PRELIMINARY STATEMENTS. The Bank has entered, or may from time to time enter, into agreements or arrangements with Avistar Communications Corporation, a Delaware corporation (the “Borrower”), providing for credit extensions or financial accommodation to the Borrower of any kind whatsoever including, without limitation, the making of loans, advances or overdrafts, whether or not secured, discount or purchase of notes, securities or other instruments or property, creation of acceptances, issuance or confirmation of letters of credit, guaranties or indemnities, entering into foreign exchange or precious metals contracts or interest rate or currency swap or protection agreements, entering into any other derivative transactions under any ISDA Master Agreement or similar agreements between the Bank and the Borrower, or any other kind of lease, contract or agreement under which the Borrower may be indebted to the Bank in any manner (all of the foregoing agreements or arrangements being the “Facilities” and any writing or record evidencing, supporting, securing, or delivered in connection with a Facility, including but not limited to this Guaranty, and including as may subsequently be renewed, extended, amended, modified, substituted and/or replaced, being a “Facility Document”).
PRELIMINARY STATEMENTS means the Preliminary Statements following the recital hereof.
PRELIMINARY STATEMENTS has the meaning set forth in Section 4.4(c).
Examples of PRELIMINARY STATEMENTS in a sentence
Plus any proceeds from the sale of RECs; (N)(Continued) PRELIMINARY STATEMENTS L.
PRELIMINARY STATEMENTS (1) The Grantor has entered into a Loan and Security Agreement, dated as of May 6, 2004 (as amended, restated, supplemented or otherwise modified from time to time, the "Loan Agreement"), with the Lender.
PRELIMINARY STATEMENTS The Borrower has acquired, and will acquire from time to time, Receivables from the Originator(s) pursuant to the Sale and Contribution Agreement.
PRELIMINARY STATEMENTS: WHEREAS, the Borrower has requested that the Lenders provide a revolving credit facility, and the Lenders have indicated their willingness to lend and the L/C Issuer has indicated its willingness to issue letters of credit, in each case, on the terms and subject to the conditions set forth herein.
PRELIMINARY STATEMENTS: On October 26, 2009, FairPoint, the other Loan Parties and their respective Subsidiaries filed voluntary petitions in the Bankruptcy Court (as hereinafter defined) for relief under Chapter 11 of the Bankruptcy Code (as hereinafter defined) and commenced the Chapter 11 Cases (as hereinafter defined).
More Definitions of PRELIMINARY STATEMENTS
PRELIMINARY STATEMENTS. The Bank has entered, or may from time to time enter, into agreements or arrangements with VERITS Software KK, a corporation organized under the laws of Japan, (the "Counterparty"), providing for credit extensions or financial accommodations to the Counterparty of any kind whatsoever, including but not limited to the making of loans, advances or overdrafts, whether or not secured, discount or purchase of notes, securities or other instruments or property, creation of acceptances, issuance or confirmation of letters of credit, guaranties or indemnities, entering into foreign exchange contracts or interest rate or currency swap or protection agreements or any other kind of contract or agreement under which the Counterparty may be indebted to the Bank in any manner (all of the foregoing agreements or arrangements being the "Transactions" and any writing evidencing, supporting or securing a Transaction being a "Transaction Document"). The Guarantor owns 100%, 100% and 100%, respectively, of the stock or other ownership interests of the Counterparty and is financially interested in its affairs.
