Common use of Subsidiaries and Affiliates of Borrower Clause in Contracts

Subsidiaries and Affiliates of Borrower. To the extent the context of any provisions of this Agreement makes it appropriate, including without limitation any representation, warranty or covenant, the word “Borrower” as used in this Agreement shall include all of Borrower’s subsidiaries and affiliates. Notwithstanding the foregoing however, under no circumstances shall this Agreement be construed to require Lender to make any Loan or other financial accommodation to any of Borrower’s subsidiaries or affiliates. Successors and Assigns, All covenants and agreements by or on behalf of Borrower contained in this Agreement or any Related Documents shall bind Xxxxxxxx’s successors and assigns and shall inure to the benefit of Lender and Its successors and assigns. Borrower shall not, however, have the right to assign Borrower’s rights under this Agreement or any interest therein, without the prior written consent of Lender. Survival of Representations and Warranties, Xxxxxxxx understands and agrees that in extending Loan Advances, Xxxxxx is relying on all representations, warranties, and covenants made by Borrower in this Agreement or in any certificate or other instrument delivered -by Borrower to Lender under this Agreement or the Related Documents. Borrower further agrees that regardless of any investigation made by Lender, all such representations, warranties and covenants will survive the extension of Loan Advances and delivery to Lender of the Related Documents, shall be continuing in nature, shall be deemed made and related by Borrower at the firma each Loan Advance is made, and shall remain In full force and effect until such time as Borrower’s indebtedness shall be paid in full, or until this Agreement shall be terminated in the manner provided above, whichever is the Iasi to occur. Time is of the Essence. Time is of the essence in the performance of this Agreement.

Appears in 2 contracts

Samples: Business Loan Agreement (Vicor Technologies, Inc.), Business Loan Agreement (Vicor Technologies, Inc.)

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Subsidiaries and Affiliates of Borrower. To the extent the context of any provisions of this Agreement makes it appropriate, including without limitation any representation, warranty or covenant, the word "Borrower'' as used in this Agreement shall include all of Borrower’s 's subsidiaries and affiliates. Notwithstanding the foregoing however, under no circumstances shall this Agreement be construed to require Lender to make any Loan or other financial accommodation to any of Borrower’s 's subsidiaries or affiliates. Successors and Assigns, . All covenants and agreements by or on behalf of Borrower contained in this Agreement or any Related Documents shall bind Xxxxxxxx’s Borrower's successors and assigns and shall inure to the benefit of Lender and Its its successors and assigns. Borrower shall not, however, have the right to assign Borrower’s 's rights under this Agreement or any interest therein, without the prior written consent of Lender. Survival of Representations and Warranties, Xxxxxxxx . Borrower understands and agrees that in extending Loan Advances, Xxxxxx Lender is relying on all representations, warranties, and covenants made by Borrower in this Agreement or in any certificate or other instrument delivered -by by Borrower to Lender under this Agreement or the Related Documents. Borrower further agrees that regardless of any investigation made by Lender, all such representations, warranties and covenants will survive the extension of Loan Advances and delivery to Lender of the Related Documents, shall be continuing in nature, shall be deemed made and related redated by Borrower at the firma time each Loan Advance is made, and shall remain In in full force and effect until such time as Borrower’s indebtedness 's Indebtedness shall be paid in full, or until this Agreement shall be terminated in the manner provided above, whichever is the Iasi last to occur. Time is of the Essence. Time is of the essence in the performance of this Agreement.

Appears in 1 contract

Samples: Business Loan Agreement (Empowered Products, Inc.)

Subsidiaries and Affiliates of Borrower. To the extent the context of any provisions of this Agreement makes it appropriate, including without limitation any representation, warranty or covenant, the word "Borrower" as used in this Agreement shall include all of Borrower’s 's subsidiaries and affiliates. Notwithstanding the foregoing however, under no circumstances shall this Agreement be he construed to require Lender to make any Loan or other financial accommodation to any of Borrower’s 's subsidiaries or affiliates. , Successors and Assigns, . All covenants and agreements by or on an behalf of Borrower contained in this Agreement or any Related Documents shall bind Xxxxxxxx’s 's successors and assigns and shall inure to the benefit of Lender and Its its successors and assigns. Borrower shall not, however, have the right to assign Borrower’s Xxxxxxxx's rights under this Agreement or any interest therein, without the prior written consent of Lender. Survival of Representations and Warranties, Xxxxxxxx understands and agrees that in In extending Loan Advances, Xxxxxx is relying on all representations, warranties, and covenants made by Borrower in In this Agreement or in any certificate or other instrument delivered -by by Borrower to Lender under this Agreement or the Related Documents. Borrower further agrees that regardless of any investigation made by LenderXxxxxx, all such representations, warranties and covenants will survive the extension of Loan Advances and delivery to Lender of the Related Documents, shall be continuing in nature, shall be deemed made and related redated by Borrower Xxxxxxxx at the firma time each Loan Advance is Is made, and shall remain In in full force and effect until such time as Borrower’s indebtedness 's Indebtedness shall be paid in full, or until this Agreement shall be terminated in the manner provided above, whichever is Is the Iasi last to occur. Time is Is of the Essence. Time is Is of the essence in In the performance of this Agreement.

