guarantors that are not reflected in the Written Loan Agreement. THE WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN AGREEMENTS BETWEEN THE PARTIES. Effective Date: February 9, 2016. ACKNOWLEDGED AND AGREED: GUARANTORS: DENETZ LOGISTICS, L.L.C., a Texas limited liability company By: /s/ Xxxx X. Xxxxxxxxx Xxxx X. Xxxxxxxxx, Manager /s/ Xxxx Xxxxxx Xxxxxxxxx Xxxx Xxxxxx Xxxxxxxxx, as co-trustee of the XXXX XXXXXX XXXXXXXXX TRUST created under Trust Agreement dated December 14, 2012 /s/ Xxxxxxx Xxx Xxxxxxxxx Xxxxxxx Xxx Xxxxxxxxx, as co-trustee of the XXXX XXXXXX XXXXXXXXX TRUST created under Trust Agreement dated December 14, 2012 /s/ Xxxx Xxxxxx Xxxxxxxxx Xxxx Xxxxxx Xxxxxxxxx, as co-trustee of the XXXX XXXXX XXXXXXXXX TRUST created under Trust Agreement dated December 14, 2012 /s/ Xxxxxxx Xxx Xxxxxxxxx Xxxxxxx Xxx Xxxxxxxxx, as co-trustee of the XXXX XXXXX XXXXXXXXX TRUST created under Trust Agreement dated December 14, 2012 FUTURE NEW DEAL, LTD., a Texas limited partnership By: Future New Deal II, LLC, Its general partner By: /s/ Xxxx Xxxxxxxxx Xxxx ...
NOTICE OF FINAL AGREEMENT. THIS AGREEMENT, THE NOTES, ANY CONTRACTS OR INSTRUMENTS RELATING THERETO, REPRESENT THE ENTIRE AGREEMENT BETWEEN THE PARTIES, AND IT IS EXPRESSLY UNDERSTOOD THAT ALL PRIOR CONVERSATIONS OR MEMORANDA BETWEEN THE PARTIES REGARDING THE TERMS OF THIS AGREEMENT SHALL BE SUPERSEDED BY THIS AGREEMENT. ANY AMENDMENT, APPROVAL, OR WAIVER BY WESTERN OF THE TERMS OF THIS AGREEMENT, THE NOTES AND ANY CONTRACTS OR INSTRUMENTS RELATING THERETO, MUST BE IN WRITING OR CONFIRMED WRITING, AND SHALL BE EFFECTIVE ONLY TO THE EXTENT SPECIFICALLY SET FORTH IN SUCH WRITING. THIS AGREEMENT, IN CONJUNCTION WITH THE NOTES AND ANY CONTRACTS OR INSTRUMENTS RELATING THERETO, SHALL SERVE TO EVIDENCE THE TERMS OF THE ENTIRE AGREEMENT BETWEEN THE PARTIES. {The remainder of this page is intentionally left blank. Signature page follows.} Please acknowledge your acceptance of and agreement to the terms of this Agreement by dating and executing where indicated. Very truly yours, WESTERN NATIONAL BANK By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx President AGREED TO AND ACCEPTED AS OF THE 30th DAY OF JUNE 2011. BORROWER: XXXXXX GEOPHYSICAL COMPANY By: /s/ Xxxxxxx X. Xxxxxx Xxxxxxx X. Xxxxxx President By: /s/ Xxxxxxxxx X. Xxxxx Xxxxxxxxx X. Xxxxx Secretary
NOTICE OF FINAL AGREEMENT. THE AGREEMENT AND THE OTHER LOAN DOCUMENTS, AS THE SAME MAY BE AMENDED BY THIS AMENDMENT, REPRESENT THE FINAL AGREEMENT BETWEEN AND AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN AND AMONG THE PARTIES. LENDER: ADDRESS: SOVEREIGN BANK 0000 Xxxxxx Xxxx Dallas, TX 75225 By: /s/ Xxxxxxxxx Xxxxx Xxxxxxxxx Name: Xxxxxxxxx Xxxxx Xxxxxxxxx Title: Area President With copies of notices to: GARDERE XXXXX XXXXXX LLP 0000 Xxx Xxxxxx, Xxxxx 0000 Xxxxxx, XX 00000-0000 Attention: Xxxxxx X. Xxxx DEBTOR: ADDRESS: TGC INDUSTRIES, INC. 000 X. Xxxx Xxxx., Xxxxx 000 Xxxxx, XX 00000 By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: President & CEO
NOTICE OF FINAL AGREEMENT. Each Loan Party shall have executed a notice in compliance with the provisions of Section 26.02 of the Texas Business and Commerce Code (the “Notice of Final Agreement”).
