Banking Business Clause Samples

Banking Business. The Facility Agent may: (a) carry on any business with the Borrower or any Subsidiary or other Affiliate thereof; (b) act as agent or trustee for, or in relation to any financing involving, the Borrower or any Subsidiary or other Affiliate thereof; and (c) retain any profits or remuneration in connection with its activities under this Agreement or in relation to any of the foregoing and shall not be required to account to any Lenders in respect of such profits or remuneration.

Banking Business. The Lenders agree that the Facility Agent may accept deposits from, lend money to and generally engage in any kind of banking or other business with the Shipowner.

Banking Business. 28 12.09 Resignation or Termination of Facility Agent.................28 12.10

Banking Business. (a) Schedule 2.20 (a) lists all exchange traded on over-the-counter ---------------- equity, interest rate, foreign exchange or other swap, forward, future, option, cap, floor or collar or any other contract that is not included on the balance sheet and is a derivative contract (including various combinations thereof) to which Company or any of its Subsidiaries is a party and has agreed to enter. Further, with respect to Company, Schedule 2.20(a) lists all securities owned by ---------------- Company and its Subsidiaries that are referred to as "structured rates," "high risk mortgage derivatives," "capped floating rate notes," or "capped floating rate mortgage derivatives," or similar securities. All swaps, caps, floors, option agreements, futures and forward contracts and other similar risk management arrangements, whether entered into for Company's own account, or for the account of one or more of Company's Subsidiaries or their customers, were entered into (i) in accordance with all applicable laws, rules, regulations and regulatory policies and (ii) with counterparties believed to be financially responsible at the time; and each of them constitutes the valid and legally binding obligation of Company or one of its Subsidiaries, enforceable in accordance with its terms (except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer and similar laws of general applicability relating to or affecting creditors' rights or by general equity principles), and are in full force and effect. Neither Company nor any of its Subsidiaries, nor to Company's knowledge any other party thereto, is in breach of any of its obligations under such agreement or arrangement.

Banking Business. 22 2.21 Year 2000 Compliance................................................ 23 2.22

Banking Business. (a) Offers of Employment. Commencing on the date hereof and ending ninety (90) calendar days hereafter, BNY shall provide JPM with reasonable access to each of the Banking Business Employees. On or prior to the end of such ninety-(90)- day period, JPM shall provide BNY with a list of those Banking Business Employees to whom JPM will make a Comparable Job Offer (the "Selected Banking Business Employees"). Subject to Applicable Law, at least thirty (30) days (unless an earlier date is required by Applicable Law) prior to the Closing Date and effective as of the Closing Date, JPM shall make, and shall use reasonable best efforts to cause to be accepted, a Comparable Job Offer to all Selected Banking Business Employees. A 140 Comparable Job Offer may be conditioned upon (i) completing a standard and customary written employment application with JPM and (ii) satisfying pre-employment screening requirements, except that drug testing, fingerprinting and a criminal background check shall be considered satisfied to the extent BNY reaffirms to JPM the representation made in the last sentence of Section 8.17(a) (the "JPM Job Offer Condition"). The Selected Banking Business Employees (and any other Banking Business Employees) who (i) accept JPM's offer of employment and satisfy the JPM Job Offer Condition or (ii) otherwise become employees of JPM by operation of Applicable Law are referred to herein as the "Transferred Banking Employees." JPM's employment of the Transferred Banking Employees shall be deemed to commence at 12:01 a.m. on the Closing Date, without regard to whether the Transferred Banking Employee is actively at work on the Closing Date in the case of an employee who on the Closing Date is absent from work due to a vacation, jury duty, funeral leave or personal day. Notwithstanding the foregoing, to the extent that a Banking Business Employee who has accepted JPM's offer is not available to perform services on the Closing Date because on the Closing Date such employee is on sick leave, short or long-term disability, military leave, leave of absence under the Family Medical Leave Act or other leave of absence approved by BNY (other than a vacation, jury duty, funeral leave or personal day), he or she shall remain an employee of BNY (except as may otherwise be provided by Applicable Law); provided that JPM shall hire such Banking Business Employee if such Employee returns to work no later than the date that is the earlier of the scheduled return date (incl...

Banking Business. Each Obligor will, and will procure that each of its Subsidiaries will maintain bank accounts only with the Lenders or an Approved Bank or, in the case of bank accounts forming part of Cash Pooling Arrangements permitted under this Agreement, the bank which operates such arrangements.

Banking Business. Except as set forth on Section 4.30 of the Company Disclosure Memorandum: (a) Company and its Subsidiaries have complied in all material respects with, and all documentation in connection with the origination, processing, underwriting and credit

Banking Business. (i) Prior to the Senior Discharge Date, each Obligor will and will procure that each Group Company will comply with its obligations under clause 20.5(e) (Banking Business) of the Senior Credit Agreement. (ii) After the Senior Discharge Date, each Obligor will and will procure that each Group Company will: (A) maintain bank accounts outside the UK only with banks approved by the Mezzanine Facility Agent (acting reasonably); and (B) maintain bank accounts in the UK only with the Mezzanine Facility Agent provided that if the Mezzanine Facility Agent does not provide facilities to the relevant Group Companies on normal commercial terms no worse than those offered by other banks in the relevant market, the relevant Group Companies may maintain such bank accounts with any Mezzanine Lender and if no other Mezzanine Lender provides facilities to the relevant Group Companies on normal commercial terms no worse than those offered by other banks in the relevant market, the relevant Group Companies may maintain such bank accounts with any bank provided such bank has acknowledged the Security Interest over the relevant accounts in accordance with the applicable Security Documents (if any); and (C) save for facilities provided under the terms of the Finance Documents, only carry on banking business with and obtain unsecured overdraft and working capital facilities from banks approved by the Mezzanine Facility Agent (acting reasonably).