Any Bank may Sample Clauses

Any Bank may in the ordinary course of its commercial lending business and in accordance with applicable law, at any time sell to any Bank or any Affiliate thereof or, to one or more additional banks or financial institutions ("Purchasing Banks") all or any part of its rights and obligations under this Agreement and the Notes or the other Loan Documents pursuant to a Commitment Transfer Supplement, executed by such Purchasing Bank, such transferor Bank (and, in the case of a Purchasing Bank that is not then a Bank or an Affiliate thereof, consented to by the Borrower (provided that such consent of the Borrower shall not be required if a Default or Event of Default exists at the time of such sale) and the Administrative Agent and the Issuing Bank (such consents not to be unreasonably withheld) and delivered to the Administrative Agent for its acceptance and recording in the Register (as defined below)); provided that (A) each such sale pursuant to this subsection 12.6(c) shall be in an amount of $5,000,000 or more ($2,500,000 in the case of a sale to any Bank) and (B) in the event of a sale of less than all of such rights and obligations, such Bank after any such sale shall retain a Commitment and/or Loans and/or L/C Participating Interests aggregating at least $5,000,000. Upon such execution, delivery, acceptance and recording, from and after the Transfer Effective Date determined pursuant to such Commitment Transfer Supplement, (x) the Purchasing Bank thereunder shall be a party hereto and, to the extent provided in such Commitment Transfer Supplement, have the rights and obligations of a Bank hereunder with a Commitment as set forth therein, and (y) the transferor Bank thereunder shall, to the extent provided in such Commitment Transfer Supplement, be released from its obligations under this Agreement (and, in the case of a Commitment Transfer Supplement covering all or the remaining portion of a transferor Bank's rights and obligations under this Agreement, such transferor Bank shall cease to be a party hereto). Such Commitment Transfer Supplement shall be deemed to amend this Agreement (including Schedule 1.1A) to the extent, and only to the extent, necessary to reflect the addition of such Purchasing Bank and the resulting adjustment of Commitment Percentages arising from the purchase by such Purchasing Bank of all or a portion of the rights and obligations of such transferor Bank under this Agreement and the Notes. On or prior to the Transfer Effective Date deter...
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Related to Any Bank may

  • The Bank Merger Immediately following the Effective Time, the Bank shall be merged with and into UNB (the "Bank Merger") in accordance with the provisions of the National Bank Act and the New Jersey Banking Act of 1948, as amended, and UNB shall be the surviving bank (the "Surviving Bank"). Upon the consummation of the Bank Merger, the separate existence of the Bank shall cease and the Surviving Bank shall be considered the same business and corporate entity as each of the Bank and UNB and all of the property, rights, powers and franchises of each of the Bank and UNB shall vest in the Surviving Bank and the Surviving Bank shall be deemed to have assumed all of the debts, liabilities, obligations and duties of each of the Bank and UNB and shall have succeeded to all of each of their relationships, fiduciary or otherwise, as fully and to the same extent as if such property, rights, privileges, powers, franchises, debts, obligations, duties and relationships had been originally acquired, incurred or entered into by the Surviving Bank. Upon the consummation of the Bank Merger, the articles of association and bylaws of UNB shall become the articles of association and bylaws of the Surviving Bank, the officers and employees of UNB and the officers and employees of the Bank shall be the officers and employees of the Surviving Bank with such additions as the Board of Directors of UNB shall determine, and the directors of UNB shall be the directors of the Surviving Bank with the additions from the directors of Raritan as specified herein. In connection with the execution of this Agreement, the Bank and UNB shall execute and deliver a separate merger agreement (the "Bank Merger Agreement") in substantially the form of Exhibit A, annexed hereto, for delivery to the appropriate regulatory authorities for approval of the Bank Merger.

  • The Bank SECTION 1.01. The Bank hereby resigns from its Capacities under the Agreements.

  • Other Bank Agreements Any default occurs under any other agreement the Borrower (or any Obligor) or any of the Borrower’s related entities or affiliates has with the Bank or any affiliate of the Bank.

  • Bank The Buyer (a) is a national bank or banking institution organized under the laws of any State, territory or the District of Columbia, the business of which is substantially confined to banking and is supervised by the State or territorial banking commission or similar official or is a foreign bank or equivalent institution, and (b) has an audited net worth of at least $25,000,000 as demonstrated in its latest annual financial statements, a copy of which is attached hereto.

  • Wachovia Bank, N A., a national banking association and its successors and any corporation resulting from or surviving any consolidation or merger to which it or its successors may be a party, and any successor trustee at the time serving as successor trustee hereunder, appointed as herein provided.

