Borrowing and Guarantees. The General Partner shall have the right, at its option, to cause the Partnership and its Subsidiaries to incur Indebtedness under the Loan Agreement and as otherwise permitted by the Loan Documents; provided that the Partnership and its Subsidiaries will not, directly or indirectly, incur, create, issue, assume or guarantee any Additional Debt without the prior written consent of UST, which consent shall not be unreasonably withheld. At any time that there are no Loans outstanding, the Partnership and its Subsidiaries will not, directly or indirectly, incur, create, issue, assume or guarantee any Indebtedness unless on a pro forma basis the Leverage Ratio as of such date does not exceed (i) the maximum leverage allowed pursuant to TALF Debt, if the Partnership or any of its Subsidiaries have incurred TALF Debt that remains outstanding, or (ii) 5.0x, if TALF Debt is no longer available for the purchase or acquisition of Eligible Assets or the Partnership and its Subsidiaries have not incurred TALF Debt that remains outstanding. In connection with the Loan Documents and subject to Section 4.1(b)(iii), the Partnership shall be authorized to pledge, mortgage, assign, transfer and grant security interests in Investments and Subsidiaries and any other collateral identified in any of the Loan Documents; provided that the General Partner shall not have the right to (i) pledge the Capital Commitment of UST to any Person, including a lender or (ii) otherwise assign the right to call Capital Contributions from UST.
Borrowing and Guarantees. The Manager shall have the right, at its option, to cause the Fund to borrow money from any Person, or to guarantee loans or other extensions of credit for the purpose of: (i) providing interim financing to cover Fund Expenses; or (ii) leveraging existing Investments to increase the Fund’s lending capacity, provide a means for additional Investments, manage cash utilization and augment annual investment returns. Any loan shall be non-recourse to the Members and secured solely by applicable Investments.
Borrowing and Guarantees. Except for advances from Buyer, Growth Industries, Inc., and its Subsidiaries (a) do not have any indebtedness for borrowed money, (b) are not lending or committed to lend any money (except for advances to employees in the ordinary course of business), and (c) are not guarantors or sureties with respect to the obligations of any Person.
Borrowing and Guarantees. ECNC and its Subsidiaries (a) do not have any indebtedness for borrowed money, (b) are not lending or committed to lend any money (except for advances to employees in the ordinary course of business), and (c) are not guarantors or Sureties with respect to the obligations of any Person.
Borrowing and Guarantees. Except as provided in Section 1(h), Xxxxxxx Energy (a) does not have any indebtedness for borrowed money, (b) is not lending or committed to lend any money (except for advances to employees in the ordinary course of business), and (c) is not a guarantor or surety with respect to the obligations of any person.
Borrowing and Guarantees. Except as otherwise disclosed by AMWS, AMWS (a) does not have any indebtedness for borrowed money, (b) is not lending or committed to lend any money (except for advances to employees in the ordinary course of business), and (c) is not a guarantor or Surety with respect to the obligations of any Person.
Borrowing and Guarantees. 10Charge US (a) does not have any indebtedness for borrowed money, (b) is not lending or committed to lend any money (except for advances to employees in the ordinary course of business), and (c) is not a guarantor or surety with respect to the obligations of any person.
Borrowing and Guarantees. 10Charge Hungary (a) has no indebtedness for borrowed money, (b) is not lending or committed to lend any money (except for advances to employees in the ordinary course of business and as otherwise previously disclosed in writing to 10Charge US), and (c) is not a guarantor or surety with respect to the obligations of any person.
Borrowing and Guarantees. The Fund may not borrow amounts, issue guarantees or otherwise incur indebtedness except on a short-term basis for periods of less than six months to finance investments pending receipt by the Fund of drawdowns. The aggregate liability of the Fund with respect to all borrowing, guarantees and indebtedness shall not exceed the lesser of (A) [15]% of the total Commitments and (B) the aggregate amount of Remaining Commitments. [Subject to the foregoing, the Fund Manager or the General Partner may establish a credit facility for the Fund with one or more financial institutions, pursuant to which the Fund’s obligations are secured by a pledge or other grant of a security interest and the assignment by the General Partner to the relevant lender of the rights of the General Partner to deliver drawdown notices to the Limited Partners and to enforce all remedies against Limited Partners that fail to fund their respective Remaining Commitments.] Management Fee The Management Fee is payable from the date the Fund acquires its first permanent Portfolio Investment to the earlier of the last day of the initial term of the Fund and the appointment of a liquidator other than the General Partner. Until the termination of the Commitment Period or, if earlier, when a management fee begins to accrue in respect of a Successor Fund, the Management Fee will be [•]% per annum of the Commitment of each Limited Partner. Thereafter (and during any period of suspension of investments) the Management Fee will be [•]% per annum of the Capital Contributions made by such Limited Partner to fund the acquisition cost of Portfolio Investments (other than Temporary Investments), less an amount equal to the Acquisition Cost of Portfolio Investments (other than Temporary Investments) that have been realized (in whole or in part), written off, or permanently written down as of the end of the most recent financial quarter. Management Fee is payable in quarterly instalments in advance. Management Fee Offset Each quarterly Management Fee instalment shall be reduced (but not below zero) by an amount equal to each Limited Partner’s pro rata share of the aggregate amount of Fee Income paid since the preceding payment date. Any excess of Fee Income will roll forward and reduce succeeding Management Fee instalments. Any Fee Income not used to reduce the Management Fee and remaining on the termination of the Fund will be distributed to the non-defaulting Limited Partners in proportion to their Commitmen...
Borrowing and Guarantees. The General Partner shall have the right, at its option, to cause the Partnership to guarantee loans or other extensions of credit made to any current or prospective Portfolio Company (or to any subsidiary thereof) or any vehicle formed to effect the acquisition thereof or of any real property or other asset acquired by the Partnership; and may incur indebtedness for the purpose of (i) covering Partnership Expenses; (ii) providing interim financing to the extent necessary to consummate the purchase of Investments prior to the receipt of Capital Contributions; and (iii) providing funds for the payment of amounts to withdrawing Partners; provided that any such borrowings from the General Partner or its Affiliates shall be on terms at least as favorable to the Partnership as those available from unaffiliated third parties.
