Common use of Acknowledgments and Stipulations Clause in Contracts

Acknowledgments and Stipulations. Borrower acknowledges and stipulates that each of the Loan Documents executed by Borrower creates legal, valid and binding obligations of Borrower that are enforceable against Borrower in accordance with the terms thereof; all of the indebtedness under the Loan Agreement, the Note and the other Loan Documents is owing and payable without defense, offset or counterclaim (and to the extent there exists any such defense, offset or counterclaim on the date hereof, the same is hereby knowingly and voluntarily waived by Borrower); the security interests and liens granted by Borrower in favor of Bank are duly perfected, first priority security interests and liens; and at the beginning of business on March 29, 2018, the unpaid principal amount of the Line of Credit totaled $38,370,223.74

Appears in 2 contracts

Sources: Loan Agreement, Loan Agreement (Applied Optoelectronics, Inc.)

Acknowledgments and Stipulations. Borrower acknowledges and stipulates that each of the Loan Documents executed by Borrower creates legal, valid and binding obligations of Borrower that are enforceable against Borrower in accordance with the terms thereof; all of the indebtedness under the Loan Agreement, the Note Notes and the other Loan Documents is owing and payable without defense, offset or counterclaim (and to the extent there exists any such defense, offset or counterclaim on the date hereof, the same is hereby knowingly and voluntarily waived by Borrower); the security interests and liens granted by Borrower in favor of Bank are duly perfected, first priority security interests and liens; and at the beginning of business on March 2930, 20182021, the unpaid principal amount of the Line of Credit totaled $38,370,223.7418,700,000.

Appears in 1 contract

Sources: Loan Agreement (Applied Optoelectronics, Inc.)

Acknowledgments and Stipulations. Borrower acknowledges and stipulates that each of the Loan Documents executed by Borrower creates legal, valid and binding obligations of Borrower that are enforceable against Borrower in accordance with the terms thereof; all of the indebtedness under the Loan Agreement, the Note Notes and the other Loan Documents is owing and payable without defense, offset or counterclaim (and to the extent there exists any such defense, offset or counterclaim on the date hereof, the same is hereby knowingly and voluntarily waived by Borrower); the security interests and liens granted by Borrower in favor of Bank are duly perfected, first priority security interests and liens; and at the beginning of business on March 29December 27, 20182021, the unpaid principal amount of the Line of Credit totaled $38,370,223.744.717.

Appears in 1 contract

Sources: Loan Agreement (Applied Optoelectronics, Inc.)

Acknowledgments and Stipulations. Borrower acknowledges and stipulates that each of the Loan Documents executed by Borrower creates legal, valid and binding obligations of Borrower that are enforceable against Borrower in accordance with the terms thereof; all of the indebtedness under the Loan Agreement, the Note Notes and the other Loan Documents is owing and payable without defense, offset or counterclaim (and to the extent there exists any such defense, offset or counterclaim on the date hereof, the same is hereby knowingly and voluntarily waived by Borrower); the security interests and liens granted by Borrower in favor of Bank are duly perfected, first priority security interests and liens; and at the beginning of business on March 29September 27, 20182019, the unpaid principal amount of the Line of Credit totaled $38,370,223.7420,000,000.

Appears in 1 contract

Sources: Loan Agreement (Applied Optoelectronics, Inc.)

Acknowledgments and Stipulations. Borrower acknowledges and stipulates that each of the Loan Documents executed by Borrower creates legal, valid and binding obligations of Borrower that are enforceable against Borrower in accordance with the terms thereof; all of the indebtedness under the Loan Agreement, the Note Notes and the other Loan Documents is owing and payable without defense, offset or counterclaim (and to the extent there exists any such defense, offset or counterclaim on the date hereof, the same is hereby knowingly and voluntarily waived by Borrower); the security interests and liens granted by Borrower in favor of Bank are duly perfected, first priority security interests and liens; and at the beginning of business on March 295, 20182019, the unpaid principal amount of the Line of Credit totaled $38,370,223.740.00.

Appears in 1 contract

Sources: Loan Agreement (Applied Optoelectronics, Inc.)

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that each of the Loan Credit Agreement and the other Credit Documents executed by such Borrower creates are legal, valid and binding obligations of such Borrower that are enforceable against such Borrower in accordance with the terms thereof; all of the indebtedness under the Loan Agreement, the Note and the other Loan Documents is Obligations are owing and payable without defense, offset or counterclaim (and to the extent there exists any such defense, offset or counterclaim on the date hereof, the same is hereby knowingly and voluntarily waived by such Borrower); the security interests and liens granted by each Borrower in favor of Bank Lender are duly perfected, first priority security interests and liensliens subject only to Permitted Liens; and at the beginning of business on March 29, 2018, the unpaid principal amount of the Line Loans and the issued and outstanding Letters of Credit on and as of the close of business on July 10, 2006, totaled $38,370,223.74321,373,424.14.

Appears in 1 contract

Sources: Credit and Security Agreement (PNA Group Holding CORP)

Acknowledgments and Stipulations. Borrower acknowledges and stipulates that each of the Loan Documents executed by Borrower creates legal, valid and binding obligations of Borrower that are enforceable against Borrower in accordance with the terms thereof; all of the indebtedness under the Loan Agreement, the Note Notes and the other Loan Documents is owing and payable without defense, offset or counterclaim (and to the extent there exists any such defense, offset or counterclaim on the date hereof, the same is hereby knowingly and voluntarily waived by Borrower); the security interests and liens granted by Borrower in favor of Bank are duly perfected, first priority security interests and liens; and at the beginning of business on March 29January 31, 20182019, the unpaid principal amount of the Line of Credit totaled $38,370,223.740.00 and the unpaid principal amount of the CapEx Loan totaled $18,842,973.01.

Appears in 1 contract

Sources: Loan Agreement (Applied Optoelectronics, Inc.)