Borrower's confirmation Sample Clauses

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) Xxxxxxxx's confirmation will be presented to Payment Oracle via Platform. (c) It is Xxxxxxxx'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) demand that Xxxxxxxx's confirmation, notably in cases contemplated by Clause 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 avoidance of doubt, nothing in the 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.
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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.
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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.
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Borrower's confirmation. 8 8 Owners’ confirmation......................................................................................................................8 9
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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.
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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.
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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.
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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.
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Borrower's confirmation. The Borrower confirms that Lender has a security interest in the collateral described in XXX-0 Xxxxxxxxx Xxxxxxxxx Xx. X00000, filed on December 25, 1995, including all of Borrower's brands.
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Related to Borrower's confirmation

  • Borrower’s Copy Borrower shall be given one copy of the Note and of this Security Instrument.

  • Borrower’s Loan Application Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower’s knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Xxxxxxxx’s occupancy of the Property as Xxxxxxxx’s principal residence.

  • Opinions of Borrower’s Counsel Lender shall have received opinions from Borrower’s counsel with respect to non-consolidation and the due execution, authority, enforceability of the Loan Documents and such other matters as Lender may require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance satisfactory to Lender and Lender’s counsel in their reasonable discretion.

  • Opinion of Borrower's Counsel The Lender shall have received the favorable opinion of counsel for the Borrower addressed to the Lender.

  • DESTRUCTION OF BORROWER'S DOCUMENTS Any documents, schedules, invoices or other papers delivered to Bank, may be destroyed or otherwise disposed of by Bank six (6) months after they are delivered to or received by Bank, unless Borrower requests, in writing, the return of the said documents, schedules, invoices or other papers and makes arrangements, at Borrower's expense, for their return.

  • Borrower’s Certificate A certificate signed by Borrower to the effect that the Repairs have been fully paid for and no claim exists against Borrower or against the Mortgaged Property out of which a lien based on furnishing labor or material exists or might ripen. Borrower may except from the certificate described in the preceding sentence any claim(s) that Borrower intends to contest, provided that any such claim is described in Borrower’s certificate. If required by Lender, Borrower also must certify to Lender that the Repairs are in compliance with all applicable building codes and zoning ordinances.

  • Execution of Loan Documents; Borrowing Base Certificate The Borrowers hereby empower and authorize the Borrower Representative, on behalf of the Borrowers, to execute and deliver to the Administrative Agent and the Lenders the Loan Documents and all related agreements, certificates, documents, or instruments as shall be necessary or appropriate to effect the purposes of the Loan Documents, including, without limitation, the Borrowing Base Certificates and the Compliance Certificates. Each Borrower agrees that any action taken by the Borrower Representative or the Borrowers in accordance with the terms of this Agreement or the other Loan Documents, and the exercise by the Borrower Representative of its powers set forth therein or herein, together with such other powers that are reasonably incidental thereto, shall be binding upon all of the Borrowers.

  • Cooperation of Borrower If necessary, Borrower agrees to (i) execute any documents (including new Secured Promissory Notes) reasonably required to effectuate and acknowledge each assignment of a Term Loan Commitment or Loan to an assignee in accordance with Section 12.1, (ii) make Borrower’s management available to meet with Collateral Agent and prospective participants and assignees of Term Loan Commitments or Credit Extensions (which meetings shall be conducted no more often than twice every twelve months unless an Event of Default has occurred and is continuing), and (iii) assist Collateral Agent or the Lenders in the preparation of information relating to the financial affairs of Borrower as any prospective participant or assignee of a Term Loan Commitment or Term Loan reasonably may request. Subject to the provisions of Section 12.9, Borrower authorizes each Lender to disclose to any prospective participant or assignee of a Term Loan Commitment, any and all information in such Lender’s possession concerning Borrower and its financial affairs which has been delivered to such Lender by or on behalf of Borrower pursuant to this Agreement, or which has been delivered to such Lender by or on behalf of Borrower in connection with such Lender’s credit evaluation of Borrower prior to entering into this Agreement.

  • Condition of Borrower Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

  • Condition of Borrowers Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrowers and any other guarantor such information concerning the financial condition, business and operations of the Borrowers and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrowers or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

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