Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein.
Appears in 276 contracts
Samples: Possession Loan and Security Agreement, Loan Agreement, Loan and Security Agreement (LSB Industries Inc)
Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein; provided, that to the extent that the Code is used to define any term herein and such term is defined differently in different Articles of the Code, the definition of such term contained in Article 9 of the Code shall govern.
Appears in 174 contracts
Samples: Loan Agreement (Aspen Aerogels Inc), Credit Agreement (Performant Financial Corp), Credit Agreement (Salem Media Group, Inc. /De/)
Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein; provided, however, that to the extent that the Code is used to define any term herein and such term is defined differently in different Articles of the Code, the definition of such term contained in Article 9 of the Code shall govern.
Appears in 131 contracts
Samples: Credit Agreement (Sanfilippo John B & Son Inc), Credit Agreement (Sanfilippo John B & Son Inc), Credit Agreement (BOISE CASCADE Co)
Code. Any terms used in this Agreement that which are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein.
Appears in 39 contracts
Samples: Loan and Security Agreement (Angel Oak Mortgage, Inc.), Loan and Security Agreement (InPoint Commercial Real Estate Income, Inc.), Loan and Security Agreement (Iron Bridge Mortgage Fund LLC)
Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein; provided, however, that to the extent that the Code is used to define any term herein and such term is defined differently in different Articles of the Code, the definition of such term contained in Article 9 shall govern.
Appears in 36 contracts
Samples: Loan and Security Agreement (Freshpet, Inc.), Loan and Security Agreement (Freshpet, Inc.), Loan and Security Agreement (Freshpet, Inc.)
Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein, provided, however, that to the extent that the Code is used to define any term herein and such term is defined differently in different Articles of the Code, the definition of such term contained in Article 9 shall govern.
Appears in 21 contracts
Samples: Loan and Security Agreement (Atlanticus Holdings Corp), Loan and Security Agreement (Atlanticus Holdings Corp), Credit Agreement (Oasis Interval Ownership, LLC)
Code. Any terms used in this Agreement that which are defined in the Code shall be construed and defined as set forth in the Code Code, unless otherwise defined herein.
Appears in 18 contracts
Samples: Loan and Security Agreement (Polar Power, Inc.), Loan and Security Agreement (Optical Cable Corp), Loan and Security Agreement (Spar Group Inc)
Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein. The meaning of any term defined herein by reference to the Code will not be limited by reason of any limitation set forth on the scope of the Code, whether under Section 9-109 of the Code, by reason of federal preemption or otherwise.
Appears in 16 contracts
Samples: Credit and Security Agreement (IES Holdings, Inc.), Purchase Money Loan and Security Agreement (SAExploration Holdings, Inc.), Credit and Security Agreement (SAExploration Holdings, Inc.)
Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth from time to time in the Code unless otherwise defined herein.
Appears in 9 contracts
Samples: Loan Agreement (American Greetings Corp), Loan and Security Agreement (Harolds Stores Inc), Loan, Guaranty and Security Agreement (Geac Computer Corp LTD)
Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein; provided however, that to the extent that the Code is used to define any term herein and such term is defined differently in different Articles of the Code, the definition of such term contained in Article 9 shall govern.
Appears in 8 contracts
Samples: Loan and Security Agreement (Horizon Technology Finance Corp), Loan and Security Agreement (Horizon Technology Finance Corp), Loan and Security Agreement (Hercules Capital, Inc.)
Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein.; provided, that to the extent that the Code is used to define any term herein and such term is defined differently in different Articles of the Code, the definition of such term contained in Article 9 of the Code shall govern. 1.4
Appears in 8 contracts
Samples: Credit Agreement (BlueLinx Holdings Inc.), Credit Agreement (Nautilus, Inc.), Credit Agreement (Titan Machinery Inc.)
Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein; provided that to the extent that the Code is used to define any term herein and such term is defined differently in different Articles of the Code, the definition of such term contained in Article 9 of the Code shall govern.
Appears in 7 contracts
Samples: Credit Agreement (Acreage Holdings, Inc.), Credit Agreement (Acreage Holdings, Inc.), Credit Agreement (Greenrose Holding Co Inc.)
Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein; provided, that, to the extent that the Code is used to define any term herein and such term is defined differently in different Articles of the Code, the definition of such term contained in Article 9 of the Code shall govern.
Appears in 6 contracts
Samples: Credit Agreement (Seventy Seven Energy Inc.), Credit Agreement (Seventy Seven Energy Inc.), Credit Agreement (Unifi Inc)
Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein; PROVIDED, HOWEVER, that to the extent that the Code is used to define any term herein and such term is defined differently in different Articles of the Code, the definition of such term contained in Article 9 of the Code shall govern.
Appears in 4 contracts
Samples: Credit Agreement (WHX Corp), Credit Agreement (WHX Corp), Credit Agreement (WHX Corp)
Code. Any terms used in this Agreement that Agreement, which are defined in the Code Code, shall be construed and defined as set forth in the Code unless otherwise defined herein.
Appears in 4 contracts
Samples: Stock Pledge Agreement (Digital Recorders Inc), Loan and Security Agreement (Star Scientific Inc), Loan and Security Agreement (Lee Pharmaceuticals)
Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code Code, as it is amended from time to time, unless otherwise defined herein.
Appears in 4 contracts
Samples: Loan Agreement (Prospect Acquisition Corp), Loan Agreement (Prospect Acquisition Corp), Loan Agreement (Kennedy Wilson Inc)
Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein, provided, however, that to the extent that the Code is used to define any term herein and such term is defined differently in different Divisions of the Code, the definition of such term contained in Article 9 shall govern.
Appears in 4 contracts
Samples: Registration Rights Agreement (Bakers Footwear Group Inc), Registration Rights Agreement (Bakers Footwear Group Inc), Credit Agreement (Emrise CORP)
Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein, provided, however, that to the extent that the Code is used to define any term herein and such term is defined differently in different Articles of the Code, the definition of such term contained in Article 9 of the Code shall govern.
Appears in 3 contracts
Samples: Credit Agreement (Trizetto Group Inc), Credit Agreement (Sitel Corp), Credit Agreement (155 East Tropicana, LLC)
Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein; provided, however, that, to the extent that the Code is used to define any term herein and such term is defined differently in different Articles of the Code, the definition of such term contained in Article 9 of the Code shall govern.
Appears in 3 contracts
Samples: Credit Agreement (Delek US Holdings, Inc.), Credit Agreement (Avid Technology, Inc.), Credit Agreement (Delek US Holdings, Inc.)
Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein; provided however, that to the extent that the Code is used to define any term herein and such term is defined differently in different Articles of the Code, the definition of such term contained in Article 9 of the Code shall govern.
Appears in 3 contracts
Samples: Loan and Security Agreement (Hercules Capital, Inc.), Loan and Security Agreement (Hercules Capital, Inc.), Loan and Security Agreement (Hercules Capital, Inc.)
Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein; provided that, to the extent the Code is used to define any term herein and such term is defined differently in different Articles of the Code, the definition of such term contained in Article 9 of the Code shall govern.
Appears in 3 contracts
Samples: Credit Agreement (Vector Group LTD), Credit Agreement (Vector Group LTD), Credit Agreement (Vector Group LTD)
Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein. All Code definitions referenced in Section 1.1 or this Section 1.3 are incorporated herein by reference.
Appears in 2 contracts
Samples: Loan and Security Agreement (Reis, Inc.), Loan and Security Agreement (Reis, Inc.)
Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein.; provided that to the extent that the
Appears in 1 contract
Code. Any terms used in this Agreement that are defined in the Code ---- shall be construed and defined as set forth in the Code unless otherwise defined herein.
Appears in 1 contract
Samples: Loan and Security Agreement (System Software Associates Inc)
Code. Any terms used in this Agreement that which are defined in ---- the Code shall be construed and defined as set forth in the Code unless otherwise defined herein.
Appears in 1 contract
Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein.; provided, that to the
Appears in 1 contract
Code. Any terms used in this Agreement that which are defined ---- in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein.
Appears in 1 contract
Samples: Security Agreement (QMS Inc)
