Borrower’s Accounts. Except as prohibited by law, Borrower grants Bank a security interest in all of Borrower's accounts with Bank and any of its affiliates.
Borrower’s Accounts. The Borrowers hereby authorize the Administrative Agent to charge the Borrowers’ accounts with the Administrative Agent in order to cause timely payment to be made to the Administrative Agent of all principal, interest, fees and expenses due hereunder (subject to sufficient funds being available in its accounts for that purpose).
Borrower’s Accounts. Except as prohibited by law, Borrower grants Bank a security interest in all of Borrower’s accounts with Bank and any of its affiliates. Swap Agreements. All swap agreements (as defined in 11 U.S.C. § 101), if any, between Borrower and Bank or its affiliates are independent agreements governed by the written provisions of said swap agreements, which will remain in full force and effect, unaffected by any repayment, prepayment, acceleration, reduction, increase or change in the terms of this Note, except as otherwise expressly provided in said written swap agreements, and any payoff statement from Bank relating to this Note shall not apply to said swap agreements unless expressly referred to in such payoff statement.
Borrower’s Accounts. Borrower shall maintain any and all operating, security deposit, and reserve accounts for the Property with Lender and pledge the same to Lender as security for the Loan.
Borrower’s Accounts. Except as prohibited by law, Borrower grants Bxxx x xxcurity interest in all of Borrower's accounts with Bank and any of its affiliates. Swap Agreexxxxx. Xll swap agreements (as defined in 11 U.S.C. ss. 101, as in effect from time to time), if any, between Borrower and Bank or its affiliates are independent agreements governed by the written provisions of said swap agreements, which will remain in full force and effect, unaffected by any repayment, prepayment, acceleration, reduction, increase or change in the terms of this Note, except as otherwise expressly provided in said written swap agreements, and any payoff statement from Bank relating to this Note shall not apply to said swap agreements unless expressly referred to in such payoff statement.
Borrower’s Accounts. (a) The Borrowers hereby jointly and severally represent and warrant to the Agent and the Lenders, with respect to the Accounts owned by each Borrower, that, except as otherwise disclosed to the Agent:
(i) each existing Account of such Borrower represents, and each future Account will represent, a bona fide sale or lease and delivery of goods by such Borrower or rendition of services by such Borrower; (ii) each existing Account of such Borrower is, and each future Account will be, for a liquidated amount payable by the Account Debtor thereon on the terms set forth in the invoice therefor or in the schedule thereof delivered to the Agent; (iii) no payment will be received with respect to any Account, and no credit, discount, or extension, or agreement therefor will be granted on any Account, except as reported to the Agent and the Lenders in accordance with this Agreement; (iv) each copy of an invoice delivered to the Agent by any Borrower will be a genuine copy of the original invoice sent to the Account Debtor named therein; and (v) all goods described in any invoice representing a sale of goods will have been delivered to the Account Debtor and all services of the applicable Borrower described in each invoice will have been performed.
(b) No Borrower shall re-date any invoice or sale or make sales on extended dating beyond that which is customary in such Borrower's business or extend or modify any Account owned by any Borrower. If any Borrower becomes aware of any matter adversely affecting the collectibility of any Account owned by any Borrower or the Account Debtor therefor involving an amount greater than $2,000,000, including information regarding the Account Debtor's creditworthiness, the Borrower Representative will promptly so advise the Agent.
(c) The Borrower Representative shall notify the Agent promptly of all disputes and claims in excess of $2,000,000 with any Account Debtor of any Borrower, and the Borrower Representative agrees to settle, contest, or adjust such dispute or claim at no expense to the Agent or any Lender.
(d) If an Account Debtor of any Borrower returns any Inventory to such Borrower, then the applicable Borrower shall promptly determine the reason for such return and shall issue a credit memorandum to the Account Debtor in the appropriate amount. Whenever any Inventory of any Borrower is returned, the related Account shall be deemed ineligible to the extent of the amount owing by the Account Debtor with respect to such retu...
Borrower’s Accounts. Except as prohibited by law, Borrower grants Bxxx x xxcurity interest in all of Borrower's accounts with Bank and any of its affiliates.
Borrower’s Accounts. The Borrower's Accounts for the year ending 31 December 2005 and all other annual financial statements relating to the Borrower required to be delivered under Clause 10.2.18 of this Agreement, were each prepared in accordance with GAAP, give (in conjunction with the notes thereto) a true and fair view of (in the case of annual financial statements) or fairly represent (in the case of quarterly accounts) the financial condition of the Borrower Group at the date as of which they were prepared and the results of the Borrower Group’s operations during the financial period then ended.
Borrower’s Accounts. All financial statements relating to the Group required to be delivered under Clause 12.1, were each prepared in accordance with GAAP, give (in conjunction with the notes thereto) a true and fair view of (in the case of annual financial statements) or fairly represent (in the case of quarterly accounts) the financial condition of the Group at the date as of which they were prepared and the results of the Group's operations during the financial period then ended.
Borrower’s Accounts. Borrower has established and shall maintain during the term of this Loan the Borrower’s Funds Account in connection with the acquisition, development, marketing and operation of the Projects and the Central Account:
