County’s Role as Lender Sample Clauses

County’s Role as Lender. Borrower hereby covenants, agrees and acknowledges that the County Board has entered into this Agreement in its role as a lender under this Agreement and not as a governing authority. Accordingly, County Board’s execution of this Agreement shall neither constitute nor be deemed to be governmental approval for any actions or interests contemplated herein, including, without limitation, for the construction and/or repair of the Property or the construction of any improvements. Whenever in this Agreement County Board or County Staff is required to join in, consent, give its approval, or otherwise act under this Agreement, it is understood that such obligations are meant to apply to County Board acting in its capacity as a lender and not in its capacity as a governing authority. Further, Borrower hereby acknowledges that any and all decisions, determinations, consents, notifications or any other actions taken or to be taken by County Board pursuant to this Agreement, whether or not specifically contemplated hereunder, may be taken by the County Staff or their designees, and Borrower shall have no right to question or challenge the propriety, authority or legality of the County Staff, or means, mechanism or process by which any such decision, determination, consent, notification, or other action is taken or to be taken hereunder by County Board; provided such decision, determination, consent, notification, or other action by County Board is taken in accordance with all applicable laws, rules, regulations, ordinances, codes, procedures, processes and orders. Notwithstanding the foregoing, nothing in this Agreement shall be construed to waive any of County Board’s powers, rights or obligations as a governing authority or local governing body, whether or not affecting the Property, including, but not limited to, its police power, right to grant or deny permits, right to collect taxes or other fees, or any other power, right or obligation whatsoever.
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County’s Role as Lender. Borrower hereby covenants, agrees and acknowledges that the County Board has entered into this Agreement in its role as lender under this Agreement and not as a governing authority. Whenever in this Agreement the County Board is required to join in, consent, give its approval, or otherwise act under this Agreement, it is understood that such obligations are meant to apply to County Board acting in its capacity as a lender and not in its capacity as a governing authority. Further, Borrower hereby acknowledges that any and all decisions, determinations, consents, notifications or any other actions taken or to be taken by County Board pursuant to this Agreement, whether or not specifically contemplated hereunder, may be taken by the County Manager or her designee, and the County Attorney. Notwithstanding the foregoing, nothing in this Agreement shall be construed to waive any of County Board’s powers, rights or obligations as a governing authority or local governing body, whether or not affecting the Property, including, but not limited to, its police power, right to grant or deny permits, right to collect taxes or other fees, or any other power, right or obligation whatsoever.
Sample 1

Related to County’s Role as Lender

  • New Lenders Each Incremental Term Loan Lender that is an Additional Term Loan Lender: (a) represents and warrants that (i) it has full power and authority, and has taken all action necessary, to execute and deliver this Supplement and to consummate the transactions contemplated hereby and to become a Lender under the Credit Agreement, (ii) it meets all requirements of an Eligible Assignee under the Credit Agreement, and (iii) from and after the Effective Date, it shall be bound by the provisions of the Credit Agreement as a Lender thereunder and shall have the obligations of a Lender thereunder, (iv) it has received a copy of the Credit Agreement and the other Loan Documents, together with copies of the most recent financial statements delivered pursuant to Section 6.01 thereof, as applicable, and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Supplement and provide its Incremental Term Commitment hereunder on the basis of which it has made such analysis and decision independently and without reliance on the Administrative Agent or any other Lender; (b) agrees that it will, independently and without reliance upon the Administrative Agent or any other Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under the Credit Agreement and the other Loan Documents; (c) appoints and authorizes the Administrative Agent to take such action on its behalf and to exercise such powers under the Credit Agreement and the other Loan Documents as are delegated to the Administrative Agent by the terms thereof, together with such powers as are reasonably incidental thereto; (d) agrees that it will perform in accordance to their terms, all obligations which by the terms of the Credit Agreement and the other Loan Documents are required to be performed by it as a Lender; and (e) in the case of such Incremental Term Loan Lender that is a Foreign Lender, comply with the provisions of Section 10.15 of the Credit Agreement.

  • Capacity as Lender The Person serving as the Administrative Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, and such Person and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with the Borrower or any Subsidiary or other Affiliate thereof as if it were not the Administrative Agent hereunder.

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