By Lender Sample Clauses

By Lender. Lender may assign its right, title and interest in this Agreement, in whole or in part, effective upon notice to Borrower and Pledgeholder. Following such assignment, this Agreement shall be binding upon and inure to the benefit of any such assignee. Such assignment shall be conditioned on compliance with any applicable state and federal securities laws and, upon request by Borrower, Lender shall furnish an opinion of counsel to such effect, reasonably satisfactory to the Issuer and Borrower.

By Lender. Without the prior written consent of Lender, the Borrowers and Guarantors will at all times comply with the covenants contained in this Article V, from the date hereof and for so long as any part of the Notes or the Commitment is outstanding.

By Lender. If any Brooke Party fails to comply with subsection (a) above, such Brooke Party authorizes the Lender to file financing or continuation statements, and amendments thereto and assignments thereof, relating to all or any part of the Collateral without the signature of the Borrower, BWF, the Servicer or the Seller where permitted by law in order to enable the Lender to exercise its respective rights and remedies under this Agreement. A photocopy or other reproduction of this Agreement shall be sufficient as a financing statement where permitted by law. The Lender will promptly send to the Borrower any financing or continuation statements thereto which it files without the signature of the Borrower (but a failure to do so shall not affect the effectiveness of such statements).

By Lender. The Lender may at its own cost assign or transfer all or any of its rights or obligations under the Finance Documents at any time provided only that it notifies the Borrower which it may do at any time before or after any such transfer.

By Lender. Lender shall: (a) execute and deliver to Guarantor an Assignment of Interest in Security Agreement in the form of Exhibit C; (b) execute and cause to be filed with the Oregon Secretary of State and Multnomah County Recorder a UCC-3 financing statement, reflecting the assignment described in clause (a); and (c) xxxx the Demand Note "Paid" and deliver the same to Borrower.

By Lender. In confirmation of the provisions of this Agreement, Lender, for itself and for all persons claiming by or through it, hereby releases, acquits and fully discharges Borrower and his heirs and assigns from any and all claims, liabilities, causes of action, damages or expenses, known or unknown, accrued or unaccrued, contingent or other-wise, whether sounding in contract or tort, arising on or before the date hereof, under common law or by statute or regulation, that is based upon facts arising prior to the date of this Agreement, with respect to any matter or action related to the matters described in this Agreement and any other matters and relationships between the parties, SAVE AND EXCEPT only those obligations referred to in Section 4.3 below.

By Lender. On the date on which the Advance is to be made, the Lender shall make the Advance available to the Borrower by crediting the same in favour of the Borrower to the account of a licensed bank in Singapore set out in the Borrower’s notice of drawdown under Clause 4(A)(1) or by drawing on a licensed bank in Singapore a cheque in favour of the Borrower, no later than the date on which the Advance is to be made, before close of business in Singapore on that date, or in such other manner as may be agreed by the Lender. All costs and expenses (including bank charges and all costs and expenses of purchasing any currency) incurred in the making of the Advance shall be borne by the Borrower.

By Lender. On the date on which the Advance is to be made, the Lender shall make the Advance available to the Borrower by making payment of the same to the parties set out in the Borrower’s notice of drawdown under Clause 4(A) (1), no later than the date on which the Advance is to be made, before close of business in Singapore on that date, or in such other manner as may be agreed by the Lender. All costs and expenses (including bank charges and all costs and expenses of purchasing any currency) incurred in the making of the Advance shall be borne by the Borrower.

By Lender. On or prior to the Closing Date, the Lender shall deliver or cause to be delivered to the Company the following: (i) this Agreement duly executed by the Lender; (ii) the Security Agreement, the form of which is attached hereto as Exhibit C, duly executed by the Lender; (iii) the $1,920,000 Funding Amount, less other expenses aggregating $210,000 set forth in the Flow of Funds Agreement, by wire transfer to the Company pursuant to the wiring instructions to be provided by the Company; (iv) the Registration Rights Agreement duly executed by the Lender and in the form of Exhibit E attached hereto; (v) the Flow of Funds Agreement duly executed by the Lender and in the form of Exhibit G attached hereto; (vi) the Transfer Agent Instructions duly executed by the Lender and in the form of Exhibit H attached hereto; and (vii) the AGP Agreement duly executed by the Lender and in the form of Exhibit I attached hereto.

By Lender. Upon Borrower's compliance with the provisions of Section 3.1 hereof, and provided that Borrower is not in default, and subject to all other provisions of this Agreement, Lender will advance and disburse the Construction Loan in monthly installments at the times and amounts in accordance with Schedule "A" attached hereto. Such advances as provided by this Section 3.2 shall be in addition to any prior advance necessary to complete the purchase of Property. However, in no event shall the total loan disbursement be greater than $765,000.00.