Common use of Business Affairs Clause in Contracts

Business Affairs. (a) The Borrower's business and affairs have at all times been, and will at all times be, managed, controlled and conducted in its own name as an identifiable business, separate, independent and identifiable from the business of the other Obligor or any other person; (b) The Borrower's records, books, accounts and minutes have at all times been, and will continue at all future times to be, maintained separate and distinct from those of the other Obligor or any other person; (c) The Borrower's assets and liabilities and the funds have at all times been, and will continue at all future times to be, kept separate and distinct from the other Obligor or any other person; and it has received, deposited, withdrawn, paid and disbursed, and will at all future times receive, deposit, withdraw, pay and disburse, all monies, funds and receivables in the ordinary course of its business and in a manner separate and distinct from the other Obligor or any other person; (d) The Borrower has not paid and will not pay, and is not and will not become liable for, any debt of the other Obligor or any other person; and (e) That all dealings and transactions of the Borrower with all other persons have at all times been and will continue at all times to be at arms-length.

Appears in 4 contracts

Samples: Multicurrency Revolving Facility Agreement (Anthracite Capital Inc), Multicurrency Revolving Facility Agreement (Anthracite Capital Inc), Facility Agreement (Anthracite Capital Inc)

AutoNDA by SimpleDocs

Business Affairs. (a) The Borrower's ’s business and affairs have at all times been, and will at all times be, managed, controlled and conducted in its own name as an identifiable business, separate, independent and identifiable from the business of the other Obligor or any other person; (b) The Borrower's ’s records, books, accounts and minutes have at all times been, and will continue at all future times to be, maintained separate and distinct from those of the other Anthracite Obligor or any other person; (c) The Borrower's ’s assets and liabilities and the funds have at all times been, and will continue at all future times to be, kept separate and distinct from the other Obligor or Anthracite Obligors and any other person; and it has received, deposited, withdrawn, paid and disbursed, and will at all future times receive, deposit, withdraw, pay and disburse, all monies, funds and receivables in the ordinary course of its business and in a manner separate and distinct from the other Obligor or Anthracite Obligors and any other person; (d) The Borrower has not paid and will not pay, and is not and will not become liable for, any debt of the other Obligor Anthracite Obligors or any other person; and (e) That all dealings and transactions of the Borrower with all other persons have at all times been and will continue at all times to be at arms-length.

Appears in 1 contract

Samples: Multicurrency Revolving Facility Agreement (Anthracite Capital Inc)

AutoNDA by SimpleDocs
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!