Borrower Certification. 12. Verification of PFRS Membership.
Borrower Certification. The Investor Adviser, on behalf of the Company, hereby certifies that after giving effect to such Committed Borrowing: (A) (i) no Borrowing Base Deficiency will exist and (ii) no Default would occur or be continuing, in each case based on the most recent Borrowing Base determination received from the Administrative Agent and (B) in the case of any Loan, the proceeds of such Loan will be used solely for Permitted Uses and, in the case that such proceeds will be used to purchase a Collateral Asset, no Borrowing Base Deficiency would exist after giving effect to such purchase on a pro forma basis. [Remainder of page intentionally left blank.] Form of Committed Loan Notice Highland Capital Management Fund Advisors, L.P. By: Name: Title: Form of Committed Loan Notice EXHIBIT B FORM OF NOTE FOR VALUE RECEIVED, the undersigned (the “Borrower”) hereby promises to pay to _____________________ or registered assigns (the “Lender”), in accordance with the provisions of the Agreement (as hereinafter defined), the principal amount of each Loan from time to time made by the Lender to the Borrower under that certain Credit Agreement, dated as of February 2, 2018 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Agreement;” the terms defined therein being used herein as therein defined), among HFRO Sub, LLC, the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent. The Borrower promises to pay interest on the unpaid principal amount of each Loan from the date of such Loan until such principal amount is paid in full, at such interest rates and at such times as provided in the Agreement. All payments of principal and interest shall be made to the Administrative Agent for the account of the Lender in Dollars and in Same Day Funds at the Administrative Agent’s Office. If any amount is not paid in full when due hereunder, such unpaid amount shall bear interest, to be paid upon demand, from the due date thereof until the date of actual payment (and before as well as after judgment) computed at the per annum rate set forth in the Agreement. This Note is one of the Notes referred to in the Agreement, is entitled to the benefits thereof and may be prepaid in whole or in part subject to the terms and conditions provided therein. This Note is also secured by the Collateral. Upon the occurrence and continuation of one or more of the Events of Default specified in the Agreement, all amounts then...
Borrower Certification. Any Borrower Certification proves to have been inaccurate when made; or
Borrower Certification. Borrower hereby certifies that the representations, warranties and covenants set forth in the Settlement Agreement Regarding Loans between Borrower and LaSalle dated August ___, 2002 pertaining to the Loans and operation of the Premises are true and correct and run to the benefit of Lender.
Borrower Certification. That certain Main Street Priority Loan Facility Borrower Certifications and Covenants dated as of even date herewith, from Borrower in favor of Lender, as the same may be amended or modified from time to time.
Borrower Certification. Borrower shall complete and provide to the Lender on an annual basis a certification, in a form prescribed by the Lender, stating whether the property remains the Borrower’s principal residence.
Borrower Certification. Borrower certifies that, as of the date hereof, its good faith and reasonable estimate of the cost of the remaining Corrective Work (as defined in the EPC Contract (T1/T2)) with respect to Train 1 is $2.0 million.
Borrower Certification. Any Borrower Certification proves to have been inaccurate, other than to the extent that (i) the Calculation Agent makes an arithmetic error in the Borrowing Base provided by the Calculation Agent with respect to such Borrower Certification or (ii) notwithstanding such Borrower Certification, a Borrowing Base Deficiency resulted in the case of a Loan to purchase a Collateral Asset or release of funds to purchase a Collateral Asset and such Borrowing Base Deficiency (A) was in an amount less than $1,000,000 and (B) was timely cured pursuant to Section 2.03(B); or
Borrower Certification. On the date hereof, Schedule 2.1(pp) sets forth (a) Borrower’s jurisdiction of organization, (b) the location of Borrower’s chief executive office, (c) Borrower’s exact legal name as it appears on its organizational documents and (d) Borrower’s organizational identification number (to the extent Borrower is organized in a jurisdiction which assigns such numbers) and federal employer identification number.
