“Reserve Percentage” means as of any day the maximum percentage in effect on such day, as prescribed by the Board ofGovernors of the Federal Reserve System (or any successor) for determining the reserve requirements (including supplemental, marginal and emergency reserve requirements) with respect to Eurocurrency funding (currently referred to as“Eurocurrency Liabilities”). “Remedial Action” means all actions taken to (a) clean up, remove, remediate, contain, treat, monitor, assess, evaluateor in any other way address Hazardous Materials in the indoor or outdoor environment; (b) prevent or minimize a Release or threatened Release of Hazardous Materials so they do not migrate or endanger or threaten to endanger public health orwelfare or the indoor or outdoor environment; (c) perform pre-remedial studies and investigations and post-remedial operation and maintenance activities; or (d) perform any other actions authorizedby 42 U.S.C. § 9601. “Regulation T,” “Regulation U” and “Regulation X” mean, respectively, Regulations T, U andX of the Board or any successor, as the same may be amended or supplemented from time to time. “Reference Bank” means PNC, its successors or any other commercial bank designated by the Administrative Agent to theAdministrative Borrower from time to time. “Permitted Holder” means ACON Equity Management, L.L.C., a Delaware limited liabilitycompany, and any other entity owned or controlled by one or more of the managing members of ACON Equity Management, L.L.C. on the Effective Date (“ACON”), which are Affiliates and Related Funds that are equity funds to the extentsuch Persons are controlled, directly or indirectly, by ACON by way of ownership or general partner or managing member relationship. “Maximum Undrawn Amount” means, with respect to any outstanding Letter of Credit, the amount of such Letter of Credit that isor may become available to be drawn, including all automatic increases provided for in such Letter of Credit, whether or not any such automatic increase has become effective.

  1. “Revolving Loan Obligations” means any Obligations with respect to the Revolving Loans (including without limitation, theprincipal thereof, the interest thereon, and the fees and expenses specifically related thereto).
  2. Use this financial agreement template to create a legally binding contract that outlines the terms and conditions of a financial arrangement between two or more parties.
  3. Notwithstanding any of theforegoing, Interest Rate Hedging Obligations shall not include any Excluded Hedge Liabilities.
  4. In his firm, Talented Tenth Law, Antoine focuses on helping people maximize their protection and prosperity in the courtroom and the boardroom.

Unless otherwise indicated herein, all references to time of day refer to Eastern StandardTime or Eastern daylight saving time, as in effect in New York City on such day. For purposes of the computation of a period of time from a specified date to a later specified date, the word “from” means “from and including” andthe words “to” and “until” each means “to how to invest small amounts of money wisely but excluding”; provided, however, that with respect to a computation of fees or interest payable to any Agent, any Lender or the L/C Issuer, such periodshall in any event consist of at least one full day. Any notice or report specified to be due hereunder on a date that is not a Business Day shall be due on next Business Day following such due date.

What is a Financial Services Agreement?

“Environmental Actions” means any complaint, summons, citation, notice, directive, order, claim, litigation, investigation,judicial or administrative proceeding, judgment, letter or other communication from any Person or Governmental Authority involving violations of Environmental Laws or Releases of Hazardous Materials (a) from any assets, properties or businessesowned or operated by any Loan Party or any of its Subsidiaries or any predecessor in interest; (b) from adjoining properties or businesses; or (c) onto any facilities which received Hazardous Materials generated by any Loan Party or any ofits Subsidiaries or any predecessor in interest. Negotiable Documents have been issued or delivered to the applicable Eligible Customs Broker with respect to such Foreign In-Transit Inventory, but only ifand so long as Administrative Agent is satisfied in its Permitted Discretion that conducting such in-transit Inventory transactions without the issuance of Negotiable Documents (x) is in the ordinary course ofbusiness of both Borrowers and the applicable Eligible Customs Broker and (y) will not jeopardize the perfection or priority of Collateral Agent’s Lien in the applicable Foreign In-Transit Inventory. “Eligible Customs Broker” shall mean Radiant Customs Services Inc. or anothercustoms broker that has its principal assets and principal place of business in the United States and which is acceptable to Administrative Agent in its Permitted Discretion and with which Collateral Agent has entered into a freight forwarderagreement, in form and substance acceptable to Administrative Agent in its Permitted Discretion. “Disposition” means any transaction, or series of related transactions, pursuant to which any Person or any of itsSubsidiaries sells, assigns, transfers or otherwise disposes of any property or assets (whether now owned or hereafter acquired) to any other Person, in each case, whether or not the consideration therefor consists of cash, securities or otherassets owned by the acquiring Person, excluding any sales of Inventory in the ordinary course of business.

