Miscellaneous Clause Example with 5 Variations from Business Contracts

Miscellaneous. All notices provided for herein shall be given in accordance with the provisions of the Loan Agreement. A. [Intentionally Omitted]. B. This Note is given to evidence an obligation incurred for business purposes and not for personal, single family residential or agricultural purposes. C. This Note may not be terminated orally, but only by a discharge in writing and signed by the party who is the owner and holder of this Note at the time enforcement of any discharge is sought. D. MAKER HEREBY IRRE...VOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THE RELATED DOCUMENTS OR THE TRANSACTIONS CONTEMPLATED THEREBY AND AGREES THAT ANY SUCH ACTION OR PROCEEDING SHALL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY. MAKER ACKNOWLEDGES THAT THIS WAIVER IS A MATERIAL INDUCEMENT TO ENTER INTO A BUSINESS RELATIONSHIP, THAT LENDER HAS RELIED ON THE WAIVER IN ENTERING INTO THIS AGREEMENT AND THE OTHER RELATED DOCUMENTS, AND THAT LENDER WILL CONTINUE TO RELY ON THIS WAIVER IN THEIR RELATED FUTURE DEALINGS. MAKER WARRANTS AND REPRESENTS THAT MAKER HAS HAD THE OPPORTUNITY OF REVIEWING THIS JURY WAIVER WITH LEGAL COUNSEL, AND THAT MAKER KNOWINGLY AND VOLUNTARILY WAIVES ITS JURY TRIAL RIGHTS. [SIGNATURE ON NEXT PAGE] 6 9 Signed and delivered effective as of (but not necessarily on) the date set forth above. "MAKER" AMREP SOUTHWEST INC., LAS FUENTES VILLAGE II, LLC, a New Mexico corporation limited liability company By /s/ Carey A. Plant Carey A. Plant, Vice President 7 10 EX-10.2 3 tm215277d1_ex10-2.htm tm201597d1_ex10-2.htm EXHIBIT 10.2 Exhibit EXHIBIT 10.2 REVOLVING NON-REVOLVING LINE OF CREDIT PROMISSORY NOTE $4,000,000.00 February 3, 2021 $2,750,000.00 January 10, 2020 Note #_________ # Albuquerque, New Mexico FOR VALUE RECEIVED, the undersigned AMREP Southwest Inc., Las Fuentes Village II, LLC, a New Mexico corporation limited liability company ("Maker"), hereby promises to pay to the order of BOKF, NA dba Bank of Albuquerque ("Lender"), at its office located at 100 Sun Avenue, Avenue NE, Suite 500, Albuquerque, New Mexico 87109, or at such other place as may be designated in writing by the holder of this Revolving Non-Revolving Line of Credit Promissory Note ("Note"), the principal sum of Four Two Million Seven Hundred Fifty Thousand and No/100 Dollars ($4,000,000.00), ($2,750,000.00), or so much thereof as shall be disbursed hereunder, together with interest thereon at the rates specified in this Note, payable as set forth herein. View More

Miscellaneous. All notices provided for herein shall be given in accordance with the provisions of the Loan Agreement. A. [Intentionally Omitted]. B. This Note is given to evidence an obligation incurred for business purposes and not for personal, single family residential or agricultural purposes. C. B. This Note may not be terminated orally, but only by a discharge in writing and signed by the party who is the owner and holder of this Note at the time enforcement of any discharge is sought. D. C. MAKER HEREB...Y IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THE RELATED DOCUMENTS OR THE TRANSACTIONS CONTEMPLATED THEREBY AND AGREES THAT ANY SUCH ACTION OR PROCEEDING SHALL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY. MAKER ACKNOWLEDGES THAT THIS WAIVER IS A MATERIAL INDUCEMENT TO ENTER INTO A BUSINESS RELATIONSHIP, THAT LENDER HAS RELIED ON THE WAIVER IN ENTERING INTO THIS AGREEMENT NOTE AND THE OTHER RELATED DOCUMENTS, AND THAT LENDER WILL CONTINUE TO RELY ON THIS WAIVER IN THEIR RELATED FUTURE DEALINGS. MAKER WARRANTS AND REPRESENTS THAT MAKER HAS HAD THE OPPORTUNITY OF REVIEWING THIS JURY WAIVER WITH LEGAL COUNSEL, AND THAT MAKER KNOWINGLY AND VOLUNTARILY WAIVES ITS JURY TRIAL RIGHTS. D. MAKER AGREES THAT IT IS THE INTENTION OF MAKER AND LENDER THAT THIS NOTE EVIDENCES THE ADDITIONAL ADVANCE AND AN EXTENSION OF THE MATURITY DATE OF THE INDEBTEDNESS EVIDENCED BY THE REVOLVING LINE OF CREDIT PROMISSORY NOTE DATED FEBRUARY 3, 2021, IN THE ORIGINAL PRINCIPAL AMOUNT OF $4,000,000.00, MADE BY MAKER IN FAVOR OF LENDER, AND IS NOT A NOVATION. [SIGNATURE ON NEXT PAGE] 6 Signed and delivered effective as of (but not necessarily on) the date set forth above. "MAKER" AMREP SOUTHWEST INC., a New Mexico corporation By /s/ Carey A. Plant Carey A. Plant, Vice President 7 EX-10.2 3 tm215277d1_ex10-2.htm tm2223581d1_ex10-2.htm EXHIBIT 10.2 Exhibit 10.2 FIRST AMENDED AND RESTATED REVOLVING LINE OF CREDIT PROMISSORY NOTE $4,000,000.00 February 3, 2021 $5,750,000.00 Effective August 15, 2022 Note #_________ #457290 Albuquerque, New Mexico FOR VALUE RECEIVED, the undersigned AMREP Southwest Inc., a New Mexico corporation ("Maker"), hereby promises to pay to the order of BOKF, NA dba Bank of Albuquerque ("Lender"), at its office located at 100 Sun Avenue, Suite 500, Albuquerque, New Mexico 87109, or at such other place as may be designated in writing by the holder of this First Amended and Restated Revolving Line of Credit Promissory Note ("Note"), the principal sum of Four Five Million Seven Hundred Fifty Thousand and No/100 Dollars ($4,000,000.00), ($5,750,000.00), or so much thereof as shall be disbursed hereunder, together with interest thereon at the rates specified in this Note, payable as set forth herein. View More

