Credit Resources Sample Clauses

Credit Resources. The Company acknowledges that Newco has informed it that Newco may not from time to time in the future have cash, cash equivalents, and credit resources sufficient to permit Newco to necessarily make all requested Advances under this Agreement while maintaining sufficient working capital for Newco's operating needs. The Company agrees that in the event Newco shall fail to fund the Loans as and to the extent required hereby solely as a result of the unavailability to Newco of cash and/or credit resources to fund the Loans and not as a result of any failure of the Company to satisfy the conditions precedent to Advances or of the occurrence of a Development Default or Event of Default hereunder (a "Funding Default"), such Funding Default shall not (a) constitute fraud (by any person or entity, including Newco and its successors and assignees) or (b) give rise to any liability of any person or entity (other than Newco and its successors and assignees) in any other tort, and the Company further agrees that it shall be limited to its remedies in contract and in a non-fraud tort action against Newco. Newco and the Company agree that this Section 3.11 shall not diminish or otherwise affect in any way the amount of damages for which Newco may be liable to the Company in a contract or non-fraud tort action for a Funding Default.
Sample 1Sample 2See All (5)
AutoNDA by SimpleDocs
Credit Resources. Borrower acknowledges that Lender has informed it that Lender may not from time to time in the future have cash, cash equivalents, and credit resources sufficient to permit Lender to make all requested advances under this Agreement and other agreements with developers and franchisees of PJI while maintaining sufficient working capital for Lender’s expansion and operating needs, and Borrower agrees that in the event Lender shall fail to fund the Loan as and to the extent required hereby and such failure shall constitute a breach of this Agreement (a “Funding Default”), such Funding Default shall not (v) constitute fraud (by any person or entity, including Lender and its Successors and Assignees) or (vi) give rise to any liability of any person or entity, including Lender and its Successors and Assignees, in any other tort, and Borrower further agrees that it shall be limited to its remedies in contract solely against Lender.
Sample 1
Credit Resources. DEVELOPER acknowledges that the Company has informed it that the Company does not currently and may not from time to time in the future have cash, cash equivalents, and credit resources sufficient to permit the Company to necessarily make all requested Advances under this Agreement and all other similar agreements with its financed area
Sample 1
Credit Resources. The Company acknowledges that Boston Chicken has informed it that Boston Chicken does not currently and may not from time to time in the future have cash, cash equivalents, and credit resources sufficient to permit Boston Chicken to necessarily make all requested Advances under this Agreement and all other similar agreements with financed area developers and franchisees while maintaining sufficient working capital for Boston Chicken's operating needs. The Company agrees that in the event Boston Chicken shall fail to fund the Loan as and to the extent required hereby solely as a result of the unavailability to Boston Chicken of cash and/or credit resources to fund the Loan and not as a result of any failure of the Company to satisfy the conditions precedent to Advances or of the occurrence of a Default or Event of Default hereunder (a "Funding Default"), such Funding Default shall not (a) constitute fraud (by any person or entity, including Boston Chicken and its successors and assignees) or (b) give rise to any liability of any person or entity (other than Boston Chicken and its successors and assignees) in any other tort, and the Company further agrees that it shall be limited to its remedies in contract and in tort as specified in clause (b) above against Boston Chicken. Boston Chicken and the Company agree that this Section 1.10 shall not diminish or otherwise affect in any way the amount of damages for which Boston Chicken may be liable to the Company in a contract or non-fraud tort action for a Funding Default.
Sample 1
Credit Resources. DEVELOPER acknowledges that the Company has informed it that the Company may not from time to time in the future have cash, cash equivalents, and credit resources sufficient to permit the Company to make requested Advances under this Agreement while maintaining sufficient working capital for the Company's operating needs. DEVELOPER agrees that the Company shall have no obligation to make any Advances if sufficient funds are not available to the Company under the Senior Credit Facility to fund the full amount of the requested Advance.
Sample 1

Related to Credit Resources

  • Credit Reports With your consent, in dealing with you we may obtain and consult credit reports on you prepared by credit reporting agencies. You have rights of access and correction in relation to the files held on you by these agencies by contacting them. Please write to us at the address shown at the end of this booklet to the attention of the Compliance Department, Protection of Personal Information if you wish to obtain the name and address of the agency or agencies from whom we have obtained a credit report about you.

