IBM CREDIT CORPORATION Clause Samples

IBM CREDIT CORPORATION. Conditional Sales Contract, dated September 1, 1998, between IBM and Riviera Operating Corporation.

IBM CREDIT CORPORATION. By: Tho▇▇▇ ▇. ▇▇▇▇▇▇ Title: Manager of Credit, Commercial and Specialty Financing IKB CAPITAL CORPORATION as Lender By: Dav▇▇ ▇▇▇▇▇▇ Title: President 104 106

IBM CREDIT CORPORATION. By: ------------------------------------------------- ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Address: ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ IMPERIAL BANK By: ------------------------------------------------- ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Senior Vice President Address: ▇▇▇ ▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ KEY BANK NATIONAL ASSOCIATION. By: ------------------------------------------------- Name: Title: Address: ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇ ▇. ▇▇▇▇▇ METROPOLITAN LIFE INSURANCE COMPANY By: ------------------------------------------------- Name: Title: Address: ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇.▇. ▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ NATIONAL CITY BANK By: ------------------------------------------------- ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Address: ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ SENIOR FLOATING RATE FUND By: ------------------------------------------------- ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Assistant Vice President Address: ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: ▇▇▇ ▇▇▇▇▇ PRINCIPAL LIFE INSURANCE COMPANY BY: PRINCIPAL CAPITAL MANAGEMENT, LLC A DELAWARE LIMITED LIABILITY COMPANY ITS AUTHORIZED SIGNATORY By: ------------------------------------------------- Name: Title By: ------------------------------------------------- Name: Title Address: ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇▇▇▇▇ SANWA BANK CALIFORNIA By: ------------------------------------------------- ▇▇▇▇▇ ▇. ▇▇▇▇ Vice President Address: ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇ ▇. ▇▇▇▇ KZH SOLEIL-2 LLC By: ------------------------------------------------- Name: Title Address: ▇/▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bank ▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ - ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ KZH SHOSHONE LLC By: ------------------------------------------------- Name: Title Address: ▇/▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bank ▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ - ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ TRANSAMERICA BUSINESS CREDIT CORPORATION By: ------------------------------------------------- ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Senior Vice President Address: ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇...

IBM CREDIT CORPORATION. IWCF ATTACHMENT C INVENTORY AND WORKING CAPITAL FINANCING AGREEMENT ("IWCF AGREEMENT") COMPLIANCE CERTIFICATE TO: IBM CREDIT CORPORATION (INSERT RFC ADDRESS) The undersigned authorized officers of Information Technology Services, Inc. ("Info Tech"), hereby certify on behalf of the Customer, with respect to the Inventory and Working Capital Financing Agreement executed by and between Info Tech and IBM Credit Corporation ("IBM Credit") on September 24, 1996, as amended from time to time (the "Agreement"), that (A) Info Tech has been in compliance for the period from June 1, 1996 to August 31, 1996 with the financial covenants set forth in Attachment A to the Agreement, as demonstrated below, and (B) no Default has occurred and is continuing as of the date hereof, except, in either case, as set forth below. All capitalized terms used herein and not otherwise defined shall have the meanings assigned to them in the Agreement.

IBM CREDIT CORPORATION. ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Equipment Covered: Various Computer Equipment Lease Date: March 2001 Lease Term: 36 Each Lease Payment: $4,550.00/month

