Examples of Fifth Forbearance Agreement in a sentence
The Revolving Note matured on January 31 , 2010 and Borrower has requested that Lender extend the Maturity Date in connection with the Fifth Forbearance Agreement as set forth below.
Xxxxxxx Title: Executive Vice President & Chief Financial Officer Signature Page to Fifth Forbearance Agreement By: AMERICAN HOMEPATIENT VENTURES, INC., its general partner /s/ Xxxxxxx X.
Xxxxxxx Title: Executive Vice President & Chief Financial Officer Signature Page to Fifth Forbearance Agreement AMERICAN HOMEPATIENT OF TEXAS, L.P., a Texas limited partnership By: AMERICAN HOMEPATIENT, INC., its general partner /s/Xxxxxxx X.
Xxxxxxx Title: Executive Vice President & Chief Financial Officer Signature Page to Fifth Forbearance Agreement COLORADO HOME MEDICAL EQUIPMENT ALLIANCE, LLC, a Colorado limited liability company By: AMERICAN HOMEPATIENT VENTURES, INC., its sole member /s/ Xxxxxxx X.
This Agreement shall remain in full force and effect until all indebtedness, obligations and liabilities of Borrower under the Fifth Forbearance Agreement, the Business Loan Agreement, the Notes and the other Loan Documents (the “Obligations”) have been paid and performed in full.
The Revolving Note is governed by the Loan Agreement dated January 9, 2007, among Borrower, Lender, and Guarantors (as defined therein) (as amended, supplemented or otherwise modified and including each forbearance agreement with respect thereto, including without limitation the Fifth Forbearance Agreement dated the date hereof, among the Borrower, Lender and Guarantors, the "Loan Agreement").
In consideration of the willingness of the Agent, on behalf of the Lenders, to enter this Fifth Forbearance Agreement Amendment, the Borrower, simultaneously with the execution of this Agreement, shall pay to the Agent for the account of each Lender a fee in an amount equal to .15% of such Lender's Commitment immediately prior to the execution of the Ninth Amendment (collectively, the "Fifth Forbearance Agreement Amendment Fees").
Simultaneously with the execution of this Fifth Forbearance Agreement Amendment, the Borrower shall execute and deliver to the Agent, on behalf of the Lenders, a Ninth Amendment to Credit Agreement (the "Ninth Amendment") in form of that attached hereto as Exhibit A.
Upon demand therefor, the Borrower shall pay all out-of-pocket expenses incurred by the Agent in connection with the negotiation, drafting and execution of this Fifth Forbearance Agreement Amendment and the exhibits hereto, including without limitation reasonable fees and expenses of the Agent's counsel.
This Fifth Forbearance Agreement Amendment may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but all of which shall constitute one and the same instrument.