  • BANK OF AMERICA, N A., as Initial Note A-1-1 Holder By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Managing Director BANK OF AMERICA, N.A., as Initial Note A-1-2 Holder By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Managing Director BANK OF AMERICA, N.A., as Initial Note A-1-3 Holder By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Managing Director Xxxxxxx Portfolio Agreement Between Note Holders UBS AG, BY AND THROUGH ITS BRANCH OFFICE AT 1285 AVENUE OF THE AMERICAS, NEW YORK, NEW YORK, as Initial Note A-2-1 Holder By: /s/ Xxxxxxx A.C. Small Name: Xxxxxxx A.C. Small Title: Executive Director By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Managing Director UBS AG, BY AND THROUGH ITS BRANCH OFFICE AT 1285 AVENUE OF THE AMERICAS, NEW YORK, NEW YORK, as Initial Note A-2-2 Holder By: /s/ Xxxxxxx A.C. Small Name: Xxxxxxx A.C. Small Title: Executive Director By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Managing Director UBS AG, BY AND THROUGH ITS BRANCH OFFICE AT 1285 AVENUE OF THE AMERICAS, NEW YORK, NEW YORK, as Initial Note A-2-3 Holder By: /s/ Xxxxxxx A.C. Small Name: Xxxxxxx A.C. Small Title: Executive Director By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Managing Director Xxxxxxx Portfolio Agreement Between Note Holders UBS AG, BY AND THROUGH ITS BRANCH OFFICE AT 1285 AVENUE OF THE AMERICAS, NEW YORK, NEW YORK, as Initial Note A-2-4 Holder By: /s/ Xxxxxxx A.C. Small Name: Xxxxxxx A.C. Small Title: Executive Director By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Managing Director UBS AG, BY AND THROUGH ITS BRANCH OFFICE AT 1285 AVENUE OF THE AMERICAS, NEW YORK, NEW YORK, as Initial Note A-2-5 Holder By: /s/ Xxxxxxx A.C. Small Name: Xxxxxxx A.C. Small Title: Executive Director By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Managing Director UBS AG, BY AND THROUGH ITS BRANCH OFFICE AT 1285 AVENUE OF THE AMERICAS, NEW YORK, NEW YORK, as Initial Note A-2-6 Holder By: /s/ Xxxxxxx A.C. Small Name: Xxxxxxx A.C. Small Title: Executive Director By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Managing Director Xxxxxxx Portfolio Agreement Between Note Holders KEYBANK NATIONAL ASSOCIATION, as Initial Note A-3 Holder By: /s/ Xxx X. XxXxx Name: Xxx X. XxXxx Title: Senior Vice President Xxxxxxx Portfolio Agreement Between Note Holders EXHIBIT A MORTGAGE LOAN SCHEDULE Description of Mortgage Loan Mortgage Loan Borrower(s): The GC Net Lease (Phoenix Deer Valley) Investors, LLC, a Delaware limited liability company XX Xxxxxxx Xxxxxxxxx, LLC, a Delaware limited liability company The GC Net Lease (Atlanta Perimeter) Investors, LLC, a Delaware limited liability company The GC Net Lease (Oak Brook) Investors, LLC, a Delaware limited liability company The GC Net Lease (Charlotte Research) Investors, L.P. , a Delaware limited partnership The GC Net Lease (West Xxxxxxx) Investors, LLC, a Delaware limited liability company The GC Net Lease (Frisco) Investors, LLC, a Delaware limited liability company The GC Net Lease (Irving) Investors, LLC , a Delaware limited liability company The GC Net Lease (Xxxxxx Xxxxxxxxx) Investors, LLC, a Delaware limited liability company The GC Net Lease (Lynnwood I) Investors, LLC, a Delaware limited liability company Date of Mortgage Loan: September 29, 2017 Date of the Notes: September 29, 2017 Aggregate Original Principal Amount of Mortgage Loan: $375,000,000 Original Principal Amount of each Note: As set forth in table below. Location of Mortgaged Properties: As set forth in table below. Maturity Date: October 1, 2027 Original Principal Amounts of each Note Note Original Principal Amount Applicable Lender “Note A-1-1” $ 100,000,000.00 BANA “Note A-1-2” $ 96,250,000.00 BANA “Note A-1-3” $ 10,000,000.00 BANA “Note A-2-1” $ 35,000,000.00 UBS “Note A-2-2” $ 30,000,000.00 UBS “Note A-2-3” $ 25,000,000.00 UBS “Note A-2-4” $ 20,000,000.00 UBS “Note A-2-5” $ 15,000,000.00 UBS “Note A-2-6” $ 6,250,000.00 UBS “Note A-3” $ 37,500,000.00 KeyBank Locations of Mortgaged Properties Borrower Property Address ST County The GC Net Lease (Phoenix Deer Valley) Investors, LLC 25500 & 00000 Xxxxx Xxxxxxxx Xxxxxxx, Xxxxxxx, XX AZ Maricopa XX Xxxxxxx Xxxxxxxxx, LLC 000 Xxxxxx Xxxx, Patterson, CA CA Stanislaus The GC Net Lease (Atlanta Perimeter) Investors, LLC 00 Xxxxxxxxx Xxxxxx Xxxx, XxXxxx, XX GA DeKalb 00 Xxxxxxxxx Xxxxxx Xxxx, XxXxxx, XX The GC Net Lease (Oak Brook) Investors, LLC 0000-0000 Xxxxxxxxxx Xxxxx, Xxx Xxxxx, XX IL DuPage The GC Net Lease (Charlotte Research) Investors, L.P. 0000 Xxxxxxxx Xxxxx, Xxxxxxxxx, XX NC Mecklenburg The GC Net Lease (West Xxxxxxx) Investors, LLC 6380 & 0000 Xxxxxxxx Xxx, Xxxx Xxxxxxx, OH OH Xxxxxx The GC Net Lease (Frisco Parkwood) Investors, LLC 0000 Xxxxxx Xxxxxxx, Frisco, TX TX Collin The GC Net Lease (Irving) Investors, LLC 000 Xxxxxx Xxxxx Xxxx, Xxxxxx, XX TX Dallas The GC Net Lease (Xxxxxx Xxxxxxxxx) Investors, LLC 0000 X Xxxx Xxxxxxxxx Fwy, Irving, TX TX Dallas The GC Net Lease (Lynnwood I) Investors, LLC 00000 00xx Xxx X, Xxxxxxxx, XX XX Snohomish EXHIBIT B

