CONFIRMATION STATEMENT. (a) After request by Lender, Borrower, within ten (10) days, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, confirming to Lender (or its designee)
(i) the amount of the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, and (vi) that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or this Security Instrument; provided, however, Lender shall not be entitled hereunder to receive more than one (1) such statement in each calendar year.
(b) Subject to the provisions of the Leases, Borrower shall deliver to Lender, promptly upon request (but not more frequently than once annually so long as Borrower is not in default hereunder), duly executed estoppel certificates from any one or more lessees as required by Lender attesting to such facts regarding the Lease as Lender may require, including but not limited to attestations that each Lease covered thereby is in full force and effect with no defaults thereunder on the part of any party, that none of the Rents have been paid more than one month in advance, and that the lessee claims no defense or offset against the full and timely performance of its obligations under the Lease.
(c) Upon any transfer or proposed transfer contemplated by Section 16.1 hereof, at Lender's request, Borrower, any Guarantors and any Indemnitors shall provide an estoppel certificate to the Investor (defined in Section 16.1) or any prospective Investor in such form, substance and detail as Lender, such Investor or prospective Investor may require.
CONFIRMATION STATEMENT. MLMCI shall, with respect to each Loan, deliver a confirmation statement substantially in the form attached hereto as Exhibit B (in each case, the "Confirmation Statement") to Assignor confirming the agreement between Assignor and MLMCI as to the specific terms of the Loan. Each such Confirmation Statement shall constitute a binding agreement between Assignor and MLMCI, and this Agreement is hereby incorporated in each such Confirmation Statement and made a part thereof as if it were set out in full in each such Confirmation Statement. Each such Confirmation Statement will be binding upon the parties hereto unless written notice of objection is given by the objecting party to the other party within two (2) Business Days after the objecting party's receipt of such Confirmation Statement.
CONFIRMATION STATEMENT. An Investment Note shall not be validly issued until an Account is established by the Company in the name of the purchaser. Promptly after issuance, a confirmation statement (a "Confirmation Statement") confirming the issuance of the Investment Note shall be delivered to the purchaser.
CONFIRMATION STATEMENT. 25 ---------------------- Section 7.5 SPLITTING OF SECURITY INSTRUMENT .............................. 26 -------------------------------- Section
CONFIRMATION STATEMENT. 23 Section 5. Margin Determinations and Supplemental Collateral.............................................. 23 Section 6. Release and Addition of Collateral............................................................. 24 Section 7. Conditions To The Loans........................................................................ 24 (a) Conditions to the Effective Date............................................................... 24 (b) Conditions Precedent to All Loans.............................................................. 27
CONFIRMATION STATEMENT. Lender shall, with respect to each Loan, deliver a completed confirmation statement substantially in form and substance attached hereto as Exhibit B (in each case, the "Confirmation Statement") to Borrower confirming the agreement between Borrower and Lender as to the specific terms of the applicable Loan. Each such Confirmation Statement shall, when duly executed and delivered by Borrower, constitute a binding agreement between Borrower and Lender, and this Agreement is hereby incorporated in its entirety into each such Confirmation Statement and made a part thereof as if it were set out in full in each such Confirmation Statement. In case of any inconsistency between any provisions of a Confirmation Statement and any provisions of this Agreement, the provisions of such Confirmation Statement shall control.
CONFIRMATION STATEMENT. (a) DURING SUCH PORTION OF THE 12 MONTH PERIOD PRECEDING THE DATE OF THIS AGREEMENT AS THE AIRCRAFT HAS BEEN OWNED BY THE OWNER, LESSEE HEREBY CERTIFIES THAT THE AIRCRAFT HAS BEEN INSPECTED AND MAINTAINED IN ACCORDANCE WITH THE PROVISIONS OF THE FEDERAL AVIATION REGULATIONS (“FAR”), PART 91 AND ALL APPLICABLE REQUIREMENTS FOR THE MAINTENANCE AND INSPECTION THEREUNDER HAVE BEEN MET.
(b) LESSEE CERTIFIES THAT THE AIRCRAFT WILL BE MAINTAINED AND INSPECTED UNDER FAR PART 91 FOR OPERATIONS TO BE CONDUCTED UNDER THIS AGREEMENT; AND LESSEE UNDERSTANDS THAT IT IS RESPONSIBLE FOR OPERATIONAL CONTROL OF THE AIRCRAFT WHEN THE AIRCRAFT IS OPERATED PURSUANT TO THIS AGREEMENT.
(c) XXXXXX CERTIFIES THAT IT UNDERSTANDS ITS RESPONSIBILITIES FOR COMPLIANCE WITH APPLICABLE FAR’S; AND THE NAME AND ADDRESS AND SIGNATURE OF THE PERSON RESPONSIBLE FOR OPERATIONAL CONTROL OF THE AIRCRAFT UNDER THIS AGREEMENT IS AS FOLLOWS: NAME: Xxxxx Xxxxxxxx SIGNATURE: /s/ Xxxxx Xxxxxxxx TITLE: Chief Legal Officer (d). OWNER AND XXXXXX UNDERSTAND THAT AN EXPLANATION OF FACTORS BEING ON OPERATIONAL CONTROL AND PERTINENT FEDERAL AVIATION REGULATIONS CAN BE OBTAINED FROM THE NEAREST FAA FLIGHT STANDARDS DISTRICT OFFICE. (The rest of this page intentionally left blank)
CONFIRMATION STATEMENT. 13 SECTION 2.3
CONFIRMATION STATEMENT. (a) After request by Lender Borrower, within ten (10) days, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, confirming to Lender (or its designee)
(i) to the amount of the original principal amount of the Note, (ii) the unpaid principal amount of the Note.
CONFIRMATION STATEMENT. 13 SECTION 2.3 Registrar and Paying Agent.................................................... 13 SECTION 2.4
