Financing Arrangement Undertakings Sample Clauses

Financing Arrangement Undertakings. (a) Borrowings No Obligor will, and each Obligor will procure that none of its Subsidiaries will, incur or permit to be outstanding any Financial Indebtedness, other than: (i) amounts due under any Finance Document or any Equity Document; (ii) Financial Indebtedness permitted by clauses 18.5(b) (Guarantees) and 18.5(c) (Loans); (iii) unsecured overdraft or working capital facilities in relation to which a Bank Guarantee (as defined in the Senior Credit Agreement) in an amount equal to the maximum principal amount of those facilities has been issued; (iv) finance leases and hire purchase contracts not exceeding $3,000,000 (or such other figure as is agreed with the Mezzanine Lenders) in aggregate capital value at any time; (v) the Foothill Facilities and any other facilities of the Target Group until 21 days after the Unconditional Date and provided that the relevant Group companies are at all times in compliance with the Foothill Facility Agreement or such other agreement relating to such facilities; (vi) Financial Indebtedness owed between members of the Target Group at the Unconditional Date; (vii) spot and forward foreign exchange facilities not exceeding an aggregate risk weighted amount of $2,000,000 provided that following the date which is 60 days after the Unconditional Date all new foreign exchange contracts shall be entered into with the Mezzanine Lenders; (viii) unsecured working capital facilities in an aggregate amount not exceeding $5,000,000 (or equivalent) at any time; and (ix) Financial Indebtedness outstanding under Allied Irish Bank's Subsidised Loan Scheme dated 9 December 1996 between Allied Irish Bank and Lifetime Learning Limited in a maximum aggregate amount not exceeding IR(pound)200,000 (or its equivalent) at any time.
Sample 1
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Financing Arrangement Undertakings. (a) (borrowings) No Group Member will incur or permit to be outstanding any Financial Indebtedness, other than Permitted Financial Indebtedness. (b) (Guarantees) No Group Member will grant or make available any Guarantee, other than: (1) any Guarantee contained in any Finance Document; (2) any Guarantee forming part of any Permitted Financial Indebtedness; (3) any “replacement” guarantee or analogous guarantee provided to a customer by a Group Member for the purpose of the placement of an individual and in the ordinary course of the Group’s business; and (4) any Guarantee provided by an Obligor in respect of the obligations of another Obligor which are permitted to be incurred under the Finance Documents; (5) otherwise with the prior written consent of the Lender. (c) (financial accommodation) No Group Member will make any loans, grant any credit or make available any other financial accommodation to any person without the prior written consent of the Lender, other than: (1) by one Obligor to another Obligor; or (2) in respect of the Parent Loan. (d) (capital expenditure) No Group Member will make any Capital Expenditure other than: (1) in an amount in any Financial Year no greater than 120% of the amount specified for ‘Capital Expenditure’ in the most recent Approved Projections provided to the Lender; or (2) with the prior written consent of the Lender.
Sample 1
Financing Arrangement Undertakings. (a) BORROWINGS No Obligor will, and each Obligor will procure that none of its Subsidiaries will, incur or permit to be outstanding any Financial Indebtedness other than: (i) amounts due under any Senior Finance Document or any Equity Document; (ii) Financial Indebtedness permitted by clauses 20.5(b) (Guarantees) and 20.5(c) (Loans) which shall include, for the avoidance of doubt, guarantees and loans provided by members of the Isle of Man Group in respect of the Financial Indebtedness of other members of the Isle of Man Group; (iii) unsecured overdraft or working capital facilities in relation to which a Bank Guarantee in an amount equal to the maximum principal amount of those facilities has been issued; (iv) finance leases and hire purchase contracts not exceeding (pound)500,000 (or its Sterling Equivalent) (or such other figure as is agreed with the Lenders) in aggregate capital value at any time; (v) amounts due under the Crestacare Loan Notes; (vi) Financial Indebtedness (other than the Standstill Loans) set out in the Existing Loans and Security Memorandum; (vii) the Standstill Loans until the earlier of the first Drawing under the Term A Facility and 10 Business Days after the Unconditional Date and provided that the relevant Group Companies are at all times in compliance with the Standstill Agreements; (viii) Financial Indebtedness contemplated by the KPMG Structure Paper; (ix) Financial Indebtedness up to a maximum aggregate amount of(pound)6,500,000 (or its Sterling Equivalent) in each calendar year incurred for the purpose of making Approved Acquisitions provided that if any Obligor or any of its Subsidiaries has incurred less than(pound)6,500,000 (or its Sterling Equivalent) of Financial Indebtedness for the purpose of making Approved Acquisitions in any calendar year then such shortfall may be carried forward to the subsequent calendar year but no further and only to the extent that the Financial Indebtedness which can be incurred under this clause 20.5(a)(ix) for that subsequent calendar year shall not exceed 72 per cent of the amount that can be spent on Approved Acquisitions in accordance with clause 20.4(a)(v) (Acquisitions); (x) Financial Indebtedness incurred by Idun Security Companies in respect of loans provided by other members of the Idun Group and Financial Indebtedness incurred by Fife Obligors in respect of loans provided by members of the Excluded Fife Group for the purposes of their day to day business operations; and (xi) Fina...
Sample 1
Financing Arrangement Undertakings. (a) (Borrowings) No Group Member will incur or permit to be outstanding any Financial Indebtedness, other than Permitted Financial Indebtedness. (b) (Guarantees) No Group Member will grant or make available any Guarantee, other than any Guarantee contained in any Finance Document. (c) (financial accommodation) No Group Member will make any loans, grant any credit or make available any other financial accommodation to any person other than:
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Financing Arrangement Undertakings 
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Related to Financing Arrangement Undertakings