Miscellaneous. All notices provided for herein shall be given in accordance with the provisions of the Loan Agreement. A. [Intentionally Omitted]. B. This Note is given to evidence an obligation incurred for business purposes and not for personal, single family residential or agricultural purposes. C. This Note may not be terminated orally, but only by a discharge in writing and signed by the party who is the owner and holder of this Note at the time enforcement of any discharge is sought. D. MAKER HEREBY IRRE...VOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THE RELATED DOCUMENTS OR THE TRANSACTIONS CONTEMPLATED THEREBY AND AGREES THAT ANY SUCH ACTION OR PROCEEDING SHALL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY. MAKER ACKNOWLEDGES THAT THIS WAIVER IS A MATERIAL INDUCEMENT TO ENTER INTO A BUSINESS RELATIONSHIP, THAT LENDER HAS RELIED ON THE WAIVER IN ENTERING INTO THIS AGREEMENT AND THE OTHER RELATED DOCUMENTS, AND THAT LENDER WILL CONTINUE TO RELY ON THIS WAIVER IN THEIR RELATED FUTURE DEALINGS. MAKER WARRANTS AND REPRESENTS THAT MAKER HAS HAD THE OPPORTUNITY OF REVIEWING THIS JURY WAIVER WITH LEGAL COUNSEL, AND THAT MAKER KNOWINGLY AND VOLUNTARILY WAIVES ITS JURY TRIAL RIGHTS. [SIGNATURE ON NEXT PAGE] 6 Signed and delivered effective as of (but not necessarily on) the date set forth above. "MAKER" AMREP SOUTHWEST INC., "MAKER"MOUNTAIN HAWK WEST DEVELOPMENT COMPANY LLC, a New Mexico corporation limited liability company By /s/ Carey A. Plant Carey A. Plant, Vice President 7 EX-10.2 3 tm215277d1_ex10-2.htm tm213945d1_ex10-2.htm EXHIBIT 10.2 Exhibit 10.2 REVOLVING NON-REVOLVING LINE OF CREDIT PROMISSORY NOTE $4,000,000.00 February 3, $2,700,000.00 January 21, 2021 Note #_________ #__________ Albuquerque, New Mexico FOR VALUE RECEIVED, the undersigned AMREP Southwest Inc., Mountain Hawk West Development Company LLC, a New Mexico corporation limited liability company ("Maker"), hereby promises to pay to the order of BOKF, NA dba Bank of Albuquerque ("Lender"), at its office located at 100 Sun Avenue, Avenue NE, Suite 500, Albuquerque, New Mexico 87109, or at such other place as may be designated in writing by the holder of this Revolving Non-Revolving Line of Credit Promissory Note ("Note"), the principal sum of Four Two Million Seven Hundred Thousand and No/100 Dollars ($4,000,000.00), ($2,700,000.00), or so much thereof as shall be disbursed hereunder, together with interest thereon at the rates specified in this Note, payable as set forth herein. View More

