INTRODUCTORY STATEMENTS. 1. The Seller is the owner of the Receivables. The Seller proposes to sell to the Trust all of its right, title and interest in and to the Receivables and certain other property pursuant to the Sale and Servicing Agreement. The Trust will issue Notes pursuant to the Indenture.
INTRODUCTORY STATEMENTS. All capitalized terms not otherwise defined in this Agreement are used herein as defined in the Credit Agreement. The Borrower has requested that the Lenders agree to amend certain provisions of the Credit Agreement as hereinafter set forth. Subject to the terms and conditions hereof, the Lenders signatory to this Agreement are willing to agree to such amendments, but only upon the terms and conditions set forth herein. In consideration of the mutual agreements contained herein and other good and valuable consideration the receipt of which is hereby acknowledged, the parties hereto hereby agree as follows:
INTRODUCTORY STATEMENTS. 1.1 The northern cities, villages and townships of Oakland COUNTY are committed to protection of the natural environment and preventing toxic materials from entering their waterways and landfill resources.
INTRODUCTORY STATEMENTS. A. Reference is made to the Credit Agreement, dated as of May 5, 2000, (as amended to date, the "Credit Agreement"), by and among the Borrower, the Lenders listed on the signature pages hereof (collectively, the "Lenders") and the Agent. Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to such terms in the Credit Agreement.
INTRODUCTORY STATEMENTS. Funding Trust proposes to acquire the Receivables from the Company and simultaneously to sell to the Trust all of its right, title and interest in and to the Receivables and certain other property pursuant to the Sale and Servicing Agreement. The Trust will issue the Certificate pursuant to the Trust Agreement and Notes pursuant to the Indenture. Each Note will be secured by the Collateral. The Trust has requested that Financial Security issue a financial guaranty insurance policy guarantying certain distributions of interest and principal on the Notes on each Insured Distribution Date (including any such distributions subsequently avoided as a preference under applicable bankruptcy law) upon the terms, and subject to the conditions, provided herein. The parties hereto desire to specify the conditions precedent to the issuance of the Policy by Financial Security, the payment of premium in respect of the Policy, the indemnity and reimbursement to be provided to Financial Security in respect of amounts paid by Financial Security under the Policy or otherwise and certain other matters. In consideration of the premises and of the agreements herein contained, Financial Security, the Trust, the Company, Funding Trust and AmeriCredit hereby agree as follows:
INTRODUCTORY STATEMENTS. A. Pursuant to that certain Amended and Restated Credit Agreement, dated as of May 7, 1999 (as amended, supplemented or otherwise modified or restated from time to time, the “Pre-Filing Credit Agreement”), among Microcell Connexions Inc. and Microcell Solutions Inc. (collectively, the “Pre-Filing Borrowers”), Microcell Telecommunications Inc. (the “Pre-Filing Parent”), the lenders from time to time party thereto (collectively, the “Pre-Filing Lenders”), J.X. Xxxxxx Bank Canada, as administrative agent and collateral agent for the Pre-Filing Lenders, and National Bank of Canada, as letter of credit issuing bank, the Pre-Filing Lenders made loans and advances to, issued letters of credit for and/or provided other financial accommodations to, or on behalf of, the Pre-Filing Borrowers (collectively, the “Pre-Filing Loans”);
INTRODUCTORY STATEMENTS. A. Sellers are engaged in the business of designing, manufacturing and selling draglines and power shovels for surface mining along with components and spare parts therefor, as well as spare parts for previously manufactured drills (such business being herein referred to as the "Business").