  • Financing Arrangements (a) The Owner will obtain the Project Loan which shall be sufficient, together with the Owner's equity contributions, to pay the full amount of the costs to construct the Project in accordance with the development budget. The Owner and the Developer also contemplate that the Property and the Project, together with all fixtures, furnishing, equipment, and articles of personal property now owned or hereafter acquired by the Owner which are or may be attached to or used in connection with the Property or the Project, together with any and all replacements thereto and substitutions therefor, and all proceeds thereof; and all present and future rents, issues, leases, and profits of the Property and the Project will serve as security for the payment obligations to any lenders relating to the Project Loan or otherwise, and that the Owner will be the principal obligor for the repayment of all financial obligations thereunder after the transfer of title to the Owner. The Owner therefore, agrees to execute and deliver all commitments, promissory notes, mortgages, collateral assignments, documents, certificates, affidavits, and other writings required to be executed by any lender in connection with such financing.

  • Banking Arrangements The banking business of the Corporation shall be transacted with such banks, trust companies or other person or persons as the board may determine from time to time and all such banking business shall be transacted on behalf of the Corporation by such person or persons and to such extent as the board may determine from time to time.

  • Arrangement Agreement This Plan of Arrangement is made pursuant to, and is subject to the provisions of, the Arrangement Agreement, except in respect of the sequence of the steps comprising the Arrangement, which shall occur in the order set forth herein.

  • Funding Arrangements Minimum amounts/increments for Japan Local Currency Borrowings, repayments and prepayments: Same as Credit Agreement.

  • DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of June 11, 2003, evidenced by, among other documents, a certain Loan and Security Agreement dated as of June 11, 2003 between Borrower and Bank, as amended from time to time (as amended, the "Loan Agreement"). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

  • Financing Agreement This Amendment shall constitute a Financing Agreement.

  • Monitoring Arrangements 8.1 We will formally monitor the progress of the access agreement at least once a year and report annually to the SCITT Management Group. Initial monitoring will be concerned with participation rates and the development of data on lower income and other under-represented groups. When specific data is accrued, we will look to monitor against this. 8.2 Our annual report to the SCITT Management Group will form the basis of our monitoring report to OFFA.

