SEC Filings

10-12G/A
AMSURG CORP filed this Form 10-12G/A on 11/03/1997
Entire Document
 
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any of the Loan Documents or agreements, or otherwise in connection with the
Obligations, shall under no circumstance exceed the maximum lawful rate of
interest permitted by applicable law, and any excess shall be credited on the
Obligations by the holder thereof (or, if the Obligations shall have been paid
in full, refunded to Borrower); and (ii) in the event that the maturity of the
Obligations is accelerated by reason of an election of the holder resulting
from any Event of Default under this Agreement or otherwise, or in the event of
any required or permitted prepayment, then such consideration that constitutes
interest may never include more than the maximum amount of interest permitted
by applicable law, and excess interest, if any, for which this Agreement
provides, or otherwise, shall be cancelled automatically as of the date of such
acceleration or prepayment and, if previously paid, shall be credited on the
Obligations (or, if the Obligations shall have been paid in full, refunded to
Borrower).

Article III. Collateral and Guarantees.

         Section 3.01 Collateral. The Indebtedness and Obligations shall be
secured by the following:

                 (a)      all Partnership Notes, Partnership Note Collateral,
         LLC Notes, and LLC Note Collateral;

                 (b)      all deposit accounts, monies, and items of value of
         Borrower now or hereafter placed in the possession of Agent or any of
         the Lenders; and

                 (c)      all other Property of Borrower presently and/or
         subsequently pledged or delivered to Agent to secure all or a portion
         of the Indebtedness.

         Section 3.02 Guarantees. The Indebtedness and Obligations shall be
guaranteed by the Guarantors.

Article IV. Representations and Warranties.

         To induce Agent and Lenders to enter this Agreement and extend credit
under this Agreement, Borrower covenants, represents, and warrants to Agent and
to Lenders that as of the date hereof and as of the Closing Date:

         Section 4.01 Corporate Existence. Borrower and each Subsidiary are
corporations duly organized, and validly existing, and in good standing under
the laws of the states of their respective incorporation, and the Borrower and
each Subsidiary are duly qualified as a foreign corporation in all
jurisdictions in which the Property owned or the business transacted by each of
them makes such qualification necessary, except where failure to do so would
not have a material, adverse effect on the Borrower or any





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