Borrowing Money. 3.1 If the Borrower wants to borrow money under the Margin Loan Facility it must give the Lender a Borrowing Request. The Borrowing Request must include such information and be given to the Lender in such a manner (including written, electronically or verbally) as the Lender may require from time to time.
3.2 If the Borrower wants to change or cancel a Borrowing Request or a deemed Borrowing Request it must provide a Notice to the Lender such that the Lender receives the Notice before it has advanced the money requested. The Lender is not responsible for changing or cancelling any instruction to buy or acquire any Security or property the subject of or related to the changed or cancelled Borrowing Request or deemed Borrowing Request.
3.3 Without limiting the generality of Clause 3.5, the Borrower is not entitled to give the Lender a Borrowing Request, unless the following conditions are satisfied:
(a) the Facility Balance, at the end of the Business Day on which the money is to be advanced, will be, in the opinion of the Lender, less than the lesser of the Credit Limit and the Lending Value;
(b) the Borrower has paid the Lender any fees owing to the Lender;
(c) the Margin Loan Facility is not subject to Gearing Adjustment;
(d) an Event of Default is not subsisting and is unlikely to occur; and
(e) the Borrower and the Guarantor have complied with such other conditions as the Lender may reasonably impose and have provided the Lender with all documents or information, both in form and in substance satisfactory to the Lender, as the Lender may require.
3.4 The conditions precedent in Clause 3.3 are for the benefit of the Lender only. The Lender may impose any one or more of such conditions to reasonably protect its interests.
3.5 Even if everything required under this Clause 3 is done, the Lender may in its absolute discretion decline to advance a Loan. The Lender may in its absolute discretion advance a Loan even if everything required under this Clause 3 is not done.
3.6 The Borrower acknowledges that the Lender will not open the Margin Loan Facility or increase the Credit Limit unless the Lender is satisfied that the Lender has complied with its Responsible Lending Obligations. The Borrower acknowledges that the Lender may conduct other assessments before agreeing to open the Margin Loan Facility or increase the Credit Limit.
3.7 At all times the Borrower must ensure that the Facility Balance is less than the lesser of the Lending Value and the Credit Limi...
Borrowing Money. Universal Filtration has not borrowed, guaranteed the borrowing of money, engaged in any transaction or entered into any material agreement, except in the ordinary course of business as disclosed in the financial statements delivered to Auxer.
Borrowing Money. Axxxx has not borrowed, guaranteed the borrowing of money, engaged in any transaction or entered into any material agreement, except in the ordinary course of business.
Borrowing Money. The School Governing Authority may borrow money to pay necessary and actual expenses of the School in anticipation of receipt of any portion of the payments to be received by the School. The School Governing Authority may issue notes to evidence such a borrowing. A copy of all notes must be provided to the Sponsor within seven (7) business days of signing. The proceeds from the notes shall be used only for the purpose for which the anticipated receipts may be lawfully expended by the School. The School may borrow money for a term not to exceed fifteen (15) years for the purpose of acquiring facilities.
Borrowing Money. The Company shall not enter into an agreement relating to the borrowing of money or to the mortgaging or pledging of, or otherwise placing a lien or security interest on any asset of the Company without the consent of a majority of the Purchaser Directors, other than liens arising in the ordinary course of business (not in respect of indebtedness for borrowed money).
Borrowing Money. The School may borrow money to pay necessary and actual expenses of the School in anticipation of receipt of any portion of the payments to be received by the School. The School must issue notes to evidence such a borrowing. A copy of all notes must be provided to the Sponsor within five (5) business days of signing. The proceeds from the notes shall be used only for the purpose for which the anticipated receipts may be lawfully expended by the School. The School may borrow money for a term not to exceed fifteen (15) years for the purpose of acquiring facilities. All moneys borrowed from the School’s operator, including facilities loans or cash flow assistance, must be accounted for, documented, and bear interest at a fair market rate.
Borrowing Money. H/W has not borrowed, guaranteed the borrowing of money, engaged in any transaction or entered into any material agreement, except in the ordinary course of business as disclosed in the financial statements delivered to Axxxx.
Borrowing Money. The Trustees may borrow money from time to time upon such terms and conditions as they may deem expedient, and for the loans thus made or in renewal thereof they may issue their promissory note or notes as Trustees and may secure the repayment thereof by pledging any of the assets then in their control. Index
Borrowing Money. By resolution of the Board, the Authority may borrow money and issue notes and bonds in anticipation of the collection of taxes and other revenues for its current or succeeding fiscal year, to provide funds for operating purposes or for capital purposes related to transportation facilities pursuant to the provisions of Act 196.
Borrowing Money. Except as otherwise prohibited by Indiana law, the Association may not borrow money during any calendar year on behalf of the Association in an amount that exceeds the greater of:
