“Available Equity Proceeds” means the cumulative net cash proceeds of any issuances of Qualified Equity Interests (other thanPermitted Cure Stock) after the Effective Date, as such amount may be reduced to reflect application pursuant to clause (h) of the definition of Permitted Acquisition, clause (p) of the definition of Permitted Investments or clause(i) of the definition of Capital Expenditures. “Authorized Officer” means, with respect to any Person, the chief executive officer, chief financial officer, president, vicepresident-controller, treasurer or vice president of such Person. “Agreement Among Lenders” means the Agreement Among Lenders, dated as of the date hereof, among the Revolving Loan Lenders,on the one hand, and the Term Loan Lenders, on the other hand, as such agreement may be amended, restated, supplemented or otherwise modified pursuant to the terms thereof. “Agent Advances” has the meaning specified therefor in Section 10.08(a). “Administrative Borrower” has the meaning specified therefor in Section 12.17.

Rights of Parties:

The Letters of Credit will be used for working capital and other general corporate purposes. Proceeds of the initial Loans shall have been applied in full to pay a portion of the Purchase Price payable pursuant to the Acquisition Documents for the Acquisition Assets and the closing andother costs relating thereto, and (iii) the Buyer shall have fully performed all of the obligations to be performed by it under the Acquisition Documents. Infurtherance and extension and not in limitation of the specific provisions set forth above, any action taken or omitted by the L/C Issuer under or in connection with the Letters of Credit issued by it or any Broke Millennial documents and certificates deliveredthereunder, if taken or omitted in good faith and without gross negligence or willful misconduct (as determined by a court of competent jurisdiction in a final nonappealable judgment), shall not put the L/C Issuer under any resulting liability tothe Borrowers or any Revolving Loan Lender.

L/C Issuer, and such other certificates, documents and other papers and information as the L/C Issuer may reasonably request. The Administrative Borrower, also has the right to give instructionsand make agreements with the L/C Issuer with respect to any application, any applicable letter of credit and related security agreement, any applicable letter of credit reimbursement agreement and/or any other applicable agreement, and thedisposition of applicable documents, and to agree with the L/C Issuer upon any amendment, extension or renewal of any Letter of Credit. Solely for purposes of this clause (h), “FATCA” shall include any amendments made to FATCA after the date of this Agreement. Subject to Section 2.05(c)(viii) below, not later than one (1) Business Day following the receiptby any Loan Party of any casualty insurance (other than business interruption insurance) or condemnation proceeds in respect of any Collateral in excess of $500,000 in any Fiscal Year, the Borrowers shall prepay the outstanding principal of theObligations in accordance with clause (d) below in an amount equal to 100% of such insurance or condemnation proceeds, net of any reasonable expenses incurred in collecting such insurance or condemnation proceeds, provided that thethreshold referred to above shall not be applicable to limit repayment obligations under this Section 2.05(vii) at any time when an Event of Default has occurred and is continuing.

Establish the Basics: Identifying Parties and Overview

A financial agreement is a legally binding contract that outlines the terms and conditions of a financial arrangement between two or more parties. Financial agreements can be used in various situations, such as loans, investment agreements, and financial assistance agreements. The rights and liabilities of the parties hereto shall bind and inure to the benefit of their respective successors, heirs, executors and administrators,as the case may be; provided that, as SPML has specifically contracted for Service Provider’s services, Service Provider may not assign or delegate its obligations under this Agreement either in whole or in part without the prior writtenconsent of SPML. The Administrative Borrower and the Additional BorrowerGuarantor, hereby represents andwarrants that as of the date hereof there are no claims or offsets against or defenses or counterclaims to their respective obligations under the Financing Agreement or any other Loan Document. All notices and other communications provided for hereunder shallbe in writing and shall be mailed (by certified mail, postage prepaid and return receipt requested), telecopied or delivered by hand, Federal Express or other reputable overnight courier, if to the Additional BorrowerGuarantor, to it at itsaddress set forth below its signature to this Agreement, and if to any Borrower, any Guarantor, any Lender or any Agent, to it at its address specified in the Financing Agreement or Joinder Agreement (as applicable); or as to any such Person at suchother address as shall be designated by such Person in a written notice to such other Person complying as to delivery with the terms of this Section 4.

For example, imagine a company being required to maintain a certain financial ratio above a certain calculated amount. Since this is imposing a requirement, it could technically be classified as a positive covenant. Meanwhile, financial covenants evaluate operating performance to ensure the overall health of the entity. Sometimes, multiple companies sign on as a party to a financial guarantee. In these cases, each guarantor is usually responsible for only a pro-rata portion of the issue. In other cases, however, guarantors may be responsible for the other guarantors’ portions if they default on their responsibilities.

1. In the event that (i) any Borrower shallacquire any new assets pursuant to an Acquisition or (ii) a new Borrower is added as a party to this Agreement under any circumstance, no such Accounts Receivable acquired in such Acquisition or belonging to such new Borrower shall, unlessotherwise approved by the Administrative Agent in the exercise of its sole and absolute discretion, be Eligible Accounts Receivable for any purpose hereunder until Administrative Agent shall have completed a Field Survey and Audit with respect tosuch assets/new Borrower.
2. Subject to the terms of this Agreement, at the option of the Administrative Borrower, each Revolving Loan, shallbe either a Reference Rate Loan or a LIBOR Rate Loan.
3. Other banks require a cash security deposit or form of collateral before they give out any credit.
4. Clearly outline rights, obligations, and terms for investors and companies.

Local Contracts

Post a project on ContractsCounsel today and receive bids from business lawyers and finance lawyers who specialize in finance lease agreements. Clearly outline How to buy gbtc rights, obligations, and terms for investors and companies. To enhance the legal validity of the financial agreement, consider including a section acknowledging legal review and specifying the governing law.

All lawyers are vetted by our team and peer reviewed by our customers for you to explore before hiring. The Agreement and any provisions, hereof, may be revised anytime within the term of the Agreement at the instance of either party. Revisions /changesshall be binding only if mutually agreed axi review by both parties. Revisions/Changes shall be written as an amendment to the Agreement and included as an annex to the original Agreement. Either party may terminate this Agreement without cause upon providing the other party with three (3) months advance written notice.