Borrower Obligations. (a) No recourse may be taken, directly or indirectly, with respect to the obligations of the Borrower, any Trustee, the Collateral Agent or the Administrative Agent on the Exchange Notes or under this Agreement or any certificate or other writing delivered in connection herewith or therewith, against (i) the Collateral Agent, any Trustee or the Administrative Agent, as such or in their individual capacities, (ii) any owner of a beneficial interest in the Borrower or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Collateral Agent, any Trustee or the Administrative Agent in their individual capacities, the Collateral Agent, any Trustee or the Administrative Agent or of any successor or assign of the Collateral Agent, any Trustee or the Administrative Agent, as such or in their individual capacities, except as any such Person may have expressly agreed (it being understood that the Collateral Agent, any Trustee or the Administrative Agent have no such obligations in their individual capacities) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity.
(b) It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by Wilmington Trust Company, not individually or personally but solely as Owner Trustee, Administrative Trustee and Delaware Trustee of the Borrower, in the exercise of the powers and authority conferred and vested in it under the Titling Trust Agreement, (ii) each of the representations, undertakings and agreements herein made on the part of the Borrower is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose for binding only the Borrower, (iii) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company, individually or personally, to perform any covenant either express or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and any Person claiming by, through or under the parties hereto, (iv) Wilmington Trust Company has made no investigation as to the accuracy or completeness of any representations or warranties made by the Titling Trust or APGO in this Agreement and (v) under no circumsta...
Borrower Obligations. 10.2.1 To provide accurate and true information
10.2.2 To provide certified true copies for the documents sought
10.2.3 Not to share information that may reveal borrowers identity in the borrower listings
10.2.4 To comply with the terms of use for the website, privacy policy and as well any other rules or policies set forth on XXXXXX POCKET’s website (xxxx://xxxxxxxxxxxx.xxx/ ), any of which may be amended from time to time by XXXXXX POCKET in its sole discretion. (collectively known as "XXXXXX POCKET terms and conditions").
10.2.5 To repay the required funded amount without any failure.
10.2.6 To co-operate with XXXXXX POCKET with the information/ documents sought from time-to-time.
10.2.7 Agree that, in connection with any borrower listings, lender commitments, loans or other transactions involving or potentially involving XXXXXX POCKET, not to(i) make any false, misleading or deceptive statements or omissions of material fact;(ii) misrepresent his identity, or describe, present or portray himself as a person other than him(iii) give to or receive from, or offer or agree to give to or receive from, any XXXXXX POCKET lender or other person any fee, bonus, additional interest, kickback or thing of value of any kind, including in exchange for such person's commitment, recommendation, or offer or agreement to recommend or make a commitment with respect to your listing;(iv) represent himself to any person as a director, officer or employee of XXXXXX POCKET, unless being so(v) Post anything abusive, harmful content or pictures; which is defamatory to XXXXXX POCKET and other members on the site
10.2.8 To either accept, withdraw or reject the listing offer prior to expiration of borrower listing period or additional li sting period as the case may be
Borrower Obligations. No recourse may be taken, directly or indirectly, with respect to the obligations of the Administrative Agent under this Agreement or any certificate or other writing delivered in connection with this Agreement, against (i) the Administrative Agent in its individual capacity, (ii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Administrative Agent, each in its individual capacity or (iii) any holder of a beneficial interest in the Administrative Agent except as any such Person may have expressly agreed (it being understood that the Administrative Agent has no such obligation in its individual capacity).
Borrower Obligations. The Borrower agrees that the Repair Work shall be performed strictly in accordance with all applicable ordinances and statutes, and in according with the requirements of all regulatory authorities, and any rating or inspection organization, bureau, association or office having jurisdiction. Borrower further agrees that the Repair Work shall not encroach upon any easement or right-of-way, or the land of others and that the Repair Work shall be wholly within the building restriction lines however established, and shall not violation applicable use or other restrictions contained in prior conveyances, zoning ordinances or regulations. Borrower shall furnish from time to time such evidence with respect thereto as may be required by Lender or HUD. Borrower shall provide or cause to be provided workers compensation insurance and public liability and other insurance required by applicable law or by the Mortgage[s]. All such policies shall be issued by companies approved by the Lender and shall be in form and amounts satisfactory to the Lender and HUD. Such policies shall be endorsed with standard Lender clauses making loss payable to Lender, its successors and assigns. Lender shall have the right to hold the original policies or duplicate original policies.
Borrower Obligations. Notwithstanding the fact that any Letters of Credit are issued for the account of Subsidiaries of the Borrower, any such L/C Obligations in respect of such Letters of Credit issued for the account of Subsidiaries shall for all purposes constitute Obligations of the Borrower under this Agreement and any Credit Extensions in respect of Letters of Credit, as the case may be, shall be Credit Extensions made for the account of the Borrower hereunder.
Borrower Obligations. The Borrower agrees to:
8.1 No later than five (5) business days after receiving from the Lender a notice or request of early repayment of the loan delivered to the Borrower in accordance with Clauses 7.1.5 or 13.3 hereof, repay the principal then outstanding and pay all interest, Fees and penalties as may have incurred as of such early repayment date.