INTRODUCTORY STATEMENTS. Pursuant to a Pooling and Servicing Agreement, dated as of September 1, 1996, made by and between the Company, as sponsor and master servicer, and Bankers Trust Company, as trustee (the "Trustee"), $92,121,000 Accredited Mortgage Loan Trust 1996-1 Mortgage Loan Asset-Backed Certificates, Series 1996-1, Class A-1 and Class A-2 Certificates (collectively, the "Securities"), together with Class B-1, Class B-2 and Class R Certificates, are being issued. The Company has requested that FSA issue a financial guaranty insurance policy guarantying certain distributions of the principal of and interest on the Securities (including any such distributions subsequently avoided as a preference under applicable bankruptcy law) upon the terms and subject to the conditions provided herein. The parties hereto desire to specify the conditions precedent to the issuance of the Policy by FSA, the payment of premium in respect of the Policy, the indemnity and reimbursement to be provided to FSA in respect of amounts paid by FSA under the Policy or otherwise and certain other matters. In consideration of the premises and of the agreements herein contained, FSA and the Company hereby agree as follows:
INTRODUCTORY STATEMENTS. Consolidation Loan Funding II, LLC, a Delaware limited liability company (the “Depositor”), has previously filed a registration statement with the Securities and Exchange Commission (the “Commission”) relating to the issuance and sale from time to time of student loan asset-backed notes. Goal Financial, LLC, a California limited liability company (formerly known as Student Loan Consolidation Center, LLC) (“Goal Financial”), owns a 99% non-voting membership interest in the Depositor and CLF II Management Corp., a Delaware corporation (“CLF II Management”), owns a 1% voting membership interest in the Depositor. The Depositor proposes to cause Higher Education Funding I (the “Trust”) to issue and sell to UBS Securities LLC, Deutsche Bank Securities Inc., Gxxxxxx, Sachs & Co. and Barclays Capital Inc. (each, an “Underwriter” and collectively, the “Underwriters”), $242,000,000 principal amount of its Student Loan Asset-Backed Notes, Series 2005-1, Class A-1, $269,000,000 principal amount of its Student Loan Asset-Backed Notes, Series 2005-1, Class A-2, $217,000,000 principal amount of its Student Loan Asset-Backed Notes, Series 2005-1, Class A-3, $171,000,000 principal amount of its Student Loan Asset-Backed Notes, Series 2005-1, Class A-4 and $101,000,000 principal amount of its Student Loan Asset-Backed Notes, Series 2005-1, Class A-5 (collectively, the “Series 2005-1 Notes”). The Trust has previously issued its Auction Rate Student Loan Asset Backed Notes, Senior Series 2004-1A-1 through Senior Series 2004-1A-15 in the aggregate principal amount of $900,000,000 (collectively, the “Series 2004-1 Notes”) and its Auction Rate Student Loan Asset-Backed Notes, Subordinate Series 2004-1B-1 and Subordinate Series 2004-1B-2 in the aggregate principal amount of $100,000,000 (the “Series 2004-1 Subordinate Notes” and, together with the Series 2004-1 Senior Notes, the “Series 2004-1 Notes”). The Series 2004-1 Notes were issued, and the Series 2005-1 Notes will be issued, pursuant to the terms and provisions of an Indenture of Trust, dated as of January 1, 2004 (the “General Indenture”), between the Trust and The Bank of New York, as indenture trustee (the “Indenture Trustee”) and as eligible lender trustee (the “Eligible Lender Trustee”), as previously amended and supplemented pursuant to the terms and provisions of a First Supplemental Indenture of Trust, dated as of January 1, 2004 (the “First Supplemental Indenture”), between the Trust and the Indenture Trustee, as ...
INTRODUCTORY STATEMENTS. Under that certain lease dated as of , 20 (together with any amendments, modifications, renewals or extensions thereof, whether now or hereafter existing, the “Lease”), the undersigned Borrower demised to Tenant the premises described in the Lease (the “Leased Premises”) and located on the real estate legally described in Exhibit A attached hereto and made a part hereof. Such real estate and the Improvements located thereon are herein referred to as the “Premises.” Lender has made a loan to Borrower (the “Loan”), which is evidenced by a certain Promissory Note (the “Note”), executed by Borrower in favor of Lender, and secured, in part, by that certain Deed of Trust, Security Agreement and Financing Statement dated as of the date of the Note (the “Mortgage”) entitling Lender to certain rights regarding all or part of the Premises and recorded on , on Film , Reception No. of the records of the Clerk and Recorder of the County in which the Premises are located. All of the rights, titles and interests of Lender with respect to the Premises, whether under the Mortgage or any other instrument are collectively referred to herein as “Lien Rights.” Lender, Borrower and Tenant desire to enter into this Agreement in connection with the Loan.
