NOTICE OF FINAL AGREEMENT. THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES RELATING TO THE SUBJECT MATTER HEREOF AND THEREOF AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES.
NOTICE OF FINAL AGREEMENT. BY SIGNING THIS DOCUMENT EACH PARTY REPRESENTS AND AGREES THAT: (A) THIS WRITTEN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES, (B) THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES, AND (C) THIS WRITTEN AGREEMENT MAY NOT BE CONTRADICTED BY EVIDENCE OF ANY PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OR UNDERSTANDINGS OF THE PARTIES.
NOTICE OF FINAL AGREEMENT. THIS AMENDMENT, THE OTHER LOAN DOCUMENTS AND THE INTERCREDITOR AGREEMENT REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES RELATING TO THE SUBJECT MATTER HEREOF AND THEREOF AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES. [Remainder of page intentionally left blank. Signature pages follow.]
NOTICE OF FINAL AGREEMENT. (a) In connection with the Loans, Borrower, Guarantors, and Lender have executed and delivered this Loan Agreement and the Loan Documents (collectively the “Written Loan Agreement”).
NOTICE OF FINAL AGREEMENT. It is the intention of each Obligor and Lender that the following NOTICE OF FINAL AGREEMENT be incorporated by reference into each of the Loan Documents (as the same may be amended, modified or restated from time to time). Each Obligor and Lender warrant and represent that the entire agreement made and existing by or among each Obligor and Lender with respect to the Loans is and shall be contained within the Loan Documents, and that no agreements or promises exist or shall exist by or among, any Obligor and Lender that are not reflected in the Loan Documents.
NOTICE OF FINAL AGREEMENT. THIS AGREEMENT, THE NOTES, ANY CONTRACTS OR INSTRUMENTS RELATING THERETO, REPRESENT THE ENTIRE AGREEMENT BETWEEN THE PARTIES, AND IT IS EXPRESSLY UNDERSTOOD THAT ALL PRIOR CONVERSATIONS OR MEMORANDA BETWEEN THE PARTIES REGARDING THE TERMS OF THIS AGREEMENT SHALL BE SUPERSEDED BY THIS AGREEMENT. ANY AMENDMENT, APPROVAL, OR WAIVER BY WESTERN OF THE TERMS OF THIS AGREEMENT, THE NOTES AND ANY CONTRACTS OR INSTRUMENTS RELATING THERETO, MUST BE IN WRITING OR CONFIRMED WRITING, AND SHALL BE EFFECTIVE ONLY TO THE EXTENT SPECIFICALLY SET FORTH IN SUCH WRITING. THIS AGREEMENT, IN CONJUNCTION WITH THE NOTES AND ANY CONTRACTS OR INSTRUMENTS RELATING THERETO, SHALL SERVE TO EVIDENCE THE TERMS OF THE ENTIRE AGREEMENT BETWEEN THE PARTIES. {The remainder of this page is intentionally left blank. Signature page follows.} Please acknowledge your acceptance of and agreement to the terms of this Agreement by dating and executing where indicated. Very truly yours, WESTERN NATIONAL BANK By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx President AGREED TO AND ACCEPTED AS OF THE 30th DAY OF JUNE 2011. BORROWER: XXXXXX GEOPHYSICAL COMPANY By: /s/ Xxxxxxx X. Xxxxxx Xxxxxxx X. Xxxxxx President By: /s/ Xxxxxxxxx X. Xxxxx Xxxxxxxxx X. Xxxxx Secretary