  • FINANCIAL AGREEMENT In addition to all of Institute of Healthcare, Inc academic standards and policies, I understand that The Institute of Healthcare is not currently recognized with institutional accreditation recognized by the United States Department of Education. Students are not able or eligible to participate in federal financial aid programs in association with the Institute of Healthcare, Inc. With that being said, the applicant will be withdrawn from the course for failure to meet financial obligation. “Prior to signing this enrollment agreement, you must be given a catalog or brochure and a School Performance Fact Sheet, which are encouraged to review prior to signing this agreement. These documents contain important policies and performance data for this institution. This institution is required to have you sign and date the information included in the School Performance Fact Sheet relating to completion rates placement rates, license examination passage rates, and salaries or wages, and the most recent three- year cohort default rate, if applicable, prior to signing this agreement. “As a prospective student, you are encouraged to review this catalog prior to signing an enrollment agreement. You are also encouraged to review the School Performance Fact Sheet, which must be provided to you prior to signing an enrollment agreement.” “I understand that this is a legally binding contract. My signature below certifies that I have read, understood, and agreed to my rights and responsibilities, and that the Institutions cancellation and refund policies have been clearly explained to me.” Applicant Signature Applicant Print Name Date Authorized Employee of Institute of Healthcare, Inc. Signature Print Title Date “NOTICE” “YOU MAY ASSERT AGAINST THE HOLDER OF THE PROMISSORY NOTE YOU SIGNED IN ORDER TO FINANCE THE COST OF THE EDUCATIONAL PROGRAM ALL OF THE CLAIMS AND DEFENSES THAT YOU COULD ASSERT AGAINST THIS INSTITUTION, UP TO THE AMOUNT YOU HAVE ALREADY PAID UNDER THE PROMISSORY NOTE.” TOTAL CHARGES FOR THE CURRENT PERIOD OF ATTENDANCE: $1,595.00 ESTIMATED TOTAL CHARGES FOR THE ENTIRE EDUCATIONAL PROGRAM: $1,595.00 SCHOOL PERFORMANCE FACT SHEET EMERGENCY MEDICAL TECHNICIAN PROGRAM: 4, 8 and 12 WEEK COURSES OFFERED 2018 N/A N/A N/A N/A 2019 N/A N/A N/A N/A Students Initials: Date: 0000 X/X X/X X/X X/X X/X 2019 N/A N/A N/A N/A N/A You may obtain from the institution a list of the employment positions determined to be in the field for which a student received education and training. Please request from Administration. 2018 N/A N/A N/A 2019 N/A N/A N/A 2018 N/A N/A N/A 2019 N/A N/A N/A 2018 N/A N/A 2019 N/A N/A 2018 N/A N/A 2019 N/A N/A Student’s Initials: Date: Initial only after you have had sufficient time to read and understand the information. License Examination Passage Rates (includes data for the two calendar years prior to reporting) 0000 X/X X/X X/X X/X X/X 2019 N/A N/A N/A N/A N/A Licensure examination passage data is not available from the state agency administering the examination. We are unable to collect data from graduates. Student’s Initials: Date: 2018 N/A N/A N/A N/A N/A N/A N/A 2019 N/A N/A N/A N/A N/A N/A N/A Student’s Initials: Date:

  • Financing Agreements The School shall comply with Ch. 37D, HRS, relating to financing agreements. “Financing agreement” means any lease purchase agreement, installment sale agreement, loan agreement, line of credit or other agreement of the department or, with the approval of the director, and any agency, to finance the improvement, use or acquisition of real or personal property that is or will be owned or operated by one or more agencies of the State, the department or any agency, or to refinance previously executed financing agreements including certificates of participation relating thereto. The School shall not act as a guarantor of any such financing agreement.

  • Cash Management Arrangements Borrower shall cause all Rents to be transmitted directly by tenants of the Property into an Eligible Account (the “Clearing Account”) maintained by Borrower at a local bank selected by Borrower, which shall at all times be an Eligible Institution (the “Clearing Bank”) as more fully described in the Clearing Account Agreement. A form of tenant direction letter for such purpose is attached hereto as Schedule 1. Without in any way limiting the foregoing, all Rents received by Borrower or Manager shall be deposited into the Clearing Account within one (1) Business Day of receipt. Funds deposited into the Clearing Account shall be swept by the Clearing Bank on a daily basis into Borrower’s operating account at the Clearing Bank, unless a Cash Management Period is continuing, in which event such funds shall be swept on a daily basis into an Eligible Account at the Deposit Bank controlled by Lender (the “Deposit Account”) and applied and disbursed in accordance with this Agreement. Funds in the Deposit Account shall be invested at Lender’s discretion only in Permitted Investments. Lender will also establish subaccounts of the Deposit Account which shall at all times be Eligible Accounts (and may be ledger or book entry accounts and not actual accounts) (such subaccounts are referred to herein as “Subaccounts”). The Deposit Account and any Subaccount will be under the sole control and dominion of Lender, and Borrower shall have no right of withdrawal therefrom. Borrower shall pay for all expenses of opening and maintaining all of the above accounts.

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