Actions by Borrower Sample Clauses
The 'Actions by Borrower' clause defines the specific duties, obligations, and permitted activities of the borrower under the agreement. It typically outlines what the borrower must do, such as making timely payments, providing required documentation, or maintaining certain financial covenants, as well as actions the borrower is prohibited from taking without lender consent, like incurring additional debt or selling key assets. This clause ensures that the lender has clear expectations of the borrower's conduct, thereby protecting the lender's interests and reducing the risk of default or unauthorized actions.
Actions by Borrower. No delay or omission on the Agent's or the Lenders' part in exercising their rights and remedies against Borrower or any other interested party shall constitute a waiver. A breach by Borrower of its obligations under this Agreement may be waived only by a written waiver executed by the Agent and the Lenders in accordance with Section 13.
1. The Agent's and the Lenders' waiver of Borrower's breach in one or more instances shall not constitute or otherwise be an implicit waiver of subsequent breaches. To the extent permitted by applicable law, Borrower hereby agrees to waive, and does hereby absolutely and irrevocably waive, (a) all presentments, demands for performance, notices of protest and notices of dishonor in connection with any of the Indebtedness evidenced by the Term Loan Notes; (b) any requirement of diligence or promptness on the Agent's or the Lenders' part in the enforcement of their rights under the provisions of this Agreement or any Lender Agreement; and (c) any and all notices of every kind and description which may be required to be given by any statute or rule of law with respect to its liability (i) under this Agreement or with respect to the Indebtedness evidenced by the Term Loan Notes or (ii) under any other Lender Agreement. No course of dealing between the Borrower and the Lenders shall waive or modify the terms and conditions hereof. This Agreement shall be amended only by a written instrument executed by the Agent and the Lenders. The Agent's and the Lenders' rights and remedies under this Agreement and under all subsequent agreements between the Agent, the Lenders and Borrower shall be cumulative and any rights and remedies expressly set forth herein shall be in addition to, and not in limitation of, any other rights and remedies which may be applicable to the Agent and the Lenders in law or at equity.
Actions by Borrower. The Borrower shall defend and indemnify the Agent and each Lender against all costs, expenses, claims and liabilities for any action taken by the Borrower, any Originator or any other Affiliate of the Borrower or of any Originator (whether acting as Collection Agent or otherwise) related to any Receivable and the Related Security, or arising out of any alleged failure of compliance of any Receivable or the Related Security with the provisions of any law or regulation. If any goods related to a Receivable are repossessed, the Borrower agrees to seek to resell, or to have the applicable Originator or another Affiliate seek to resell, such goods in a commercially reasonable manner for the account of the Agent and remit, or have remitted, to the Agent the Lenders' share in the gross sale proceeds thereof net of any out-of-pocket expenses and any equity of redemption of the Obligor thereon. Any such moneys collected by the Borrower or any Originator or other Affiliate of the Borrower pursuant to this Section 3.8 shall be applied as Collections in accordance with the terms hereof.
Actions by Borrower. No delay or omission on the Agent's or the Lenders' part in exercising their rights and remedies against Borrower or any
(a) all presentments, demands for performance, notices of protest and notices of dishonor in connection with any of the Indebtedness evidenced by the Notes; (b) any requirement of diligence or promptness on the Agent's or the Required Lenders' part in the enforcement of their rights under the provisions of this Agreement or any Lender Agreement; and (c) any and all notices of every kind and description which may be required to be given by any statute or rule of law with respect to its liability (i) under this Agreement or with respect to the Indebtedness evidenced by the Notes or (ii) under any other Lender Agreement. No course of dealing between the Borrower and the Lenders shall waive or modify the terms and conditions hereof. The Agent's and the Lenders' rights and remedies under this Agreement and under all subsequent agreements between the Agent, the Lenders and Borrower shall be cumulative, and any rights and remedies expressly set forth herein shall be in addition to, and not in limitation of, any other rights and remedies which may be applicable to the Agent and the Lenders in law or at equity.
Actions by Borrower. Borrower represents and warrants to Lender that Borrower has taken all steps necessary or appropriate, in its state of incorporation and in each state in which Borrower is qualified to do business, to change its name from "Direct Sales International, Inc." to "Media Outsourcing, Inc." Borrower further represents and warrants that it has the full right to use the name "Media Outsourcing, Inc." without infringing on the rights of any Person.
Actions by Borrower. The parties agree that in any instance where the Borrower is authorized or permitted to act hereunder, the Lessee and/or the Operating Company shall be entitled to perform such action on behalf of the Borrower, and the Director and the Borrower shall recognize such performance for all purposes hereunder.
Actions by Borrower. No delay or omission on the Agent's or the Lenders' part in exercising their rights and remedies against the Borrower or any other interested party shall constitute a waiver. A breach by the Borrower of its obligations under this Agreement may be waived only by a written waiver executed by the Agent and the Lenders in accordance with Section
11.1. The Agent's and the Lenders' waiver of the Borrower's breach in one or more instances shall not constitute or otherwise be an implicit waiver of subsequent breaches. To the extent permitted by applicable law, the Borrower hereby agrees to waive, and does hereby absolutely and irrevocably waive (a) all presentments, demands for performance, notices of protest and notices of dishonor in connection with any of the Indebtedness evidenced by the Notes, (b) any requirement of diligence or promptness on the Agent's or the Lenders' part in the enforcement of its rights under the provisions of this Agreement or any Lender Agreement, and
Actions by Borrower. 49 ARTICLE 12.