PRELIMINARY STATEMENTS has the meaning ascribed thereto in section 2.4 hereof;
PRELIMINARY STATEMENTS. The Bank has entered into certain term loans in the aggregate principal amount not to exceed $3,000,000 as outlined in a Letter Agreement dated the date hereof with the parties identified from time to time on Schedule A attached hereto (collectively, the "BORROWERS") providing for credit extensions or financial accommodation to one or more of the Borrowers on said Schedule A (all of the foregoing credit extensions or financial accommodations being the "LOANS" and any writing evidencing, supporting or securing a Loan, including but not limited to this Guaranty, as the same may be amended, restated, renewed, updated, extended or supplemented from time to time, being a "FACILITY DOCUMENT"). Each of the Borrowers is a director and/or officer of the Guarantor. THEREFORE, in order to induce the Bank to extend credit or give financial accommodation under the Loans, the Guarantor agrees as follows:
PRELIMINARY STATEMENTS. A. Sunoco, LLC, a Delaware limited liability company (“Sunoco LLC”), Guarantor and Sunoco LP, and, solely for limited purposes, Energy Transfer Partners, L.P., a Delaware limited partnership (“ETP”), have entered into that certain Contribution Agreement, dated as of March 23, 2015, as amended (the “Contribution Agreement”), pursuant to which Guarantor has agreed to contribute to Sunoco LP 31.58% of the membership interests in Sunoco LLC (the “Contribution”). B. In connection with and in order to facilitate the Contribution, pursuant to the Indenture dated April 1, 2015 (the “Indenture”), the Sunoco Issuers issued $800 million in aggregate principal amount of 6.375% senior notes due 2023 (the “Supported Debt”). C. Pursuant to the terms of the Contribution Agreement, at the closing of the Contribution on the date hereof, (i) Sunoco LP distributed to Guarantor, in partial consideration for the Contribution, $775,000,013.00 in cash, financed entirely from the proceeds of the Supported Debt (the “Cash Consideration”) and (ii) Guarantor executed and delivered a guarantee dated as of even date herewith, providing for a guarantee of collection (but not of payment) for the principal amount due under the Supported Debt (the “ETP Retail Holdings Guarantee”), a copy of which is attached hereto as Exhibit A. D. Concurrently with the execution of this Agreement, Guarantor is distributing to the Support Provider, a portion of the Cash Consideration equal to $35,005,707.52 (the “Atlantic Distribution” and the proportion of the total Cash Consideration reflected by such Atlantic Distribution, which equals 4.52%, the “Atlantic Distribution Percentage”). Accordingly, in consideration of the Atlantic Distribution, Support Provider desires to enter into this Agreement to provide support to Guarantor in furtherance of the ETP Retail Holdings Guarantee in support of the Supported Debt, on the terms and subject to the conditions set forth herein. E. The Sunoco Issuers and Guarantor desire to enter into this Agreement and be bound by the terms and conditions set forth herein.
PRELIMINARY STATEMENTS means the preliminary statements to this Agreement.
PRELIMINARY STATEMENTS. The Bank has agreed to enter into agreements or arrangements with Marc X. Xxxxx xxx Debrx Xxxxx (xxllectively, the "Borrower") providing for the making of a loan to the Borrower in the principal amount of $8,500,000, with a 15 month term (the said loan herein called the "Facility", and any writing evidencing, supporting or securing the Facility, including but not limited to this Guaranty, being a "Facility Document"). The Facility Documents include a promissory note dated May 13, 1997, in the original principal amount of $8,500,000 (the "Note") and a first mortgage deed (the "Mortgage") securing the Note and covering certain real property on Clapxxxxx Xxxxx Xxxx, Xxxxxxxxx, XX (xxe "Mortgaged Premises"). The Guarantor is financially interested in the affairs of the Borrower.
PRELIMINARY STATEMENTS. I. Alabama Gas Corporation, an Alabama corporation (the “Company”), has entered into a Master Note Purchase Agreement dated as of June 5, 2015 (as amended, modified, supplemented or restated from time to time, the “Note Agreement”) with the Persons listed on the signature pages thereto (the “Purchasers”). Capitalized terms used herein have the meanings specified in the Note Agreement unless otherwise defined herein. II. The Company has authorized the issuance, pursuant to the Note Agreement, of its (a) 3.21% Series 2015 Senior Notes, Tranche A, due September 15, 2025 in the aggregate principal amount of $35,000,000 and (b) 4.31% Series 2015 Senior Notes, Tranche B, due December 1, 2045 in the aggregate principal amount of $80,000,000. Pursuant to the Note Agreement, the Company has issued and sold (a) $35,000,000 aggregate principal amount of its 3.21% Series 2015 Senior Notes, Tranche A, due September 15, 2025 and (b) $80,000,000 aggregate principal amount of its 4.31% Series 2015 Senior Notes, Tranche B, due December 1, 2045 (collectively, the “Initial Notes”). The Company is authorized to issue Additional Notes (as such term is defined in the Note Agreement) of one or more separate series from time to time pursuant to Section 1.2 of the Note Agreement. The Initial Notes, the Additional Notes and any other Notes that may from time to time be issued pursuant to the Note Agreement (including any notes issued in substitution for any of the Notes) are herein collectively called the “Notes” and individually a “Note”. III. Pursuant to the Note Agreement, the Company is required to cause [each][the] Guarantor to deliver this Subsidiary Guaranty Agreement to the holders. IV. [Each][The] Guarantor will receive direct and indirect benefits from the financing arrangements contemplated by the Note Agreement. The [Board of Directors] of [each][the] Guarantor has determined that the incurrence of such obligations is in the best interests of such Guarantor.