General Purpose of Loan. Maker warrants and represents to the Payee that all loans evidenced by this Note are and will be for business, commercial, investment or other similar purpose.
General Purpose of Loan. The Companies warrants and represents to the Agent, Lenders and all other future owners and holders of the Senior Credit Notes that the Loan and all Advances under it are and will be for business, commercial, investment or other similar purpose and not primarily for personal, family, household or agricultural use, as such terms are used in Chapter 1D of the Texas Finance Code.
General Purpose of Loan. Maker warrants and represents to Payee, all other Holders and the Agent that all loans evidenced by this note are and will be for business, commercial, investment or other similar purpose and not primarily for personal, family, household or agricultural use, as such terms are used in the Texas Finance Code. HOMEBANC CORP., as comaker By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Executive Vice President HOMEBANC MORTGAGE CORPORATION, as comaker By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Executive Vice President ANNEX 1 to $155,000,000 HomeBanc Mortgage Corporation 8/04 Swing Line Note LOANS AND PAYMENTS OF PRINCIPAL AND INTEREST Date of Payment or Advance Payment Applied on (or advance vs.) Principal Payment Applied on Interest Principal Balance Interest Paid to
General Purpose of Loan. Makers warrant and represent to Payee and all other Holders that all Loans evidenced by this note are and will be for business, commercial, investment or other similar purpose and not primarily for personal, family, household or agricultural use, as such terms are used in Chapter 1D or in the Texas Finance Code. HARBOR FINANCIAL MORTGAGE CORPORATION By:_____________________________________ Richxxx X. Xxxxxx President NEW AMERICA FINANCIAL, INC. By:_____________________________________ Richxxx X. Xxxxxx Chairman of the Board LOANS AND PAYMENTS OF PRINCIPAL AND INTEREST ------------------------------------------------------------------------------------------------------------------------ Payment Applied Date of Payment on (or advance vs.) Payment Applied Name of Person or Advance Principal on Interest Principal Balance Interest Paid to Making Notation ------------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------------ 199 EXHIBIT E TO 12/97 A&R FACILITIES AGREEMENT HARBOR FINANCIAL MORTGAGE CORPORATION'S NEW AMERICA FINANCIAL, INC.'S AND HARBOR FINANCIAL GROUP, INC.'S LEGAL COUNSEL'S OPINION (Basic Form of Opinion of Counsel for 12/97 A&R Facilities Agreement) December 3, 1997 Texas Commerce Bank National Association, Agent Texas Commerce Bank National Association Bank One, Texas, N.A. Bank of Scotland The Bank of New York Guaranty Federal Bank, F.S.B. Hibernia National Bank PNC Bank Kentucky, Inc. Comerica Bank Bank United Fleet Bank N.A. National City Bank of Kentucky The First National Bank of Chicago c/o Texas Commerce Bank National Association 712 Xxxx Xxxxxx Xxxxxxx, Xxxxx 00000 Ladies and Gentlemen: We have acted as special counsel for each Obligor, Harbor Financial Group, Inc., a Delaware corporation (the "Guarantor"), and FirstCity Financial Corporation ("FirstCity") in connection with the captioned 12/97 Amended and Restated Facilities Agreement (the "12/97 A&R Facilities Agreement"). This opinion is rendered to you purs...
General Purpose of Loan. Maker warrants and represents to Payee, all other Holders and the Agent that all loans evidenced by this note are and will be for business, commercial, investment or other similar purpose and not primarily for personal, family, household or agricultural use, as such terms are used in the Texas Finance Code. HOMEBANC CORP., as comaker By: Name: Title: HOMEBANC MORTGAGE CORPORATION, as comaker By: Name: Title: ANNEX 1 to $ HomeBanc Corp. and HomeBanc Mortgage Corporation 8/05 Swing Line Note LOANS AND PAYMENTS OF PRINCIPAL AND INTEREST Date of Payment or Advance Payment Applied on (or advance vs.) Principal Payment Applied on Interest Principal Balance Interest Paid to Name of Person Making Notation EXHIBIT B TO 8/05 CREDIT AGREEMENT Request for Borrowing [Letterhead of a Company] [date] JPMorgan Chase Bank, N.A. 707 Xxxxxx, 0xx Xxxxx Xxxxx Xxxxxxx, Xxxxx 00000 Attention: Xxxxxxx X. Xxxxxxxxx, Corporate Mortgage Finance Group Ladies and Gentlemen: [HOMEBANC CORP.][HOMEBANC MORTGAGE CORPORATION] (the “Company”), an affiliate of the Company and JPMORGAN CHASE BANK, N.A. as a lender and as agent (the “Agent”) for the other lender(s) who are parties to it as lenders, and such other lenders (all such lenders, including JPMorgan Chase Bank, N.A. being herein called the “Lenders”) together executed a 8/05 Amended and Restated Senior Secured Credit Agreement dated August 1, 2005 (which, as it may have been or may hereafter be supplemented, amended or restated from time to time, is called the “Credit Agreement”). Any term defined in the Credit Agreement and used but not defined differently in this Request for Borrowing shall have the meaning given to it in the Credit Agreement. The Company currently qualifies under the Credit Agreement for, and hereby requests, an Advance in the amount of $ to be made on , 200 (or, if the Agent is closed that day, on the next day when it is not). After giving effect as required by the Credit Agreement to the requested Advance, the Borrowing Base will equal or exceed the outstanding principal balance of the Loan and such balance will not exceed the Aggregate Committed Sum.
