FC Entity definition
Examples of FC Entity in a sentence
No Relevant FC Entity has any knowledge of any Private Authorization or Government Authorization required for the execution, delivery and performance of this Agreement and the other Related Documents by any Relevant FC Entity that has not been obtained which is not listed on Schedule 2.1(c) hereto.
No Person assisted in or brought about the negotiation of this Agreement or the purchase and sale of any of the Subject Securities in the capacity of broker, agent or finder or in any similar capacity on behalf of any Relevant FC Entity or Affiliate thereof or any of the officers, directors or equity holders of any of the foregoing.
Neither this Agreement nor any certificate, document or schedule furnished by or on behalf of any Relevant FC Entity in connection herewith, taken as a whole, contains any untrue statement of a material fact or omits to state a material fact required to be stated herein or therein or necessary in order to make the statements contained herein or therein, in light of the circumstances in which they are made, not misleading.
Each of the FC Entities has filed all federal and state tax returns or reports required of it, including but not limited to, income, franchise, employment, and sales taxes, and has paid all tax liability to the extent the same has become due and before it may have become delinquent in accordance with such returns, and Borrower and Guarantor know of no pending investigations of any FC Entity by any taxing authority, or of any material pending but unassessed tax liability.
Notwithstanding any other provision of this Agreement, no provision of this Agreement shall create any contractual security interest in the property of or impose any contractual limitations upon FirstCity Commercial Corporation, a Texas corporation, FH Partners LLC, a Texas limited liability company, FLBG Corporation, a Texas corporation or any of their subsidiaries or other entities identified on Exhibit P and no such Person shall be a FC Entity for any purpose of this Agreement.
Each of the FC Entities has delivered to the Bank its financial statements and such financial statements have been prepared in accordance with generally accepted accounting principles and fairly reflect the financial condition of such FC Entity as of such dates and fairly reflect the results of the operations and/or businesses of such FC Entity for the periods then ended.
There is no action, suit, or proceeding, at law or in equity, or by or before any court or Governmental Authority, pending or threatened against or affecting any FC Entity (other than a FC Diversified Subsidiary or FC Portfolio Subsidiary), which, if adversely determined, would materially adversely affect the financial condition of any FC Entity or the ability of any FC Entity to perform its obligations as contemplated by this Agreement or the Loan Papers.
The execution, delivery and performance of this Agreement and each of the other Related Documents to which a Relevant FC Entity is a party have, as to such Relevant FC Entity, been duly authorized by all necessary corporate or other applicable action by such Relevant FC Entity.
There is no action, suit, or proceeding, at law or in equity, or by or before any court or Governmental Authority, pending or threatened against or affecting any FC Entity involving the validity or enforceability of any of the Loan Papers.
There has been no material adverse change in the condition, financial or otherwise, of any of the FC Entities since the date of the last financial statement furnished by such FC Entity to the Bank.