IBM CREDIT CORPORATION. By: ----------------------------------- Name: Title: NEMEAN CLO, LTD. By: ING Capital Advisors LLC, as Investment Manager By: ----------------------------------- Name: Title: ARCHIMEDES FUNDING II, LTD. By: ING Capital Advisors LLC, as its Collateral By: ----------------------------------- Name: Title: ARCHIMEDES FUNDING III, LTD. By: ING Capital Advisors LLC, as Collateral Manager By: ----------------------------------- Name: Title: Execution Copy KZH ING-1 LLC By: ----------------------------------- Name: Title: -57- Execution Copy KZH ING-2 LLC By: ----------------------------------- Name: Title: Execution Copy MORGAN GUARANTY TRUST COMPANY OF NEW YORK By: ----------------------------------- Name: Title: Execution Copy MERITA-NORDBANKEN GROUP By: ----------------------------------- Name: Title: By: ----------------------------------- Name: Title: Execution Copy MERRILL LYNCH SENIOR FLOATING RATE FUND, ▇▇C. By: ----------------------------------- Name: Title: MERRILL LYNCH PRIME RATE PORTFOLIO ▇▇: ▇▇▇▇ill Lynch Investment Managers, L.P., as Investment Advisor By: ----------------------------------- Name: Title: Execution Copy MORGAN STANLEY DEAN WITTER PRI▇▇ ▇▇▇O▇▇ ▇▇▇▇▇ By: ----------------------------------- Name: Title: HARBOURVIEW CDO II, LTD. By: Oppenheimer Funds, as its ▇▇▇▇▇▇▇▇▇▇ Manager By: ----------------------------------- Name: Title: OPPENHEIMER SENIOR FLOATING RATE FUND ▇▇: Oppenheimer Funds, as its ▇▇▇▇▇▇▇▇▇▇ Manager By: ----------------------------------- Name: Title: NUVEEN FLOATING RATE FUND By: John Nuveen, as its Collateral Manager By: ----------------------------------- Name: Title: -66- NUVEEN SENIOR INCOME FUND By: John Nuveen, as its Collateral Manager By: ----------------------------------- Name: Title: ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇▇▇ ▇▇: ----------------------------------- Name: Title: -68- Execution Copy SOCIETE GENERALE By: ----------------------------------- Name: Title: STANFIELD CLO, LTD. By: St▇▇▇▇▇▇▇ ▇apital Partners LLC as its Collateral Manager By: ----------------------------------- Name: Title: STANFIELD/RMF TRANSATLANTIC CDO, LTD. ▇y: Stanfield Capital Partners LLC as its Collateral Manager By: ----------------------------------- Name: Title: Execution Copy SUMITOMO TRUST AND BANKING CO., LTD. By: ----------------------------------- Name: Title: TORONTO DOMINION (TEXAS), INC. By: ----------------------------------- Name: Title: Execution Copy UBS AG, STAMFORD BRANCH By: ----------------------------------- Name: ...

IBM CREDIT CORPORATION. WARRANTY: Lessee represents and warrants that on the Effective Date of Purchase 1) the Lessee Components are in good operating condition and qualify for maintenance by the manufacturer without additional expense 2) the Lessee Components including all features, subassemblies and parts therein are genuine as manufactured and assembled, and 3) the Lessee Components will be owned by Lessee free and clear of all liens, encumbrances, security interests or charges of any kind. Lessee hereby assigns to Lessor any and all remaining rights with respect to the Lessee's Components under the "Warranties" and "Patents and Copyrights" provisions of the agreement under which they were installed.

IBM CREDIT CORPORATION. REGION MANAGER DATE $ AMOUNT OF TERM LOAN ADVANCE ATTACHMENT A, ("IWCF ATTACHMENT A") TO INVENTORY AND WORKING CAPITAL FINANCING AGREEMENT ("IWCF AGREEMENT") DATED 11/13, 2000 Customer Name: Datatec Industries, Inc. Effective Date of this IWCF Attachment A: 11/13, 2000 I. FEES, RATES AND REPAYMENT TERMS: (A) Credit Line: Eighteen Million Dollars ($18,000,000.00);

IBM CREDIT CORPORATION. By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------ Print Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ --------------------- Title: Account Executive --------------------------- SECRETARY'S CERTIFICATE (Revolving Loan and Security Agreement) I, ▇▇▇▇▇▇▇ ▇. ▇▇▇▇, do hereby certify that I am the duly elected and acting Secretary of ▇▇▇▇▇▇ Electronics, a New York corporation, and as such I am the keeper of the corporate records and seal of said corporation; that the following is a true and correct copy of resolutions duly adopted and ratified by action of the board of directors of said corporation on June 19, 1997 as ratified and approved by the stockholders of said corporation by action of said stockholders on June 19, 1997, all in accordance with its by-laws and articles of incorporation and the laws of its jurisdiction of incorporation; and that the same have not been modified, repealed, rescinded or withdrawn, are in full force and effect and do not contravene any provisions of said corporation's articles of incorporation or by-laws: RESOLVED, that the President, each Vice-President, the Secretary, the Treasurer and each other officer and each agent of this Corporation, or any one or more of them, be and they are hereby authorized and empowered on behalf of this Corporation: to obtain from IBM Credit Corporation ("IBM Credit") loans in such amounts and on such terms and conditions as such officers deem proper; to execute notes and other evidences of this corporation's indebtedness with respect thereto; to enter into financing and other agreements with IBM Credit relating to the terms and conditions upon which any such loans may be obtained and the security to be furnished by this corporation therefore; from time to time to modify, supplement or amend any such agreements, any such terms or conditions and any such security; from time to time to pledge, assign, guaranty, mortgage, consign, grant security interest in and otherwise transfer to IBM Credit as collateral security for any and all debts and obligations of this corporation to IBM Credit, whenever and however arising, any and all accounts and other forms of obligations, receivables, choses in action, inventory, warehouse receipts, machinery, equipment, land, buildings and other real, personal or fixed property, tangible or intangible, now or hereafter belonging to or acquired by this corporation; for said purposes to execute and deliver any and all assignments, schedules, transfers, endorsements, contracts, debenture...