Borrower's confirmation Sample Clauses
The 'Borrower's confirmation' clause requires the borrower to formally affirm certain facts, conditions, or obligations as stipulated in the agreement. Typically, this involves the borrower confirming that all provided information is accurate, that they are in compliance with the terms of the loan, or that no default has occurred. By including this clause, the lender gains assurance regarding the borrower's representations, which helps mitigate risk and ensures ongoing transparency throughout the contractual relationship.
Borrower's confirmation. (a) Borrower's confirmation must be made on the Platform by marking respective checkbox and clicking on “Confirm funds” (when prompted by the Platform) while logged in the borrower's user account created with the Platform (which requires authentication).
(b) ▇▇▇▇▇▇▇▇'s confirmation will be presented to Payment Oracle via Platform.
(c) It is ▇▇▇▇▇▇▇▇'s responsibility to verify whether they received all the funds as required by Article
3.1 of the Loan agreement before making the Borrower's confirmation. Payment Oracle shall be entitled to act upon the Borrower's confirmation without any duty to examine or otherwise check the factual or legal accuracy of such a confirmation whatsoever.
(d) Payment Oracle may, in its own discretion:
(i) accept the Borrower's confirmation (A) made otherwise than required by Clause 4.2(a), or (B) presented to Payment Oracle directly from the Borrower - Payment Oracle shall accept such confirmations in the case of Platform failure, breakdown or other technical issues preventing its use;
(ii) ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇'s confirmation, notably incases contemplated by ▇▇▇▇▇▇ 4.2(d)(i) above, satisfies specified formal or other conditions (e.g qualified electronic signature, notarized signature), be presented by specified communication channel(s), supple- mented by additional information or accompanied by supportive documents.
(e) For the avoidance of doubt, nothing in Clause 4.2(d) shall be interpreted as prejudicing the Payment Oracle's entitlement to fully rely on and act upon the Borrower's confirmation.
Borrower's confirmation. (a) The Borrower confirms that none of the potential offerees whose names were disclosed to it by the Arranger before the date of this Agreement were known or suspected by it to be an Offshore Associate of the Borrower or an Associate of any other such offeree.
(b) It will immediately advise the Arranger or the Agent if the invitees disclosed to it by the Arranger or the Agent are known or suspected by it to be an Offshore Associate of the Borrower or an Associate of any other invitee.
Borrower's confirmation. The Borrower confirms to each Lender that:
(a) invitations to become a lender under this Agreement have been made by the Borrower to at least ten parties;
(b) at least ten of the parties to whom the invitations referred to in paragraph (a) were made were not, as at the date invitations were made, to the knowledge of the relevant officers of the Borrower involved in the transaction on a day to day basis, Associates of any of the others of those ten invitees; and
(c) no invitations referred to in paragraph (a) were made to parties whom relevant officers of the Borrower involved in the transaction on a day to day basis are aware are Offshore Associates of the Borrower.
Borrower's confirmation. The Borrower's request to the Bank for any Advance shall be deemed to be a representation and warranty to the Bank that the conditions specified in Section 4.1 for such Advance have been satisfied.
Borrower's confirmation. The Borrower represents and warrants that: (a) it made, before the date of this Agreement, invitations to at least ten (10) parties (the “Invitees”), each of whom the Borrower reasonably believed at the time the invitation was made was carrying on the business of providing finance, or investing or dealing in securities, in the course of operating in financial markets, to become a Lender under this Agreement for the purposes of section 128F(3A)(a)(i) of the Tax Act; and (b) at the time the invitations referred at clause 30.1(a) were made, none of the Invitees were known or suspected to be an Offshore Associate of the Borrower or a Tax Associate of any other Invitee.
Borrower's confirmation. The Borrower confirms for the benefit of the Springdale Lender Agent and the Springdale Lenders that: (i) it has specifically requested the Springdale Lenders to make available the facility contemplated by this Agreement, and in doing so has undertaken or procured such financial and credit analysis of its position (before, and as it is projected to be after the Borrowing) as it deems necessary and appropriate, and made a separate and independent decision to enter into this Agreement; and (ii) prior to entering into this Agreement, it has sought and obtained such independent legal, tax, accounting and other professional advice in relation this Agreement and the transactions contemplated by it (including without limitation, the purposes and intents set forth in Preliminary Statements (2) and (3) hereof, and the purposes for which the proceeds of the Borrowing may be used by the Borrower) as it deems necessary and appropriate.
Borrower's confirmation. 8 8 Owners’ confirmation......................................................................................................................8 9
Borrower's confirmation. The Borrower confirms that Lender has a security interest in the collateral described in ▇▇▇-▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇. ▇▇▇▇▇▇, filed on December 25, 1995, including all of Borrower's brands.
Borrower's confirmation. The Borrower confirms and agrees that:
10.2.1 each SBLC Lender shall be entitled and bound to make any payment demanded in writing by the Beneficiary under an SBLC without making any investigation as to the bona fide nature, validity or genuineness of any such request or demand or the capacity of or any limitation on the powers of any person issuing such demand notwithstanding that the Borrower may dispute the validity of such demand or payment or that the SBLC Lender may not have confirmed that the Borrower agrees to the validity of such demand or such payment;
10.2.2 the liability and obligation of such SBLC Lender to make such payment shall be in no way diminished or prejudiced if it should appear that, as between the Beneficiary and such SBLC Lender, the Beneficiary was not entitled for whatever reason to demand payment under such SBLC or that such demand was not valid or genuine;
10.2.3 the SBLC Lenders deal in documents only and shall not be concerned with the legality of any claim or any other underlying transaction or any set-off, counterclaim or defence as between the Borrower and the Beneficiary;
10.2.4 the obligations of the Borrower under this Agreement, including, without limitation, its obligations under this Clause 10 shall not be affected by any act, omission, matter or thing which but for this provision, might operate to release or otherwise exonerate the Borrower from such obligations in whole or in part whether or not known to the Borrower, including, without limitation:
(A) any time or waiver granted to or composition with any SBLC Lender, the Beneficiary or any other person whatsoever; or
(B) any taking, variation, compromise, renewal or release of or refusal or neglect to perfect or enforce any rights, remedies or securities available to the SBLC Lender concerned, the Beneficiary or any other person or arising under any SBLC; or
(C) any variation of the SBLCs so that references in this Agreement to any SBLC shall include any such variation in that SBLC.
Borrower's confirmation. Each Borrower hereby confirms its approval of the contents of this Agreement, and confirms and agrees that its obligations under the Loan Agreement and other Security Documents to which it is a party shall continue to be in full force and effect and shall extend to cover all sums from time to time owing by it under the Loan Agreement as supplemented by this Agreement and the other Security Documents.