SENIOR LENDER DOCUMENTS Sample Clauses

SENIOR LENDER DOCUMENTS. The copies of the Senior Lender Documents attached hereto as Exhibits "C" and "D" are true, accurate and complete copies of the Senior Lender Documents now in effect.
Sample 1
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SENIOR LENDER DOCUMENTS the documents signed by Borrower governing and evidencing the Senior Debt and those documents securing the Senior Debt, including but not limited to any loan agreement, promissory note, security agreement and guarantee agreement, copies of which are attached hereto as Exhibits "B-1" and "B-2." Stock - the shares of stock of Borrower now owned and any shares hereafter issued to Leibman and Leibman's Affiliates, except for those shares owned throxxx xxx Borrxxxx'x 001(k) Plan and shares now owned by Leibman's children. Subject Documents - any of this Agreement (xxx xxx attached Schedules and Exhibits), the Lender Notes, the Security Agreement, the Consulting Agreement, the Warrants, the relevant SBA documents, and the other documents, instruments, and certificates delivered or to be delivered by Borrower or any of its Affiliates pursuant to the foregoing or in connection with the transactions contemplated thereby, as amended from time to time as permitted thereby. Subsidiary - any corporation, limited liability company, or other entity (other than a partnership or joint venture) of which Borrower owns, directly or indirectly, 50% or more of the voting power or in which Borrower has a 50% or greater economic interest or, with respect to which, in accordance with GAAP, the financial statements of such corporation, limited liability company or other entity are required to be consolidated with the financial statements of Borrower, or any partnership or joint venture with respect to which Borrower is or has liability as a partner (other than solely as a limited partner) and that is controlled or managed by Borrower, and with respect to which, in accordance with GAAP, the financial statements of such partnership or joint venture are required to be consolidated with the financial statements of Borrower, but expressly excluding arrangements that exist as a partnership only for tax purposes. Tangible Net Worth - as of any date, Borrower's net worth on a consolidated basis, excluding all intangible assets, as reflected on Borrower's balance sheet required to be provided Lender under Section 7 calculated in accordance with GAAP. Warrants - those certain warrants described in the Consulting Agreement which provide Lender the option to purchase 450,000 shares of GC which as of the Execution Date represents ownership of no less than, but approximately 5.0% of the outstanding shares of Borrower, as determined on a fully diluted basis after considering all issued but not ex...
Sample 1

Related to SENIOR LENDER DOCUMENTS

  • Senior Loan Documents The executed Senior Loan Documents are the same forms as approved by HUD prior to the date of this Agreement. Upon execution and delivery of the Senior Loan Documents, Borrower shall deliver to Subordinate Lender an executed copy of each of the Senior Loan Documents, certified to be true, correct and complete.

  • Financing Documents The CAC Credit Facility Documents, the Xxxxx Fargo Warehouse Securitization Documents, the Fifth Third Securitization Documents, the 2008-1 Securitization Documents and the 2009-1

  • Facility Documents Terminate, amend or otherwise modify any Facility Document or the Master Agency Agreement, or grant any waiver or consent thereunder, except in accordance with the terms thereof.

  • Guaranties, Collateral Documents and Other Loan Documents At any time after the execution and delivery thereof (i) any material Loan Guaranty for any reason ceasing to be in full force and effect (other than in accordance with its terms or as a result of the occurrence of the Termination Date) or being declared, by a court of competent jurisdiction, to be null and void or the repudiation in writing by any Loan Party of its obligations thereunder (other than as a result of the discharge of such Loan Party in accordance with the terms thereof and other than solely as a result of acts or omissions by the Administrative Agent or any Lender), (ii) this Agreement or any material Collateral Document ceasing to be in full force and effect (other than solely by reason of (x) the failure of the Administrative Agent to maintain possession of any Collateral actually delivered to it or the failure of the Administrative Agent to file UCC (or equivalent) continuation statements, (y) a release of Collateral in accordance with the terms hereof or thereof or (z) the occurrence of the Termination Date or any other termination of such Collateral Document in accordance with the terms thereof) or being declared null and void or (iii) the contesting by any Loan Party of the validity or enforceability of any material provision of any Loan Document (or any Lien purported to be created by the Collateral Documents or Loan Guaranty) in writing or denial by any Loan Party in writing that it has any further liability (other than by reason of the occurrence of the Termination Date), including with respect to future advances by the Lenders, under any Loan Document to which it is a party; it being understood and agreed that the failure of the Administrative Agent to maintain possession of any Collateral actually delivered to it or file any UCC (or equivalent) continuation statement shall not result in an Event of Default under this clause (k) or any other provision of any Loan Document; or

