CONDITIONS OF LENDER Sample Clauses

CONDITIONS OF LENDER. FURTHER CONDITIONS TO EACH ADVANCE PURSUANT TO SUBSECTION 2.1(b) . .
Sample 1
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CONDITIONS OF LENDER s Recognition of Tenant. Lender or such other ------------------------------------------------ successor to Landlord's interest in the Property shall recognize Tenant's rights under the Lease in accordance with the terms of this Agreement; provided, however that Lender or such other successor shall not be (i) liable for any act or omission of Landlord or any predecessor in interest to Lender or such successor which occurred prior to the date title to the Property was transferred to Lender or such successor, except with respect to (a) Tenant's right to deduct from rents and parking charges next due under the Lease any remaining credit of Base Rent, Additional Rent or Direct Expenses, as specifically set forth in Sections 2.2, 3.2, 6.1.2, 8.1.2, 8.4.3, 8.5.2 and 10.3 of the Lease, (b) unpaid Tenant Improvement Allowance, as specifically set forth in Section 2 of Exhibit C to the Lease, (c) any unpaid arbitration or court award, in connection with a claim by Tenant under any Section of the Lease expressly enumerated in item (i)(a), above; (ii) liable for (x) any security deposit paid by Tenant to Landlord or its predecessor-in-interest, unless and until Lender or such successor actually has been credited with or has received for its own account as landlord the amount of such security deposit or any portion thereof (in which event the liability of Lender or such successor shall be limited to the amount actually credited or received), or (y) payment of rent or additional rent made by Tenant to Landlord or its predecessor-in-interest for more than one (1) month in advance of the applicable due date thereunder; (iii) subject, except as provided in item (i), above, to the contrary, to offsets, counterclaims or defenses which Tenant may have against Landlord or any predecessor-in-interest thereof to the extent the same arise prior to the date title to the Property was transferred to Lender or such successor; or (iv) bound, except as to amendments required under the terms of the Lease, by any agreement purporting to cancel, surrender, amend or modify the Lease, without the express written consent of Lender or its successor in interest, which consent shall not be unreasonably withheld. Lender shall also be relieved of any obligation of Landlord under the Lease accruing after an assignment by Lender of its interest in the Property and/or the Premises, provided that any successor-in-interest to Lender shall assume the responsibilities of Lender as Landlord under the Le...
Sample 1
CONDITIONS OF LENDER. The execution and delivery of this Agreement by the Lender and the making of the Advance to or for the benefit of the Borrower as set forth in Subsection 2.1(a) is subject to the fulfillment of the following conditions precedent, with all documents to be delivered to the Lender to be in form and substance satisfactory to the Lender: (a) The Lender shall have received the following documents, appropriately executed and acknowledged and in multiple counterparts as requested by the Lender: (1) This Agreement and the Note executed by the Borrower; (2) Certificates of the appropriate Tribunals of the State of Oklahoma, dated reasonably near the Closing Date, to the effect that attached thereto are the articles of incorporation of the Borrower and all amendments thereto, and that it is duly incorporated and in good standing with respect to the payment of all franchise or similar Taxes; (3) A copy of the bylaws of the Borrower and all amendments thereto, accompanied by a certificate issued by its secretary or assistant secretary that such copies are correct and complete; (4) Certificates of the appropriate Tribunals of the States where the Prospects are located, dated reasonably near the Closing Date, to the effect that it is duly qualified to transact business in such jurisdictions and is in good standing with respect to the payment of franchise and similar Taxes;
Sample 1
CONDITIONS OF LENDER s Obligations to make the Initial Loan. The obligation of Lender to make the initial Loan is subject to the fulfillment prior to or on the date of the initial Loan (the "Initial Loan Closing Date") of the following conditions, any of which may be waived in whole or in part by Lender. The "Initial Loan Closing" shall mean the delivery of all documentation and satisfaction of all conditions required by this Section 7.1 and the making of the initial Loan.
Sample 1

