Common use of Eligible Borrower Clause in Contracts

Eligible Borrower. Borrower represents and warrants to Lender that Borrower is an Eligible Borrower (as that term is defined under the Facility), and that the Borrower: (i) is a Business (as defined in the Borrower Certification) that was established prior to March 13, 2020; (ii) is not an Ineligible Business, as that term is described under 13 CFR 120.110(b)-(j) and (m)-(s), as modified by regulations implementing the Paycheck Protection Program (“PPP”) established by Section 1102 of the CARES Act on or before April 24, 2020; (iii) when aggregated with its affiliates (in accordance with the Instructions to the Borrower Certification), either: (i) has 15,000 employees or fewer, or (ii) had 2019 annual revenues of $5,000,000,000.00 or less; (iv) is created or organized in the United States or under the laws of the United States and has significant operations in and a majority of its employees based in the United States, consistent with Section 4003(c)(3)(C) of the CARES Act; (v) does not and will not also participate in any other Main Street Lending Program loan or the Primary Market Corporate Credit Facility; and (vi) has not received specific support pursuant to Subtitle A of Title IV of the CARES Act.

Eligible Borrower. Borrower represents and warrants to Lender that Borrower is an Eligible Borrower (as that term is defined under the Facility), and that the Borrower: (i) is a Business (as defined in the Borrower Certification) that was established prior to March 13, 2020; (ii) is not an Ineligible Business, as that term is described under 13 CFR 120.110(b)-(j120.110(b)- (j) and (m)-(s), as modified by regulations implementing the Paycheck Protection Program (“PPP”) established by Section 1102 of the CARES Act on or before April 24, 2020; (iii) when aggregated with its affiliates (in accordance with the Instructions to the Borrower Certification), either: (i) has 15,000 employees or fewer, or (ii) had 2019 annual revenues of $5,000,000,000.00 or less; (iv) is created or organized in the United States or under the laws of the United States and has significant operations in and a majority of its employees based in the United States, consistent with Section 4003(c)(3)(C) of the CARES Act; (v) does not and will not also participate in any other Main Street Lending Program loan or the Primary Market Corporate Credit Facility; and (vi) has not received specific support pursuant to Subtitle A of Title IV of the CARES Act.