  • Credit Risk Retention The Seller shall retain, either directly or through a “majority-owned affiliate” (as such term is defined in 17 CFR Part 246.2) of the Seller, an economic interest in the Receivables in accordance with 17 CFR Part 246.4, and shall not, and shall cause any such majority-owned affiliate to not, sell, pledge or hedge such interest except as is permissible under 17 CFR Part 246.12.

  • Credit Reporting; Gramm-Leach-Bliley Act (a) With respect to each Mortgage Loan, each Sexxxxxx xxxxxx xx xully furnish, in accordance with the Fair Credit Reporting Act and its implementing regulations, accurate and complete information (e.g., favorable and unfavorable) on its borrower credit files to Equifax, Experian and TransUnion Credit Information Company (three of the credit repositories), on a monthly basis. (b) Each Servicer shall comply with Title V of the Gramm-Leach-Bliley Act of 1999 and all applicable regulations promulgatxx xxxxxxxxxx, xxxating to the Mortgage Loans required to be serviced by it and the related borrowers and shall provide all required notices thereunder.

  • Letter of Credit Reports Each Issuing Bank shall furnish (A) to the Agent on the first Business Day of each month a written report summarizing issuance and expiration dates of Letters of Credit issued by such Issuing Bank during the preceding month and drawings during such month under all such Letters of Credit and (B) to the Agent on the first Business Day of each calendar quarter a written report setting forth the average daily aggregate Available Amount during the preceding calendar quarter of all Letters of Credit issued by such Issuing Bank.

  • Credit Requirements The amount to be secured by the User from [date] is set out in the Secured Amount Statement issued from time to time and as varied from time to time in accordance with Section 2 of the CUSC.

  • Credit Union Examination The Credit Union may disregard information on any check other than the signature of the drawer and amount of the item and any magnetic encoded information. You agree the Credit Union does not fail to exercise ordinary care in paying an item solely because its procedures do not provide for sight examination of items.

  • Credit Risk Accounts that are otherwise determined to be unacceptable by Agent in its Permitted Discretion, upon the delivery of prior or contemporaneous notice (oral or written) of such determination to the Borrower;

  • SITE MANAGEMENT We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

  • Fair Credit Reporting Act The Servicer has fully furnished, in accordance with the Fair Credit Reporting Act and its implementing regulations, accurate and complete information (e.g., favorable and unfavorable) on its borrower credit files to Equifax, Experian and Trans Union Credit Information Company (three of the credit repositories) on a monthly basis.

  • Waste Management o Participate in recycling using the Harvard Recycles receptacles provided. Recyclable materials include paper, cardboard, glass bottles, cans, plastics 1-7, as well as fluorescent light bulbs, batteries, chemicals, cartridges and electronics. o Designate a space for employees to leave surplus or shared office supplies to reduce redundant purchases. o Arrange for surplus furniture and other large office items to be delivered to Harvard’s Recycling and Surplus Center for reuse. Occupant Education and Engagement o Install or enable software that powers down computers when not in use, and ensure that all computer monitors have a “sleep mode” enabled. o Ensure that every employee has a power strip and turns the strip with an “off” switch for electronic devices. o Encourage staff to use task lighting that accommodates fluorescent bulbs, rather than halogen lamps. o Provide mugs or encourage staff to bring their own reusable mugs, plates, and utensils for the kitchen area. Keep the kitchen area stocked with dish cleaning supplies if a dishwasher is not available. o Start a physical or electronic bulletin board for “green tips”, news, and ideas. o Ask the Property Manager for training to properly operate controls, including shades, lights, thermostats, etc. o Advise employees to dress appropriately for the weather as building temperatures will be set at the lowest or highest end of the ASHRAE standard range depending on the outside temperature.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!