Appears in 1 contract

Samples: Change in Terms Agreement (Powin Corp)

Subsidiaries and Affiliates of Borrower. To the extent the context of any provisions of this Agreement makes it appropriate, including without limitation any representation, warranty or covenant, the word “Borrower” as used in this Agreement shall include all of Borrower’s subsidiaries and affiliates. Notwithstanding the foregoing however, under no circumstances shall this Agreement be construed to require Lender to make any Loan or other financial accommodation to any of Borrower’s subsidiaries or affiliates. Successors and Assigns, . All covenants and agreements contained by or on behalf of Borrower contained in this Agreement or any Related Documents shall bind Xxxxxxxx’s Borrowers successors and assigns and shall inure to the benefit of Lender and Its its successors and assigns. Borrower shall not, however, have the right to assign Borrower’s rights under this Agreement or any interest therein, without the prior written consent of Lender. BUSINESS LOAN AGREEMENT Loan No: 109080155 (Continued) Survival of Representations and Warranties, . Xxxxxxxx understands and agrees that in extending Loan Advances, Xxxxxx is relying on all representations, warranties, and covenants made by Borrower in this Agreement or in any certificate or other instrument delivered -by by Borrower to Lender under this Agreement or the Related Documents. Borrower further agrees that regardless of any investigation made by LenderXxxxxx, all such representations, warranties and covenants will survive the extension of Loan Advances and delivery to Lender of the Related Documents, shall be continuing in nature, shall be deemed made and related reciated by Borrower at the firma time each Loan Advance is made, and shall remain In in full force and effect until such time as Borrower’s indebtedness Indebtedness shall be paid in full, or until unfit this Agreement shall be terminated in the manner provided above, whichever is the Iasi last to occur. Time is of the Essence. Time is of the essence in the performance of this Agreement.

Appears in 1 contract

Samples: Business Loan Agreement (Rancon Realty Fund V)

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Subsidiaries and Affiliates of Borrower. To the extent the context of any provisions of this Agreement makes it appropriate, including without limitation any representation, warranty or covenant, the word “Borrower” as used in this Agreement shall include all of Borrower’s subsidiaries and affiliates. Notwithstanding the foregoing however, under no circumstances shall this Agreement be construed to require Lender to make any Loan or other financial accommodation to any of Borrower’s subsidiaries or affiliates. Successors and Assigns, . All covenants and agreements by or on behalf of Borrower contained in this Agreement or any Related Documents shall bind XxxxxxxxBorrower’s successors and assigns and shall inure to the benefit of Lender and Its its successors and assigns. Borrower shall not, however, have the right to assign Borrower’s rights under this Agreement or any interest therein, without the prior written consent of Lender. Survival of Representations and Warranties, Xxxxxxxx . Borrower understands and agrees that in extending Loan Advances, Xxxxxx Lender is relying on all representations, warranties, and covenants made by Borrower in this Agreement or in any certificate or other instrument delivered -by by Borrower to Lender under this Agreement or the Related Documents. Borrower further agrees that regardless of any investigation made by Lender, all such representations, warranties and covenants will survive the extension of Loan Advances and delivery to Lender of the Related Documents, shall be continuing in nature, shall be deemed made and related redated by Borrower at the firma time each Loan Advance is made, and shall remain In in full force and effect until such time as Borrower’s indebtedness Indebtedness shall be paid in full, or until this Agreement shall be terminated in the manner provided above, whichever is the Iasi last to occur. Time is of the Essence. Time is of the essence in the performance of this Agreement.

Appears in 1 contract

Samples: Business Loan Agreement (Super Vision International Inc)

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