AGENCY AND INTER-LENDER PROVISIONS Sample Clauses

AGENCY AND INTER-LENDER PROVISIONS. 97 10.1. APPOINTMENT..................................................97 10.2. GENERAL NATURE OF AGENT'S DUTIES.............................98 10.3.
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AGENCY AND INTER-LENDER PROVISIONS. Section 11.01. The Lenders' Representations and Warranties to Other Lenders Section 11.02. Waiver of Loan Provisions or Interest or Principal Payments Section 11.03. Agency ARTICLE XII - MISCELLANEOUS Section 12.01. Strict Compliance Section 12.02. Waivers and Modifications Section 12.03. Limitation on Liability Section 12.04. Choice of Forum; Consent to Service of Process and Jurisdiction Section 12.05. Arbitration Section 12.06. Invalid Provisions Section 12.07. Maximum Interest Rate Section 12.08. Participations and Assignments of the Debentures Section 12.09. Confidentiality Section 12.10. Binding Effect Section 12.11. No Third Party Beneficiary Section 12.12. Entirety Section 12.13. Headings Section 12.14. Survival Section 12.15. Multiple Counterparts Section 12.16. Knowledge of Borrower Section 12.17. Notices Section 12.18. Governing Law AGREEMENT THIS AGREEMENT, dated as of January 27, 1998, by and among NewCare Health Corporation, a Nevada corporation, as borrower ("Borrower"), Renaissance Capital Growth & Income Fund III, Inc., a Texas corporation, and Renaissance US Growth & Income Trust PLC, a public limited company registered in England and Wales (individually referred to as Renaissance III and Renaissance PLC, respectively, and together with any permitted assignees or successors in interest individually referred to as each or any "Lender" and collectively referred to as the "Lenders"), and Renaissance Capital Group, Inc., a Texas corporation, as agent (the "Agent") for the Lenders. All references herein to Borrower shall include the Subsidiaries, unless the context otherwise requires.
AGENCY AND INTER-LENDER PROVISIONS. 44 Section 11.01. The Lenders" Representations and Warranties to Other Lenders......
AGENCY AND INTER-LENDER PROVISIONS 

Related to AGENCY AND INTER-LENDER PROVISIONS

  • Administrative Provisions (a) Replies to grievances at Step 2 of the grievance procedure and notification to arbitrate shall be by certified mail, courier or by facsimile. (b) Grievances, replies, and notification shall be deemed to have been presented on the date on which they were verifiably transmitted, and received on the date they were delivered to the appropriate office of the Employer or the Union.

  • Credit Agreement Amendments The Credit Agreement is hereby amended as follows:

  • Discretion of Lender as to Manner of Funding Notwithstanding any other provision of this Agreement, each Lender shall be entitled to fund and maintain its funding of all or any part of its Loans in any manner it sees fit, it being understood, however, that for the purposes of this Agreement all determinations hereunder with respect to Eurodollar Loans shall be made as if each Lender had actually funded and maintained each Eurodollar Loan through the purchase of deposits in the interbank eurodollar market having a maturity corresponding to such Loan’s Interest Period, and bearing an interest rate equal to LIBOR for such Interest Period.

  • Mitigation of Obligations Replacement of Lenders (a) If any Lender requests compensation under Section 3.04, or if any Borrower is required to pay any additional amount to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01, then such Lender shall, upon the request of such Borrower, use reasonable efforts to designate a different Lending Office for funding or booking its Loans hereunder or to assign its rights and obligations hereunder to another of its offices, branches or affiliates, if, in the judgment of such Lender, such designation or assignment (i) would eliminate or reduce amounts payable pursuant to Section 3.04 or 3.01, as the case may be, in the future and (ii) would not subject such Lender to any unreimbursed cost or expense and would not otherwise be disadvantageous to such Lender. Each Borrower hereby agrees to pay all reasonable costs and expenses incurred by any Lender in connection with any such designation or assignment. (b) If a Lender is a Defaulting Lender, or under any circumstances otherwise set forth herein providing that the Borrowers shall have the right to replace a Lender as a party to this Agreement, the Borrowers may, upon notice to such Lender and the Administrative Agent, replace such Lender by causing such Lender to assign its Commitment (with the assignment fee to be paid by the Borrowers in such instance) pursuant to Section 10.07(b) to one or more other Lenders or Eligible Assignees procured by the Borrowers; provided, however, that if the Borrowers elect to exercise such right with respect to any Lender pursuant to Section 3.06(b), it shall be obligated to replace all Lenders that have made requests for compensation on a similar basis and in a similar amount pursuant to Section 3.01 or 3.

  • Credit Agreement Definitions Unless otherwise defined herein or the context otherwise requires, terms used in this Pledge Agreement, including its preamble and recitals, have the meanings provided in the Credit Agreement.

  • Amendments to the Credit Agreement (a) Section 1.01 of the Credit Agreement, Definitions, is hereby amended by adding the following definitions in the appropriate alphabetical order:

  • Discretion of Lenders as to Manner of Funding Notwithstanding any provision of this Agreement to the contrary, each Lender shall be entitled to fund and maintain its funding of all or any part of its Loans in any manner it sees fit, it being understood, however, that for the purposes of this Agreement all determinations hereunder shall be made as if such Lender had actually funded and maintained each LIBOR Loan during each Interest Period for such Loan through the purchase of deposits having a maturity corresponding to such Interest Period and bearing an interest rate equal to the LIBOR Rate for such Interest Period.

  • – GENERAL ADMINISTRATIVE PROVISIONS Any communication relating to the Contract shall be made in writing and shall bear the Contract number. Communications shall be sent to the following addresses: Agency: European Defence Agency Contracting Unit Rue des Drapiers 00-00 X-0000 Xxxxxxxx Mr/Mrs/Ms [complete] [Function] [Company name] [Official address in full]

  • Amendments to the Loan Agreement The Loan Agreement is hereby amended as follows:

  • Supplements and Amendments; Whole Agreement This Warrant may be amended or supplemented only by an instrument in writing signed by the parties hereto. This Warrant contains the full understanding of the parties hereto with respect to the subject matter hereof and thereof and there are no representations, warranties, agreements or understandings other than expressly contained herein and therein.

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