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, 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. 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.
By Lender. LENDER shall indemnify and hold BROKER and its agent harmless from any and all demands, costs, judgments and claims of any kind (including attorneys fees and court costs) arising out of claims on an Application or resulting Loan arising from the acts or omissions of LENDER or its personnel or agents after the submission of an Application to LENDER.
By Lender. The Lender may assign, transfer, novate or otherwise deal with its rights, interests and obligations under this Agreement without the consent of, or notice to, an Obligor, including without limitation to any party that provides finance to the Lender.
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. To the extent permitted by law, Lender will indemnify and hold harmless Borrower, each of its directors, each of its officers who have signed the registration statement, each person, if any, who controls Borrower within the meaning of the Securities Act, and any underwriter, against all losses, claims, damages or liabilities (joint or several) to which Borrower or any such director, officer, controlling person or underwriter may become subject under the Securities Act, the 1934 Act or other federal or state law, insofar as such losses, claims, damages or liabilities (or actions in respect thereto) arise out of or are based on any Violation, in each case to the extent (and only to the extent) that such Violation occurs in reliance on and in conformity with written information furnished by Lender expressly for use in connection with such registration; and Lender will reimburse any legal or other expenses reasonably incurred by Borrower or any such director, officer, controlling person or underwriter in connection with investigating or defending any such loss, claim, damage, liability or action; provided, however, that the indemnity agreement contained in this Section 22.5.2 shall not apply to amounts paid in settlement of any such loss, claim, damage, liability or action if such settlement is effected without the consent of Lender, which consent shall not be unreasonably withheld; and provided, further, that the total amounts payable in indemnity by Lender under this Section 22.5.2 in respect of any Violation shall not exceed the net proceeds received by Lender in the registered offering out of which such Violation arises.
By Lender. Effective as of the Key Principal Release Effective Date, Lender, for itself and the other Lender Released Parties (such persons and entities other than Lender are referred to collectively as the "Other Lender Releasors"), does hereby release, discharge and acquit Key Principal and Key Principal's officers, directors, agents, -13- representatives, and loan servicers (the "Key Principal Released Parties") and Borrower, and each of its officers, directors, shareholders, agents, employees, servicers, and affiliates, and their respective successors, heirs and assigns (collectively, the "Borrower Released Parties"), of and from any and all Claims, which in any way arise out of, are connected with or relate to any or all of the following: (a) the Loan or the servicing or administration of the Loan, as well as any action or inaction of the Key Principal Released Parties or the Borrower Released Parties or any of them with respect to the Loan or the servicing or administration thereof; (b) any or all of the transactions which are the subject of or contemplated by any or all of the Loan Documents (it being agreed that although the Loan is cross-defaulted and cross-collateralized with other loans encumbering the other Borrower Projects, the foregoing shall not be deemed to apply to those other loan transactions even though the term "Loan Documents" may include documents related to such other loans); (c) the Property; (d) this Agreement or enforcement of this Agreement; or (e) any fact, matter or transaction existing or occurring as of or prior to the Key Principal Release Effective Date and relating to the Loan, including the Letter Agreement or the Order; provided, however, that the foregoing release shall not apply to the payment obligations, if any, of the Key Principal Released Parties or the Borrower Released Parties remaining under the Letter Agreement or the Order after the Key Principal Release Effective Date. Upon payment of all amounts due by all parties having payment obligations under the Letter Agreement or the Order after the Key Principal Release Effective Date, Lender shall provide a substantially similar release with respect to such obligations. As to all matters being released by Lender and the Other Lender Releasors pursuant to the provisions hereof, Lender for itself and on behalf of the Other Lender Releasors, expressly acknowledges that the Release of Claims set forth in this Section 23(c) applies to all Claims whether or not known to Lender or...
By Lender. Lender shall deliver the original Note marked "paid in full" (or a lost note affidavit if the original Note is unavailable) to Exxxx Xxxx, Esq. at the following address: c/o Bewley, Lassleben & Mxxxxx, 510 Whittier Square, 10000 Xxxx Xxxx Xxxxxx, Xxxxxxxx, Xxxxxxxxxx, 00000.