General Purpose of Loan. Makers warrant and represent to Payee and all other Holders that all Loans evidenced by this note are and will be for business, commercial, investment or other similar purpose and not primarily for personal, family, household or agricultural use, as such terms are used in Chapter 1D of Title 79, Texas Rev. Civ. Stats. 1925, as amended, or in the Texas Finance Code.
General Purpose of Loan. Makers warrant and represents to Payee, all other Holders and the Agent that all loans evidenced by this note are and will be for business, commercial, investment or other similar purpose and not primarily for personal, family, household or agricultural use, as such terms are used in Chapter One of the Texas Credit Code. AMERICAN BUSINESS CREDIT, INC., as comaker By: --------------------------------------------- Name: ------------------------------------------- Title: ------------------------------------------ HOMEAMERICAN CREDIT, INC. (d/b/a Upland Mortgage), as comaker By: --------------------------------------------- Name: ------------------------------------------- Title: ------------------------------------------ NEW JERSEY MORTGAGE AND INVESTMENT CORP., as comaker By: --------------------------------------------- Name: ------------------------------------------- Title: ------------------------------------------ ANNEX 1 to $____________________ AMERICAN BUSINESS CREDIT, INC. and Affiliates' 12/00 [Lender's name] Senior Credit Note LOANS AND PAYMENTS OF PRINCIPAL AND INTEREST ------------------------------------------------------------------------------------------------------------------------------------ Payment Date of Applied on (or Payment Principal Interest Paid to Name of Person Payment or advance vs.) Applied on Balance Making Advance Principal Interest Notation ------------------------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------------------------ ---------------------------------------...
General Purpose of Loan. Each Borrower warrants and represents to the Seasoned Warehouse Agent, Lenders and all other future owners and holders of the Seasoned Warehouse Notes that all Seasoned Warehouse Revolving Loans are and will be for business, commercial,
General Purpose of Loan. Makers warrant and represent to Payee, all other Holders and the Agent that all loans evidenced by this note are and will be for business, commercial, investment or other similar purpose and not primarily for personal, family, household or agricultural use, as such terms are used in Chapter One of the Texas Credit Code. AMERICAN BUSINESS CREDIT, INC., as comaker By: --------------------------------------------- Name: ------------------------------------------- Title: ------------------------------------------ HOMEAMERICAN CREDIT, INC. (d/b/a Upland Mortgage), as comaker By: --------------------------------------------- Name: ------------------------------------------- Title: ------------------------------------------ NEW JERSEY MORTGAGE AND INVESTMENT CORP., as comaker By: --------------------------------------------- Name: ------------------------------------------- Title: ------------------------------------------ ANNEX 1 to $15,000,000 AMERICAN BUSINESS CREDIT, INC. and Affiliates' 12/00 Swing Line Note
General Purpose of Loan. Maker warrants and represents to Payee, all other Holders and the Agent that all loans evidenced by this note are and will be for business, commercial, investment or other similar purpose and not primarily for personal, family, household or agricultural use, as such terms are used in the Texas Finance Code. HOMEBANC MORTGAGE CORPORATION, as maker By: Name: Title: ANNEX 1 to $ HomeBanc Mortgage Corporation 12/03 [Lender’s name] Senior Credit Note LOANS AND PAYMENTS OF PRINCIPAL AND INTEREST Date of Payment or Advance Payment Applied on (or advance vs.) Principal Payment Applied on Interest Principal Balance Interest Paid to Name of Person Making Notation EXHIBIT A-2 TO 12/03 CREDIT AGREEMENT (The “12/03 Swing Line Note”) $80,000,000 Houston, Texas December 3, 2003
