CONDITIONS OF LENDER Sample Clauses

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:
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CONDITIONS OF LENDER. 23 3.2 FURTHER CONDITIONS TO EACH ADVANCE PURSUANT TO SUBSECTION 2.1(b) . .27 3.3 FURTHER CONDITIONS TO EACH ADVANCE PURSUANT TO SUBSECTION 2.1(c) . .28 3.4 FURTHER CONDITIONS TO EACH ADVANCE PURSUANT TO SUBSECTION 2.1(d) . .29
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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...
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CONDITIONS OF LENDER. 26 3.2 FURTHER CONDITIONS TO EACH ADVANCE PURSUANT TO SUBSECTION 2.1(b)...........................................29
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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.
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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.

  • Representations of Lender Lender represents and warrants to Bank that: (i) this Lending Agreement is, and each Loan shall be, legally and validly entered into, and does not and shall not violate any statute, regulation, rule, order or judgment binding on Lender, or any provision of Lender's charter or by-laws, or any agreement binding on Lender or affecting its property; (ii) the person executing this Lending Agreement and all Authorized Persons acting on behalf of Lender has and have been duly and properly authorized to do so; (iii) it is lending Securities as principal and shall not transfer, assign or encumber its interest in, or rights with respect to, any Securities available for Loan hereunder; (iv) it is the beneficial owner of all Securities or otherwise has the right to lend Securities; and (v) it is entitled to receive all interest, dividends and other distributions (including, but not limited to, payments made by the depositary in connection with American Depositary Receipts and Global Depositary Receipts) ("Distributions") made by the issuer with respect thereto. Lender shall promptly identify to Bank by notice, which notice may be oral, any Securities that are no longer subject to the representations contained in (b).

  • Conditions of Loans 6 3.1 Conditions Precedent to Initial Credit Extension.................... 6 3.2 Conditions Precedent to all Credit Extensions....................... 6

  • Conditions of Loan Each loan to a Member under the Plan shall be repaid in level monthly amounts through regular payroll deductions after the effective date of the loan, and continuing thereafter with each payroll. Except as otherwise required by the Code and the IRS Regulations, each loan shall have a repayment period of not less than 12 months and not in excess of 60 months, unless the purpose of the loan is for the purchase of a primary residence, in which case the loan may be for not more than 180 months. After the first 3 monthly payments of the loan have been satisfied, the Member may pay the outstanding loan balance (including accrued interest from the due date). The rate of interest for the term of the loan will be established as of the loan date, and will be the Xxxxxx’x Prime Rate (base rate) plus 1% as published on the last Saturday of the preceding month, or such other rate as may be required by applicable law and determined by reference to the prevailing interest rate charged by commercial lenders under similar circumstances. The applicable rate would then be in effect through the last business day of the month. Repayment of all loans under the Plan shall be secured by 50% of the Member’s vested interest in his Account, determined as of the origination of such loan.

  • 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 Obligations of Lenders Regarding Extensions of Credit The obligations of the Lenders under this Agreement to make the Loans and issue or participate in Letters of Credit are several and are not joint or joint and several. The failure of any Lender to make available its Commitment Percentage of any Loan requested by the Borrower shall not relieve it or any other Lender of its obligation, if any, hereunder to make its Commitment Percentage of such Loan available on the borrowing date, but no Lender shall be responsible for the failure of any other Lender to make its Commitment Percentage of such Loan available on the borrowing date.

  • 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.

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