(a) AnyAgent may at any time give at least thirty (30) (or, if the Total Revolving Credit Commitment is reduced to zero, ten (10)) days prior written notice of its resignation to the Lenders, the L/C Issuer and the Administrative Borrower, providedthat, if the continuing Agent assumes all of the resigning Agent’s duties hereunder, such resigning Agent may provide notice on the effective date of its resignation. Upon receipt of any such notice of resignation, (i) the Required Lendersshall have the right, with the consent of the Administrative Borrower (which consent shall not be unreasonably withheld or delayed nor shall it be required during the existence of an Event of Default), to appoint a successor Collateral Agent, and(ii) the Collateral Agent shall have the right, with the consent of the Required Revolving Loan Lenders and of the Administrative Borrower (which consent shall not be unreasonably withheld or delayed nor shall it be required during theexistence of an Event of Default), to appoint a successor Administrative Agent. If no such successor Agent shall have been so appointed by the Required Lenders or Collateral Agent, as applicable, and shall have accepted such appointment withinthirty (30) (or, if the Total Revolving Credit Commitment is reduced to zero, ten (10)) days after the retiring Agent gives notice of its resignation (or such earlier day as shall be agreed by the Required Lenders) (the “ResignationEffective Date”), then the retiring Agent may (but shall not be obligated to), on behalf of the Lenders and the L/C Issuer, appoint a successor Agent. Whether or not a successor Agent has been appointed, such resignation shall becomeeffective in accordance with such notice on the Resignation Effective Date.

Common Sections in Financing Agreements

IN WITNESS WHEREOF, the parties have indicated their agreement to be bound by the terms and conditions of this Agreement by affixing their signatures below on the dates indicated. The Borrower shall provide the Lender with (insert type of security, e.g., collateral, personal guarantee, etc.) as security for the Loan Amount. The party hedging must be producing or using the asset or product in a futures contract.

Who Helps With Financial Services Agreements?

A certificate of an Agent or aLender delivered to the Administrative Borrower setting forth a calculation in reasonable detail any amount or amounts that such Agent or such Lender is entitled to receive pursuant to this 2.08 shall be conclusive absent manifest error. Subject to Section 2.05(c)(viii) below, not later than one (1) Business Dayfollowing any Disposition by any Loan Party pursuant to Sections 7.02(c)(ii)(B) and 7.02(c)(ii)(C), the Borrowers shall prepay the outstanding principal amount of the Obligations in accordance with clause (d) below in an amount equal to 100% ofthe Net Cash Proceeds received by such Person in connection with such Disposition to the extent that the aggregate amount of Net Cash Proceeds received by the Loan Parties (and not paid to the Administrative Agent as a prepayment of the applicableLoans) shall exceed for all such Dispositions, $500,000 in any Fiscal Year. Nothing contained in this Section 2.05(c)(v) shall permit any Loan Party or any of its Subsidiaries to make a Disposition of any property other than in accordance withSection 7.02(c)(ii).

It is advisable to have your business arrangements in writing to avoid problems, should it become necessary to prove a contract existed. Financial contracts examples and financial contracts themselves provide an agreement between two or more persons or entities that are legally binding. A contract can be a verbal agreement, a written agreement, or a combination of the two. Craig E. Yaris is a Managing Partner at Holon Law Partners, with the experience and drive to handle all your Franchise, General Business Practice, and Mediation needs.As a former small business owner and Chief Operating Officer of a franchisor himself, Mr. Yaris is passionate about promoting business growth. He has experience handling daily operations, employee disputes, and negotiations of pertinent contracts for a franchise company with 100 locations in five states, where he organized and conducted semi- annual meetings to educate and inform franchisees of best practices for improved growth. In addition, Mr. Yaris was responsible for the preparation and filing of the UFOC (Uniform Franchise Offering Circular) in several states and is well-versed in business formation.Between his time as Franchisor and Conflict Resolution Specialist, Mr. Yaris was the Co-Founder and Chief Operating Officer of an online company whose goal was to help inform marketers and business owners of the fast-paced and ongoing changes within their specific verticals.