  • Branches of U.S. Banks (a) Except as otherwise set forth in this Contract, the provisions hereof shall not apply where the custody of the Portfolios assets are maintained in a foreign branch of a banking institution which is a "bank" as defined by Section 2(a)(5) of the Investment Company Act of 1940 meeting the qualification set forth in Section 26(a) of said Act. The appointment of any such branch as a sub-custodian shall be governed by paragraph 1 of this Contract.

  • Accounts With Other Banking Institutions The Custodian may open and operate Bank Accounts on behalf of a Portfolio, in the name of the Custodian or a nominee of the Custodian, at a Banking Institution other than the Custodian or any Subcustodian, provided that such account(s) shall be in the name of the Custodian or a nominee of the Custodian, for the account of a Portfolio, and shall be subject only to the draft or order of the Custodian; provided however, that such Bank Accounts may be held in an account of the Custodian containing only assets held by the Custodian as a fiduciary or custodian for customers, and provided further, that the records of the Custodian shall indicate at all times the Portfolio or other customer for which such securities and other assets are held in such account and the respective interests therein. Such Bank Accounts may be denominated in either U.S. Dollars or other currencies. Subject to the provisions of Section 5.01(a), the Custodian shall be responsible for the selection of the Banking Institution and for the failure of such Banking Institution to pay according to the terms of the deposit.

  • Financial Institution The Financial Institution will not be liable under this Agreement, except for (i) its own willful misconduct, bad faith or negligence or (ii) breach of its representations and warranties in this Agreement. The Financial Institution will not be liable for special, indirect or consequential losses or damages (including lost profit), even if the Financial Institution has been advised of the likelihood of the loss or damage and regardless of the form of action.

  • Currency and Related Risks The Trust bears risks of holding or transacting in any currency, including any xxxx to market exposure associated with a foreign exchange transaction undertaken with or through the Custodian. Neither the Custodian nor any Sub-custodian shall be liable for any loss or damage arising from the applicability of any law or regulation now or hereafter in effect, or from the occurrence of any event, which may delay or affect the transferability, convertibility or availability of any currency in the country (a) in which such Principal or Agency Accounts are maintained or (b) in which such currency is issued, and in no event shall the Custodian or any Sub-custodian be obligated to make payment of a deposit denominated in a currency during the period during which its transferability, convertibility or availability has been affected by any such law, regulation or event. Without limiting the generality of the foregoing, neither the Custodian nor any Sub-custodian shall be required to repay any deposit made at a foreign branch of either the Custodian or any Sub-custodian if such branch cannot repay the deposit due to a cause for which the Custodian would not be responsible in accordance with the terms of Section 9 of this Agreement unless the Custodian or such Sub-custodian expressly agrees in writing to repay the deposit under such circumstances. All currency transactions in any account opened pursuant to this Agreement are subject to exchange control regulations of the United States and of the country where such currency is the lawful currency or where the account is maintained. Any taxes, costs, charges or fees imposed on the convertibility of a currency held by the Trust shall be for the account of the Trust.

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