Miscellaneous. All notices provided for herein shall be given in accordance with the provisions of the Loan Agreement. A. [Intentionally Omitted]. B. This Note is given to evidence an obligation incurred for business purposes and not for personal, single family residential or agricultural purposes. C. This Note may not be terminated orally, but only by a discharge in writing and signed by the party who is the owner and holder of this Note at the time enforcement of any discharge is sought. D. MAKER HEREBY IRRE...VOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THE RELATED DOCUMENTS OR THE TRANSACTIONS CONTEMPLATED THEREBY AND AGREES THAT ANY SUCH ACTION OR PROCEEDING SHALL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY. MAKER ACKNOWLEDGES THAT THIS WAIVER IS A MATERIAL INDUCEMENT TO ENTER INTO A BUSINESS RELATIONSHIP, THAT LENDER HAS RELIED ON THE WAIVER IN ENTERING INTO THIS AGREEMENT AND THE OTHER RELATED DOCUMENTS, AND THAT LENDER WILL CONTINUE TO RELY ON THIS WAIVER IN THEIR RELATED FUTURE DEALINGS. MAKER WARRANTS AND REPRESENTS THAT MAKER HAS HAD THE OPPORTUNITY OF REVIEWING THIS JURY WAIVER WITH LEGAL COUNSEL, AND THAT MAKER KNOWINGLY AND VOLUNTARILY WAIVES ITS JURY TRIAL RIGHTS. [SIGNATURE ON NEXT PAGE] 6 Signed and delivered effective as of (but not necessarily on) the date set forth above. "MAKER" AMREP SOUTHWEST INC., Wymont LLC, a New Mexico corporation limited liability company By /s/ Carey A. Plant Carey A. Plant, Vice President 7 EX-10.2 3 tm215277d1_ex10-2.htm tm2120679d1_ex10-2.htm EXHIBIT 10.2 Exhibit 10.2 REVOLVING NON-REVOLVING LINE OF CREDIT PROMISSORY NOTE $4,000,000.00 February 3, $7,375,000.00 June 24, 2021 Note #_________ #__________ Albuquerque, New Mexico FOR VALUE RECEIVED, the undersigned AMREP Southwest Inc., Wymont LLC, a New Mexico corporation limited liability company ("Maker"), hereby promises to pay to the order of BOKF, NA dba Bank of Albuquerque ("Lender"), at its office located at 100 Sun Avenue, Avenue NE, Suite 500, Albuquerque, New Mexico 87109, or at such other place as may be designated in writing by the holder of this Revolving Non-Revolving Line of Credit Promissory Note ("Note"), the principal sum of Four Seven Million Three Hundred Seventy-Five Thousand and No/100 Dollars ($4,000,000.00), ($7,375,000.00), or so much thereof as shall be disbursed hereunder, together with interest thereon at the rates specified in this Note, payable as set forth herein. View More

Miscellaneous. All notices provided for herein shall be given in accordance with the provisions of the Loan Agreement. A. [Intentionally Omitted]. B. This Note is given to evidence an obligation incurred for business purposes and not for personal, single family residential or agricultural purposes. C. This Note may not be terminated orally, but only by a discharge in writing and signed by the party who is the owner and holder of this Note at the time enforcement of any discharge is sought. D. MAKER HEREBY IRRE...VOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THE RELATED DOCUMENTS OR THE TRANSACTIONS CONTEMPLATED THEREBY AND AGREES THAT ANY SUCH ACTION OR PROCEEDING SHALL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY. MAKER ACKNOWLEDGES THAT THIS WAIVER IS A MATERIAL INDUCEMENT TO ENTER INTO A BUSINESS RELATIONSHIP, THAT LENDER HAS RELIED ON THE WAIVER IN ENTERING INTO THIS AGREEMENT AND THE OTHER RELATED DOCUMENTS, AND THAT LENDER WILL CONTINUE TO RELY ON THIS WAIVER IN THEIR RELATED FUTURE DEALINGS. MAKER WARRANTS AND REPRESENTS THAT MAKER HAS HAD THE OPPORTUNITY OF REVIEWING THIS JURY WAIVER WITH LEGAL COUNSEL, AND THAT MAKER KNOWINGLY AND VOLUNTARILY WAIVES ITS JURY TRIAL RIGHTS. [SIGNATURE ON NEXT PAGE] 6 Signed and delivered effective as of (but not necessarily on) the date set forth above. "MAKER" AMREP SOUTHWEST INC., LOMAS ENCANTADAS DEVELOPMENT COMPANY, LLC, a New Mexico corporation limited liability company By /s/ Carey A. Plant Carey A. Plant, Vice President 7 EX-10.2 3 tm215277d1_ex10-2.htm tm2031618d1_ex10-2.htm EXHIBIT 10.2 Exhibit 10.2 REVOLVING NON-REVOLVING LINE OF CREDIT PROMISSORY NOTE $4,000,000.00 February 3, 2021 $2,400,000.00 September 22, 2020 Note #_________ #__________ Albuquerque, New Mexico FOR VALUE RECEIVED, the undersigned AMREP Southwest Inc., Lomas Encantadas Development Company, LLC, a New Mexico corporation limited liability company ("Maker"), hereby promises to pay to the order of BOKF, NA dba Bank of Albuquerque ("Lender"), at its office located at 100 Sun Avenue, Avenue NE, Suite 500, Albuquerque, New Mexico 87109, or at such other place as may be designated in writing by the holder of this Revolving Non-Revolving Line of Credit Promissory Note ("Note"), the principal sum of Two Million Four Million Hundred Thousand and No/100 No/100s Dollars ($4,000,000.00), ($2,400,000.00), or so much thereof as shall be disbursed hereunder, together with interest thereon at the rates specified in this Note, payable as set forth herein. View More