NOTICE OF FINAL AGREEMENT. As of the effective date of this Notice, Borrowers, Guarantors, and Lender have consummated a transaction pursuant to which Lender has agreed to make a loan or loans to Borrowers, to renew and extend an existing loan or loans to Borrowers, and to otherwise extend credit or make financial accommodations to or for the benefit of Borrowers, in an aggregate amount up to $17,807,269.78 (collectively, whether one or more, the “Loans”). In connection with the Loans, Borrowers and Lender and the undersigned Guarantors have executed and delivered and may hereafter execute and deliver certain agreements, instruments, and documents (collectively hereinafter referred to as the “Written Loan Agreement”). It is the intention of Borrowers, Lender, and Guarantors that this Notice be incorporated by reference into each of the written agreements, instruments, and documents comprising the Written Loan Agreement. Borrowers, Lender, and Guarantors each warrant and represent that the entire agreement made and existing by or among Borrowers, Lender, and Guarantors with respect to the Loan is and shall be contained within the Written Loan Agreement, as amended and supplemented hereby, and that no agreements or promises exist or shall exist by or among Borrowers, Lender, and Guarantors that are not reflected in the Written Loan Agreement. THE WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN AGREEMENTS BETWEEN THE PARTIES. Effective Date: February 9, 2016. ACKNOWLEDGED AND AGREED: GUARANTORS: DENETZ LOGISTICS, L.L.C., a Texas limited liability company By: /s/ Xxxx X. Xxxxxxxxx Xxxx X. Xxxxxxxxx, Manager /s/ Xxxx Xxxxxx Xxxxxxxxx Xxxx Xxxxxx Xxxxxxxxx, as co-trustee of the XXXX XXXXXX XXXXXXXXX TRUST created under Trust Agreement dated December 14, 2012 /s/ Xxxxxxx Xxx Xxxxxxxxx Xxxxxxx Xxx Xxxxxxxxx, as co-trustee of the XXXX XXXXXX XXXXXXXXX TRUST created under Trust Agreement dated December 14, 2012 /s/ Xxxx Xxxxxx Xxxxxxxxx Xxxx Xxxxxx Xxxxxxxxx, as co-trustee of the XXXX XXXXX XXXXXXXXX TRUST created under Trust Agreement dated December 14, 2012 /s/ Xxxxxxx Xxx Xxxxxxxxx Xxxxxxx Xxx Xxxxxxxxx, as co-trustee of the XXXX XXXXX XXXXXXXXX TRUST created under Trust Agreement dated December 14, 2012 FUTURE NEW DEAL, LTD., a Texas limited partnership By: Future New Deal II, LLC, Its general partner By: /s/ Xxxx Xxxxxxxxx Xxxx ...
NOTICE OF FINAL AGREEMENT. THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS EMBODY THE FINAL, ENTIRE AGREEMENT AMONG THE PARTIES HERETO AND THERETO AND SUPERSEDE ANY AND ALL PRIOR COMMITMENTS, AGREEMENTS, REPRESENTATIONS, AND UNDERSTANDINGS, WHETHER WRITTEN OR ORAL, RELATING TO THE SUBJECT MATTER HEREOF AND THEREOF AND MAY NOT BE CONTRADICTED OR VARIED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OR DISCUSSIONS OF THE PARTIES HERETO OR THERETO. THERE ARE NO ORAL AGREEMENTS AMONG THE PARTIES HERETO OR THERETO. THE PROVISIONS OF THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS MAY BE AMENDED OR WAIVED ONLY BY AN INSTRUMENT IN WRITING SIGNED BY THE RESPECTIVE PARTIES TO SUCH DOCUMENTS. [The remainder of this page is intentionally left blank. The signature pages follow.] SECOND COMMITMENT INCREASE AGREEMENT - Page 5 EXECUTED to be effective as of the date first above written. ADMINISTRATIVE AGENT: TEXAS CAPITAL BANK, NATIONAL ASSOCIATION By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Senior Vice President SECOND COMMITMENT INCREASE AGREEMENT – Administrative Agent’s Signature Page LENDER: XXXXX FARGO BANK, NATIONAL ASSOCIATION By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President SECOND COMMITMENT INCREASE AGREEMENT - Lender’s Signature Page [Xxxxx Fargo Bank, National Association] BORROWER: LGI HOMES, INC., a Delaware corporation By: /s/ Xxxx X. Xxxxx Xxxx X. Xxxxx, Chief Executive Officer LGI HOMES GROUP, LLC, a Texas limited liability