To Pledgor after receipt by Escrow Agent of (i) written notice purportedly signed by the President of the Pledgor subsequent to November 15, 2008 that there is no pending and/or unsatisfied Event of Default as defined in the Pledge Agreement, and (ii) evidence that Secured Party received a copy of such notice prior to or simultaneously with receipt thereof by Escrow Agent, unless the Secured Party, on or before ten (10) days after receipt of such letter, delivers to Escrow Agent a written notice contesting the issue of whether there exists a pending and/or unsatisfied Event of Default.
To Pledgor. If Pledgeholder receives an affidavit sworn ----------- (or affirmed) by Pledgor stating that all Obligations have been fully paid, performed and otherwise satisfied, then Pledgeholder shall forthwith deliver a copy of the affidavit to Secured Parties. Upon the fifteenth (15th) day following delivery of such copy to Secured Parties, Pledgeholder shall deliver the Escrowed Documents to Pledgor, unless, on or before such fifteenth (15th) day, (a) Pledgeholder has been prohibited by order of a court of competent jurisdiction from delivering such Escrowed Documents to Pledgor or (b) Pledgeholder has received notice from any Secured Party objecting to Pledgor's affidavit and stating with particularity those certain Obligations remaining unpaid, unperformed or otherwise unsatisfied.
To Pledgor. The Mortgage Loan is evidenced by that certain Promissory Note in the original principal amount of Fifteen Million Eight Hundred Fifty Thousand and No/100 Dollars ($15,850,000.00), dated as of October 9, 2002 (the "Mortgage Note"), made by Pledgor in favor of Deutsche Banc Mortgage Capital, L.L.C., a Delaware limited liability company ("Original Lender"), secured by a Mortgage and Security Agreement, dated as of the date of the Mortgage Note (the "Mortgage") granting a security interest in the Real Property. The Mortgage Note and Mortgage have been assigned by Original Lender to Mortgage Lender. Pledgor represents, warrants and covenants that the Defeasance Note is identical in all material respects to the Mortgage Note, and each of Pledgor and Successor Borrower intend to report and treat, and shall report and treat, the Defeasance Note as a continuation of the Mortgage Note, and not as new indebtedness for all federal, state and local income tax purposes. Subject to the Waiver, Pledgor represents, warrants and covenants that it has satisfied the conditions set forth in the defeasance provisions of the Loan Documents to effectuate the assignment of the lien of the Mortgage and the defeasance of the Mortgage Loan on the date hereof, or such conditions have been waived in writing by Mortgage Lender. Pledgor will deliver on the date hereof a Certificate of Borrower in form and substance acceptable to Mortgage Lender, and Pledgor acknowledges that Successor Borrower will rely on such Certificate of Borrower and on the representations set forth herein as a condition to entering into this Agreement. Pledgor further acknowledges and agrees that all proceeds from the Pledged Collateral in excess of amounts due under the Defeasance Documents will be used to pay the reasonable expenses of Successor Borrower in making the payments due under the Defeasance Documents and managing its obligations under the Defeasance Documents and any balance will be the sole property of Successor Borrower.
To Pledgor. Denbury Resources Inc. 0000 Xxxxxxxx Xxxxxxx, Xxxxx 0000 Xxxxx, Xxxxx 00000 Attn: Xxxx Xxxxxxx Fax No.: (000) 000-0000 To Pledgee: JPMorgan Chase Bank, N.A., as Administrative Agent for Banks 0000 Xxxx Xxxxxx, 3rd Floor Mail Code TX1-2911 Xxxxxx, Xxxxx 00000 Attn: Xxxxxxxx X. Xxxxxxxxx Fax No.: (000) 000-0000 or to such other address or to the attention of such other individual as hereafter shall be designated in writing by the applicable party sent in accordance herewith. Any such notice or communication shall be deemed to have been given (a) in the case of personal delivery or delivery service, as of the date of first attempted delivery at the address or in the manner provided herein, (b) in the case of telecopy, upon receipt, or (c) in the case of registered or certified United States mail, three (3) days after deposit in the mail.
To Pledgor. Ronald J. Naples 411 Wister Road Wynnewood, PA 19090
To Pledgor. 5. Except as specifically amended hereby, the Agreement shall remain in full force and effect. Notwithstanding anything contained herein, the terms of this Amendment are not intended to and do not effect a novation of the Agreement. Pledgor hereby ratifies and reaffirms each of the terms and conditions of the Agreement and all of its obligations thereunder. Pledgor hereby agrees that all liens and security interest securing payment of the Obligations are hereby renewed, ratified and brought forward as security for the payment and performance of the Obligations.
