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Farm Products. Authorization; Enforceability.
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The consolidated financial statements of Holdings and its Subsidiaries shall be reformulated as if such transaction and any related incurrence, repayment or assumption of Indebtedness had occurred on the first day of the applicable period. Excluding any such non-cash charge in respect of an item that was included in Net Income in a prior period and any non-cash charge that relates to the write-down or write-off of inventory or s receivable. Nature of Business; Permits and s; Tradenames.
In addition, the Borrowers hereby authorize the Swingline Lender to, and the Swingline Lender shall, subject to the terms and conditions set forth herein but without any further written notice requirednot later than p. In addition, any Lender, if requested by the Borrower White plains usa all personals or the Administrative Agent, shall deliver such other documentation prescribed by law or reasonably requested by the Borrower Representative or the Administrative Agent as will enable the Borrower Representative or the Administrative Agent to determine whether or not such Lender is subject to any withholding including backup withholding or information reporting requirements.
Mon - Sat 9am - 9pm Sun 10am - 8pm. The Loan Parties will furnish to the Administrative Agent and each Lender prompt but in any event within any time period that may be specified below written notice of the following:. Promptly following receipt of any such notice, the Administrative Agent shall advise the Lenders of the contents thereof. No condition exists or event has occurred which, in itself or with the giving of notice or lapse of time or both, would result in the suspension, revocation, impairment, forfeiture or non-renewal of any such permit,authorization, approval, entitlement or accreditation, except that could not reasonably be expected to result in a Material Adverse Effect, and there is no claim that any thereof is not in full force and effect.
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If the precise amount of insurance or condemnation proceeds allocable to Inventory as compared to Equipment, Fixtures and real property is not otherwise determined, the allocation and application of those proceeds shall be determined by the Administrative Agent, in its Permitted Discretion. The Borrower Representative may elect different options with respect to different portions of the affected Borrowing, in which case each such portion shall be allocated ratably among the Lenders holding the Loans comprising such Borrowing, and the Loans comprising each such portion shall be considered a separate Borrowing.
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The proceeds of the Loans will be used only to repay existing Indebtedness, pay transaction costs, fees and expenses associated with this Agreement and the Transactions, to personaps for Capital Expenditures and Permitted Acquisitions and to fund psrsonals working capital needs, and for general corporate purposes, of wite Borrowers in the ordinary course of business.
For purposes of this Agreement, Loans may be classified and referred to by Class e. The Senior Managing Agent, Lead Arranger and Bookrunner, in such capacities, shall not have any right, power, obligation, liability, responsibility or duty under this Agreement. Each Lender hereby represents that it is not relying on or looking to any margin stock for the repayment of the Borrowings provided for herein.
Standards of eligibility may be made more restrictive from time to time solely by the Administrative Agent in the exercise of its Permitted Discretion or restored to such standards as in effect on the Effective Datepersonald any such changes to be effective no later than three Business Days after delivery of notice thereof by the Administrative Agent to the Borrower Representative and Lenders.
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Successors and Ysa. Amendment of Material Documents. Reserve by Phone For more information about this distinctive New York spa, pereonals home massages in White Plains, and is less susceptible to injury and illness, and may help prevent the development of stress-related illnesses. Nothing in this Agreement or any other Loan Document will affect the right of any party to this Agreement to serve process in any other manner permitted by law.
Employment of Family Members.
The Administrative Agent shall distribute any such payments received by it for the of any other Person to the appropriate recipient promptly following receipt thereof. The Borrowers hereby empower and authorize the Borrower Representative, on behalf of the Borrowers, whie execute and deliver to the Administrative Agent and the Lenders the Loan Documents and all related agreements, certificates, documents, or instruments as shall be necessary or appropriate to effect the purposes of the Loan Documents, including, without limitation, the Borrowing Base Certificates and the Compliance Certificates.
Use of Proceeds. Expenses being reimbursed by the Borrowers under this Section include, without limiting the generality of the foregoing, costs and expenses incurred in connection with:.
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The wbite portions have been filed separately with the SEC. Security Interest in Collateral. Upon the acceptance of its appointment as Administrative Agent hereunder by a successor, such successor shall succeed to and become vested with all the rights, powers, privileges and duties of the retiring Administrative Agent, and the retiring Administrative Agent shall be discharged from its duties and obligations hereunder.
perssonals All terms of this Loan Perxonals apply to and may be enforced white plains usa all personals or on behalf of any domestic or foreign branch or Affiliate of any Lender that extended any portion of the Guaranteed Obligations. FDA Matters. Defined Terms. After the replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such replacement, but shall not be required to issue additional Letters of Credit.
No slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by any Loan Party infringes personaals or conflicts with any rights owned by any other Person, and no claim or litigation regarding any of the foregoing is pending or, to the knowledge of any Loan Party, threatened, except for such infringements and conflicts which could not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect.
Funding of Borrowings. F any other form prescribed by law as a basis for claiming exemption from, or a reduction of, U. The respective obligations of the Lenders hereunder are several and not t and the failure of any Lender to make any Loan or perform any of its obligations hereunder shall not relieve any other Lender from any of its obligations plaisn.
Unless otherwise defined herein, capitalized terms used in this Certificate have the meanings ascribed thereto in persojals Agreement. In furtherance of that requirement, each such Lender or Affiliate thereof shall furnish the Administrative Agent, from time to time after a plajns change therein or upon a request therefor, a summary of the amounts due or to become due in respect of such Banking Services Obligations and Swap Obligations. Upon the reasonable request of the Borrower Representative or the Administrative Agent, any Lender shall update any form or certification ly delivered pursuant to this Section 2.
Would you like to switch to the accessible version of this site. Person, any Lender with respect pegsonals such Borrower shall, if it is legally eligible to do so, deliver to the Borrower Representative and the Administrative Agent in such of copies reasonably requested by the Borrower Representative and the Administrative Pesronals on or prior to the date on which such Lender becomes a party hereto, duly completed and executed copies of whichever of the following is applicable:.