Borrower Loan Documents Clause Samples

Borrower Loan Documents. Borrower shall have executed and delivered to Agent each of the following, in form and substance acceptable to Agent and Agent's counsel: (i) This Agreement; (ii) The Loan Notes, the Swingline Note and the Letter of Credit Note; (iii) A solvency certificate; (iv) Agent's form of Funds Transfer Agreement and signature authorization form; and (v) All other documents to be executed by or on behalf of Borrower as listed on the Closing Checklist.

Borrower Loan Documents. The execution and delivery by the Borrower of the Loan Documents to which it is a party and the performance by it of its obligations thereunder (including its Guaranty) are in furtherance of its corporate purposes and necessary or convenient to the conduct, promotion and attainment of its business, and it shall derive a substantial benefit therefrom.

Borrower Loan Documents. This Agreement, the Borrower Note, the Tax-Exempt Regulatory Agreement, the Deed of Trust, the Guaranty, the ECA, the Security Documents, the Financing Statements, the Agreement to Furnish Insurance, any Hedge Documents, the Indemnity Agreement and all other agreements, instruments and documents (together with amendments, supplements and replacements thereto) now or hereafter executed and delivered to Governmental Lender or Bank in connection with the Borrower Loan.

Borrower Loan Documents. Borrower shall have executed and delivered to Agent each of the following, in form and substance acceptable to Agent and each other Lender: (i) this Agreement; (ii) the Notes; and (iii) all other documents which Agent reasonably requires to be executed by or on behalf of Borrower.

Borrower Loan Documents. Borrower (and any other party thereto) shall have executed, acknowledged (if appropriate) and delivered to Lender each of the following, in form and substance acceptable to Lender: (i) this Agreement; (ii) the Building Loan Agreement; (iii) the Notes; (iv) the Mortgages; (v) the Assignment of Agreements; (vi) the Assignment of Interest Rate Protection Agreement; (vii) the Cash Management Agreement; (viii) the Financing Statements with respect to the Liens on the Personal Property granted under the Mortgages and the other Loan Documents; and (ix) each of the other Loan Documents and all other documents to be executed and/or delivered by or on behalf of Borrower pursuant to this Agreement or as Lender shall otherwise reasonably require.

Borrower Loan Documents. Borrower shall have executed and delivered to Lender each of ▇▇▇ ▇▇▇▇owing, in form and substance acceptable to Lender: (i) this Agreement; (ii) the Note; (iii) all other documents which Lender reasonably requires to be executed by or on behalf of Borrower.

Borrower Loan Documents. (a) The Borrower is subject to civil and commercial Laws with respect to its obligations under this Agreement and the other Loan Documents to which it is a party (collectively as to the Borrower, the “Borrower Loan Documents”), and the execution, delivery and performance by the Borrower of the Borrower Loan Documents constitute and will constitute private and commercial acts and not public or governmental acts. Neither the Borrower nor any of its property has any immunity from jurisdiction of any court or from any legal process (whether through service or notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) under the laws of The Netherlands and existing in respect of its obligations under the Borrower Loan Documents. (b) The Borrower Loan Documents are in proper legal form under the Laws of The Netherlands for the enforcement thereof against the Borrower under the Laws of such jurisdiction, and to ensure the legality, validity, enforceability, priority or admissibility in evidence of the Borrower Loan Documents. It is not necessary to ensure the legality, validity, enforceability, priority or admissibility in evidence of the Borrower Loan Documents that the Borrower Loan Documents be filed, registered or recorded with, or executed or notarized before, any court or other authority in The Netherlands or that any registration charge or stamp or similar tax be paid on or in respect of the Borrower Loan Documents or any other document, except for (i) any such filing, registration, recording, execution or notarization as has been made or is not required to be made until the Borrower Loan Document or any other document is sought to be enforced and (ii) any charge or tax as has been timely paid. (c) There is no tax, levy, impost, duty, fee, assessment or other governmental charge, or any deduction or withholding, imposed by any Governmental Authority in or of The Netherlands either (i) on or by virtue of the execution or delivery of the Borrower Loan Documents or (ii) on any payment to be made by the Borrower pursuant to the Borrower Loan Documents. (d) The execution, delivery and performance of the Borrower Loan Documents executed by the Borrower are, under applicable foreign exchange control regulations of The Netherlands, not subject to any notification or authorization except (i) such as have been made or obtained or (ii) such as cannot be made or obtained until a later date (provided that any notification or authorizat...

Borrower Loan Documents. Borrower and each Guarantor shall have executed and delivered to Agent each of the following (to the extent such entity is a party to such document), in form and substance acceptable to Agent and each other Lender: (1) this Agreement; (2) the Notes; (3) the Guaranty; (4) the Price Enterprises Security Agreement; (5) a Funds Transfer Agreement; (6) the Stock Pledge Agreement; and (7) all other documents which Agent reasonably requires to be executed by or on behalf of Borrower.

Borrower Loan Documents. Receipt, prior to the Funding Date, from each Borrower of the following, in each case in form and substance reasonably acceptable to Lender: (a) a signed copy of the Note, with the original Note to follow promptly after the Funding Date; (b) a signed copy of the Security Agreement, with the original Security Agreement to follow promptly after the Funding Date; (c) a signed copy of the Principal Guaranty Agreement, with the original Principal Guaranty Agreement to follow promptly after the Funding Date; (d) such evidence as Lender requires as to the existence, good standing, authority and capacity of such Borrower and related Principal Guarantor as applicable, including: (i) For each limited partnership: A partner’s certificate having attached thereto (A) a true and complete copy of an executed copy of its partnership agreement and all amendments thereto; (B) a copy of the certificate of limited partnership issued by the jurisdiction of its formation and, if the jurisdiction of its formation is other than Texas, reasonably satisfactory evidence of qualification to do business in good standing in each state where such Borrower’s Stores are located, and (C) an incumbency provision evidencing the identity, authority and capacity of each Responsible Officer. (ii) For each corporation: An officer’s certificate having attached thereto (A) a copy of its articles of incorporation and bylaws, and all amendments thereto, a certificate of incumbency of all of its officers who will be authorized to execute or attest any of the Loan Documents to which it is a party, and a copy of resolutions approving the Loan Documents to which it is a party and authorizing the transactions contemplated by this Agreement; (B) certificates of existence and good standing issued by the jurisdiction of its formation and, if the jurisdiction of its formation is other than Texas, certificates of qualification to do business and good standing in each state where such Borrower’s Stores are located, and (C) an incumbency provision evidencing the identity, authority and capacity of each Responsible Officer. (iii) For each limited liability company: an officer’s certificate having attached thereto (A) a true and complete copy of the articles of organization and operating agreement, and all amendments thereto, a certificate of incumbency of all of its [members] [managers and officers] who are authorized to execute or attest to any of the Loan Documents, and a true and complete copy of resolutions ...