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Minimum Working Capital. Customer’s net working capital (i.e. the excess of its current assets over its current liabilities), as shown on Customer’s regular books and records, shall at all time exceed $_________. Minimum Working Capital Ratio. The ratio of Customer’s current assets to its current liabilities, as shown on Customer’s regular books and records, shall [...]

Retained Earnings Increases. The fiscal year-end “retained earnings” of Customer, as shown on the accountant prepared annual financial statements of Customer required to be furnished hereunder, shall each year after the date hereof be not less than $___ greater than the retained earnings as of the end of the immediately preceding fiscal year of Customer. [...]

No Additional Mortgages or Liens. Except upon the prior written consent of Bank, which consent shall not be unreasonably withheld, and except for existing mortgage debt and liens, as described on Exhibit “A” attached hereto, aggregating not in excess of $_________, Customer shall not: (i) cause or permit to exist any mortgage, lien, or other [...]

Mandatory Prepayment. Notwithstanding anything herein or in the Note to the contrary, the entire unpaid balance of the Note and all other Obligations, including, without limitation, all sums owing under that certain ________________ between BANK and Customer (the “Loan Agreement”), shall be and become immediately due and payable, and shall be paid by Customer to [...]

Litigation Notification. Customer agrees that it will promptly advise BANK in a detailed writing about any and all material developments in all pending litigation in which Customer, any Guarantor or any officer or shareholder of Customer or any Guarantor is a defendant. For the purposes of this Paragraph, the term “material developments” shall include, without [...]

Additional Locations. Neither Customer nor any Guarantor shall directly or indirectly acquire or open in excess of ___ additional locations in any calendar year without the prior written consent of BANK; and prior to acquiring or opening any expansion location, Customer shall discuss with BANK the merits of such expansion and Customer’s motivation therefor. Expansion. [...]

Exit Fee. On the first to occur of: (i) the due date of the final installment due under the Note, or (ii) the date upon which the Note shall be paid in full, Customer shall pay to BANK, as additional consideration for the Loan and as an additional Obligation hereunder, an Exit Fee of $_________.

Escrow Agent. So long as there are any outstanding balance on any loan or loans, Customer shall at its expense cause an independent third party acceptable to BANK to act as an Escrow Agent for the benefit of BANK pursuant to a form of Agency Agreement acceptable to BANK. Said Escrow Agent’s duties shall include, [...]

Crop Insurance. Customer covenants and agrees that: (i) On or before ______________, it will obtain physical damage insurance from a U. S. Federal agency on all of its nursery or farm crops and trees in a face amount not less than $____________, under a policy or policies reasonably acceptable to Bank which shall provide that [...]

Blocked Bank Account. Customer shall establish and, so long as there are any outstanding balances on any loan or loans, maintain at its expense a “blocked” bank account for the benefit of Bank at a financial institution and upon terms acceptable to Bank, including, without limitation, the automatic transfer of all funds deposited into said [...]