company By: /s/ Xxxx X. Xxxxx Xxxx X. Xxxxx, Manager LGI HOMES-PRESIDENTIAL XXXX, LLC, a Texas limited liability company By: /s/ Xxxx X. Xxxxx Xxxx X. Xxxxx, Manager LGI HOMES-QUAIL RUN, LLC, a Texas limited liability company By: /s/ Xxxx X. Xxxxx Xxxx X. Xxxxx, Manager LGI HOMES – FW, LLC, a Texas limited liability company By: /s/ Xxxx X. Xxxxx Xxxx X. Xxxxx, Manager LGI HOMES – SAN TAN HEIGHTS, LLC, an Arizona limited liability company By: LGI Homes Group, LLC, a Texas limited liability company, its Manager By: /s/ Xxxx X. Xxxxx Xxxx X. Xxxxx, Manager SECOND COMMITMENT INCREASE AGREEMENT – Borrower’s Signature Page 1 of 13 LGI HOMES-TEXAS, LLC, a Texas limited liability company By: /s/ Xxxx X. Xxxxx Xxxx X. Xxxxx, Manager LGI HOMES-XXXXXX OAKS, LLC, a Texas limited liability company By: /s/ Xxxx X. Xxxxx Xxxx X. Xxxxx, Manager LGI HOMES AZ CONSTRUCTION, LLC, an Arizona limited liability company By: LGI Homes Group, LLC, a Texas limited liability company, its Manager By: /s/ Xxxx X. Xxxxx Xxxx X. Xxxxx, Manager ...
NOTICE OF FINAL AGREEMENT. THE AGREEMENT AND THE OTHER LOAN DOCUMENTS, AS THE SAME MAY BE AMENDED BY THIS AMENDMENT, REPRESENT THE FINAL AGREEMENT BETWEEN AND AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN AND AMONG THE PARTIES. LENDER: ADDRESS: SOVEREIGN BANK 0000 Xxxxxx Xxxx Dallas, TX 75225 By: /s/ Xxxxxxxxx Xxxxx Xxxxxxxxx Name: Xxxxxxxxx Xxxxx Xxxxxxxxx Title: Area President With copies of notices to: GARDERE XXXXX XXXXXX LLP 0000 Xxx Xxxxxx, Xxxxx 0000 Xxxxxx, XX 00000-0000 Attention: Xxxxxx X. Xxxx DEBTOR: ADDRESS: TGC INDUSTRIES, INC. 000 X. Xxxx Xxxx., Xxxxx 000 Xxxxx, XX 00000 By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: President & CEO
NOTICE OF FINAL AGREEMENT. Borrower and Lender, hereinafter referred to together as the “Parties” have entered into the Loan and in relation thereto, have executed the Loan Documents. It is the intention of the Parties that this disclaimer be incorporated by reference into each of the Loan Documents. The Parties warrant and represent that the entire agreement made between the Parties is contained within the Loan Documents, as amended and supplemented hereby, and that there exist no oral or other written agreements or promises between the Parties that are not reflected in the language of the Loan Documents. The Parties hereby take notice of and agree to the following: PURSUANT TO SUBSECTION 26.02(b) OF THE TEXAS BUSINESS AND COMMERCE CODE, A LOAN AGREEMENT IN WHICH THE AMOUNT INVOLVED THEREIN EXCEEDS $50,000.00 IN VALUE IS NOT ENFORCEABLE UNLESS THE AGREEMENT IS IN WRITING AND SIGNED BY THE PARTY TO BE BOUND OR BY THAT PARTY’S AUTHORIZED REPRESENTATIVE. PURSUANT TO SUBSECTION 26.02(c) OF THE TEXAS BUSINESS AND COMMERCE CODE, THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THE LOAN DOCUMENTS SHALL BE DETERMINED SOLELY FROM THE LOAN DOCUMENTS, AND ANY PRIOR ORAL AGREEMENTS BETWEEN THE PARTIES ARE SUPERSEDED BY AND MERGED INTO THE LOAN DOCUMENTS. CONSTRUCTION LOAN AGREEMENT -- PAGE 26 (CYPRESS/FAIRFIELD) THIS WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. In the event that any portion of this Notice of Final Agreement is found by a court of competent jurisdiction to be unenforceable in any respect, then the unenforceable provision will be modified to the extent necessary to be enforceable and to, as reasonably possible, reflect the intent of the Parties as reflected in this notice.