  • Credit Agreement; Loan Documents This Agreement or counterparts hereof shall have been duly executed by, and delivered to, Borrowers, each other Credit Party, Agent and Lenders; and Agent shall have received such documents, instruments, agreements and legal opinions as Agent shall reasonably request in connection with the transactions contemplated by this Agreement and the other Loan Documents, including all those listed in the Closing Checklist attached hereto as Annex D, each in form and substance reasonably satisfactory to Agent.

  • Credit Documents The Administrative Agent shall have received:

  • Agreement Documents 1. This Agreement consists of the following documents:

  • Guaranties, Collateral Documents and other Credit Documents At any time after the execution and delivery thereof, (i) the Guaranty for any reason, other than the satisfaction in full of all Obligations, shall cease to be in full force and effect (other than in accordance with its terms) or shall be declared to be null and void or any Guarantor shall repudiate its obligations thereunder, (ii) this Agreement or any Collateral Document ceases to be in full force and effect (other than by reason of a release of Collateral in accordance with the terms hereof or thereof or the satisfaction in full of the Obligations (other than Obligations in respect of any Hedge Agreement or Cash Management Agreement) in accordance with the terms hereof) or shall be declared null and void, or Collateral Agent shall not have or shall cease to have a valid and perfected Lien in any Collateral purported to be covered by the Collateral Documents with the priority required by the relevant Collateral Document, in each case for any reason other than the failure of Collateral Agent or any Secured Party to take any action within its control, or (iii) any Credit Party shall contest the validity or enforceability of any Credit Document in writing or deny in writing that it has any further liability, including with respect to future advances by Lenders, under any Credit Document to which it is a party or shall contest the validity or perfection of any Lien in any portion of the Collateral purported to be covered by the Collateral Documents, THEN, (1) upon the occurrence of any Event of Default described in Section 8.1(f) or 8.1(g) with respect to Borrower, automatically, and (2) upon the occurrence and during the continuance of any other Event of Default, at the request of (or with the consent of) Requisite Lenders, upon notice to Borrower by Administrative Agent, (A) the Revolving Commitments, if any, of each Lender having such Revolving Commitments and the obligation of Issuing Bank to issue any Letter of Credit shall immediately terminate; (B) each of the following shall immediately become due and payable, in each case without presentment, demand, protest or other requirements of any kind, all of which are hereby expressly waived by each Credit Party: (I) the unpaid principal amount of and accrued interest on the Loans, (II) an amount equal to the maximum amount that may at any time be drawn under all Letters of Credit then outstanding (regardless of whether any beneficiary under any such Letter of Credit shall have presented, or shall be entitled at such time to present, the drafts or other documents or certificates required to draw under such Letters of Credit), to be held as security for Borrower’s reimbursement Obligations in respect of Letters of Credit then outstanding and (III) all other Obligations (other than Hedge Agreements and Cash Management Agreements unless and to the extent such agreements are independently declared due and payable in accordance with their respective terms); provided, the foregoing shall not affect in any way the obligations of Lenders under Section 2.3(b)(v) or Section 2.4(e); and (C) Administrative Agent may cause Collateral Agent to enforce any and all Liens and security interests created pursuant to Collateral Documents.

  • Loan Documents The Requisite Lenders may direct the Administrative Agent to, and the Administrative Agent if so directed shall, exercise any and all of its rights under any and all of the other Loan Documents.

  • Execution of Credit Agreement; Loan Documents The Administrative Agent shall have received (i) counterparts of this Agreement, executed by a Responsible Officer of each Loan Party and a duly authorized officer of each Lender, (ii) for the account of each Lender requesting a Note, a Note executed by a Responsible Officer of the Borrower, (iii) counterparts of the Security Agreement and each other Collateral Document, executed by a Responsible Officer of the applicable Loan Parties and a duly authorized officer of each other Person party thereto, as applicable and (iv) counterparts of any other Loan Document, executed by a Responsible Officer of the applicable Loan Party and a duly authorized officer of each other Person party thereto.

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