Related to CONDITIONS OF LENDER

  • Conditions of Lending The obligations of the Lenders to make Loans and of the Issuing Bank to issue Letters of Credit hereunder are subject to the satisfaction of the following conditions:

  • Obligations of Lenders Each Loan shall be made as part of a Borrowing consisting of Loans of the same Type made by the Lenders ratably in accordance with their respective Commitments. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

  • Obligations of Lenders Several The obligations of the Lenders hereunder to make Loans, to fund participations in Letters of Credit and Swing Line Loans and to make payments pursuant to Section 11.04(c) are several and not joint. The failure of any Lender to make any Loan, to fund any such participation or to make any payment under Section 11.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Loan, to purchase its participation or to make its payment under Section 11.04(c).

  • Representations of Lenders Each Lender listed on the signature pages hereof hereby represents and warrants (i) that it is an Eligible Assignee described in clause (A) of the definition thereof; (ii) that it has experience and expertise in the making of loans such as the Loans; and (iii) that it will make its Loans for its own account in the ordinary course of its business and without a view to distribution of such Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this subsection 10.1, the disposition of such Loans or any interests therein shall at all times remain within its exclusive control). Each Lender that becomes a party hereto pursuant to an Assignment Agreement shall be deemed to agree that the representations and warranties of such Lender contained in Section 2(c) of such Assignment Agreement are incorporated herein by this reference.

  • Conditions of Loans 5 3.1 Conditions Precedent to Initial Credit Extension.................. 5 3.2 Conditions Precedent to all Credit Extensions..................... 5

  • CONDITIONS OF LENDING AND ISSUANCE OF LETTERS OF CREDIT The obligation of each Lender to make Loans and of the Issuing Lender to issue Letters of Credit hereunder is subject to the performance by each of the Loan Parties of its Obligations to be performed hereunder at or prior to the making of any such Loans or issuance of such Letters of Credit and to the satisfaction of the following further conditions:

  • Nature of Lenders’ Obligations The obligations of the Lenders hereunder are several and not joint or joint and several. Nothing contained in this Agreement or any other Loan Document and no action taken by the Administrative Agent or the Lenders or any of them pursuant hereto or thereto may, or may be deemed to, make the Lenders a partnership, an association, a joint venture or other entity, either among themselves or with Borrower or any Subsidiary or Affiliate of Borrower. A default by any Lender will not increase the Commitment of any other Lender or the Pro Rata Share of the Revolving Facility attributable to any other Lender. Any Lender not in default may, if it desires, assume (in such proportion as the nondefaulting Lenders agree) the obligations of any Lender in default, but no Lender is obligated to do so.

  • Action on Instructions of Lenders The Agent shall in all cases be fully protected in acting, or in refraining from acting, hereunder and under any other Loan Document in accordance with written instructions signed by the Required Lenders (or, when expressly required hereunder, all of the Lenders), and such instructions and any action taken or failure to act pursuant thereto shall be binding on all of the Lenders. The Lenders hereby acknowledge that the Agent shall be under no duty to take any discretionary action permitted to be taken by it pursuant to the provisions of this Agreement or any other Loan Document unless it shall be requested in writing to do so by the Required Lenders. The Agent shall be fully justified in failing or refusing to take any action hereunder and under any other Loan Document unless it shall first be indemnified to its satisfaction by the Lenders pro rata against any and all liability, cost and expense that it may incur by reason of taking or continuing to take any such action.

  • Conditions Precedent to Obligations of the Company The obligations of the Company to effect the Merger and otherwise consummate the transactions contemplated by this Agreement are subject to the satisfaction, at or prior to the Closing, of the following conditions:

  • CONDITIONS PRECEDENT TO OBLIGATIONS OF THE BUYER The obligations of the Buyer to consummate the transactions contemplated by this Agreement are subject to the satisfaction (or waiver by the Buyer in writing) of the following conditions as of the Closing Date:

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