8.2 Use the loan proceeds solely as intended in Clause 1 hereof.
8.3 Provide to the Lender duly executed payment documents and schedules thereto in accordance with the intended use of the loan (Clause 1.1 above) and, should it be so required by the Lender, the register of such payment documents (in the form approved by the Lender) no later than by the day when the corresponding tranche of the loan is expected to be disbursed to the Borrower.
8.4 Pay interest at the interest rate as may be determined hereunder, regardless of whether or not the Borrower receives from the Lender a notice specifying the applicable interest rate.
8.5 Provide to the Lender each quarter, no later than five (5) business days after the end date of the Russian statutory period for filing accounts with the tax authorities, the following documents and information:
(a) A full balance sheet prepared in a form approved by the Russian Finance Ministry, indicating the manner in which it is to be delivered to the competent agency of the Russian Federal Tax Service, certified by the Borrower’s manager and sealed with the Borrower’s corporate seal, and accompanied by explanatory notes (in the case of annual accounts) and an auditor’s report (or an auditor report’s summary) (where Russian law requires the accounts to be audited);
(b) A breakdown of the payables and receivables, indicating the names of the creditors and obligors, the amounts due and payable and the dates when such amounts became outstanding, indicating their status (overdue/current);
(c) A breakdown of the short-term and long-term financial investments, indicating the types and amounts of such investments and the names of the companies and businesses;
(d) A breakdown of the short-term and long-term loans and borrowings taken out by the Borrower (including promissory notes and bond issues), indicating the names of the lenders and creditors, the amounts outstanding, loan term, interest rate (coupon yield), loan repayment and interest payment schedule, and interest overdue;
(e) A breakdown of the security obtained (indicating the party which has provided such security and the benefi...
Borrower Obligations. Contemporaneously with the execution and delivery of this Agreement, Borrower:
5.1 Agrees to promptly execute, deliver, and provide to Lender such additional agreements, documents, and instruments as are reasonably required by Lender to effectuate the intent of this Agreement.
5.2 Fully, finally, and forever releases and discharges Lender and its successors, assigns, directors, officers, employees, agents, and representatives from any and all of Borrower's actions, causes of action, claims, debts, demands, liabilities, obligations, and suits, of whatever kind or nature, in law or equity, whether now known or unknown to Borrower, (i) in respect of the Loan, the Loan Documents, or the actions or omissions of Lender with respect to the Loan or the Loan Documents and (ii) arising from events occurring prior to the Agreement Date.
Borrower Obligations. The Borrower referred to this in Loan Agreement here- of agrees to borrow the amount including interest and fees (as detailed below) for a Total Loan Amount of K which loan shall be repaid over each fortnight commencing on of 20 , until the loan is fully repaid. The Borrower must repay the loan and pay the interest on the loan and all other amounts debited under this contract, and pay all fees as provided for below. The Borrower must pay the installments on the dates and in the manner specified in this contract. The Borrower must tell PNG Integrated Finance Ltd promptly if he/she changes his/her home address or employment. In the event of termination or resignation, the bor-
Borrower Obligations. (a) Guarantor hereby unconditionally and irrevocably guarantees and promises to pay to Lender, or order, on demand, in immediately available funds, and to defend, indemnify and hold harmless Lender and Lender’s agents, employees, representatives, directors, officers,
Borrower Obligations. (a) Notwithstanding anything herein or in any Loan Document to the contrary, and solely with respect to the Initial B-4 Dollar Term Loan Obligations, the Borrower and Co-Borrowers shall have joint and several liability in respect of all Initial B-4 Dollar Term Loan Obligations, without regard to any defense (other than the defense that payment in full has been made), setoff or counterclaim which may at any time be available to or be asserted by any other Loan Party against the Lenders, or by any other circumstance whatsoever (with or without notice to or knowledge of the Borrower and the Co-Borrowers) which constitutes, or might be construed to constitute, an equitable or legal discharge of the Borrower or the Co-Borrowers’ liability hereunder, in bankruptcy or in any other instance, and the Initial B-4 Dollar Term Loan Obligations of the Borrower and the Co-Borrowers hereunder shall not be conditioned or contingent upon the pursuit by the Lenders or any other person at any time of any right or remedy against the Borrower, the Co-Borrowers or against any other person which may be or become liable in respect of all or any part of the Initial B-4 Dollar Term Loan Obligations or against any Collateral or Guarantee therefor or right of offset with respect thereto. Each of the Borrower and the Co-Borrowers hereby acknowledge and agree that, solely with respect to the Initial B-4 Dollar Term Loans, this Agreement is the independent and several obligation of each of the Borrower and the Co-Borrowers (regardless of the Borrower having delivered a request for borrowings under Section 2.02) and may be enforced against each of the Borrower and the Co-Borrowers separately, whether or not enforcement of any right or remedy hereunder has been sought against the Borrower or any Co-Borrower. Each of the Borrower and the Co-Borrowers hereby expressly waive diligence, presentment, demand of payment, protest and, to the extent permitted by Law, all notices whatsoever, and any requirement that any Secured Party exhaust any right, power or remedy or proceed against any other Loan Party under this Agreement or the Notes, if any, or any other agreement or instrument referred to herein or therein, or against any other person under any other guarantee of, or security for, any of the Initial B-4 Dollar Term Loan Obligations. The foregoing is in addition to, and not in lieu of, any of the other obligations of the Borrower and the Co-Borrowers under this Agreement, including, for the...