EachBorrower hereby irrevocably appoints Funko as the agent and attorney-in-fact for the Borrowers (the “Administrative Borrower”), which appointment shallremain in full force and effect unless and until the Agents shall have received prior written notice signed by all of the Borrowers that such appointment has been revoked and that another Borrower has been appointed Administrative Borrower. It isunderstood that the handling of the Loan Account and Collateral of the Borrowers, in a combined fashion, as more fully set forth herein and subject to the limitations set forth herein, is done solely as an accommodation to the Borrowers in order toutilize the collective borrowing powers of the Borrowers in the most efficient and economical manner and at their request, and that neither the Agents nor the Lenders shall incur liability to the Borrowers as a result hereof. Each of the Borrowersexpects to derive benefit, directly or indirectly, from the handling of the Loan Account and the Collateral in a combined fashion since the successful operation of each Borrower is dependent on the continued successful performance of the integratedgroup. To induce the Agents and the Lenders to do so, https://www.forex-world.net/blog/automated-trading-what-is-automated-trading-and/ and in consideration thereof, each of the Borrowers, hereby jointly and severally agrees to indemnify the Indemnitees and hold the Indemnitees harmless against any and all liability, expense,loss or claim of damage or injury, made against such Indemnitee by any of the Borrowers or by any third party whosoever, arising from or incurred by reason of (a) the handling of the Loan Account and Collateral of the Borrowers as hereinprovided, (b) the Agents and the Lenders relying on any instructions of the Administrative Borrower or the Administrative Borrowers, or (c) any other action taken by any Agent or any Lender hereunder or under the other Loan Documents. (j) Any Lender may at any time pledge or assign a security interest in all or any portion of its rights under this Agreement to secureobligations of such Lender, including any pledge or assignment to secure obligations to a Federal Reserve Bank or loans made to such Lender pursuant to securitization or similar credit facility (a ”Securitization”);provided that no such pledge or assignment shall release such Lender from any of its obligations hereunder or substitute any such pledgee or assignee for such Lender as a party hereto.

This clause ensures that if any part of the agreement is found invalid or unenforceable, the rest of the agreement will still be in effect. The Borrower shall pay interest on the Loan Amount at the rate of (insert percentage)% per annum. A hedge is utilized when an investor is intending to offset possible gains or losses that may happen from a current investment.

Each Revolving Loan that is a LIBOR Rate Loan shall be made in a minimum amount of $1,000,000 andshall be in integral multiples of $250,000 in excess thereof. The Borrowers shall have not more than seven (7) LIBOR Rate Loans made to the Borrowers in effect at any given time. For the avoidance of doubt, each Revolving Loan that is aReference Rate Loan shall not be required to be made in a minimum increment amount. (ii) each Term Loan Lender severally agrees to make itsportion of the Term Loan in Dollars to the Borrowers on the Effective Date, in an aggregate principal amount not to exceed the amount of such Lender’s Term Loan Commitment. “Unused Line Fee” has the meaning specified therefor in Section 2.06(b).

“Paid in Full”, “Pay in Full” or “Payment inFull” means, with respect to any Obligations, (i) the payment in full in cash (or other consideration acceptable to the recipient thereof) of all such Obligations (other than (x) contingent indemnification obligations to theextent no claim giving rise thereto has been asserted and (y) Hedge Liabilities and Bank Product Obligations that, at the time of determination, are allowed by the Person to whom such Obligations are owing to remain outstanding), (ii) thetermination or expiration of all of the Revolving Credit Commitments and (iii) in connection with the termination or expiration of all of the Revolving Credit Commitments, either (x) the cancellation and return to the Administrative Agentof all Letters of Credit or (y) the Cash Collateralization (or the delivery of a back-to-back letter of credit reasonably acceptable to the Administrative Agent) ofall Letters of Credit. “Account Receivable” means, with respect to any Person, any and allaccounts (as that term is defined https://www.topforexnews.org/investing/11-best-online-stock-brokers-for-beginners-of/ in the Uniform Commercial Code) and any and all rights of such Person to payment for goods sold and/or services rendered, including accounts, general intangibles and any and all such rights evidenced by chattelpaper, instruments or documents, whether due or to become due and whether or not earned by performance, and whether now or hereafter acquired or arising in the future, and any proceeds arising therefrom or relating thereto. Financing agreements are often used by businesses that need capital for expansion or new equipment but don’t have enough cash on hand or can’t get traditional loans from banks because they are not credit-worthy. The document includes details on how much money will be borrowed, what the interest rate is, and when the payments come due. To write a financial agreement, you should start by identifying the parties involved in the agreement, including their names and addresses. Next, define the terms of the agreement, outline the repayment terms and include any security provisions.

A finance agreement may be deemed unconscionable if its terms are grossly unfair or oppressive to one party. This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written. The terms in your document will update based on the information you provide.