Lenders’ Certification Sample Clauses

Lenders’ Certification. Each Lender or assignee or participant of a Lender that is not incorporated under the Laws of the United States or a State thereof (and is not excepted from the certification requirement contained in Section 313 of the U.S. Patriot Act and the applicable regulations because it is both (i) an Affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country and (ii) subject to supervision by a banking regulatory authority regulating such affiliated depository institution or foreign bank) shall deliver to the Administrative Agent the certification or, if applicable, recertification, certifying that such Lender is not a "shell" and certifying to other matters as required by Section 313 of the U.S. Patriot Act and the applicable regulations thereunder: (i) within 10 days after the Closing Date or, if later, the date such Lender, assignee or participant of a Lender becomes a Lender, assignee or participant of a Lender hereunder and (ii) at such other times as are required under the U.S. Patriot Act.

Lenders’ Certification. I certify to the Department that the loan represented by this application is approved subject to terms specified. Without the Department’s participation, as requested, we would not be willing to make this loan, and in our opinion the financial assistance requested is not otherwise available on reasonable terms. I have reviewed and verified the information in the Applicant's Project Proposal, Applicant's Certification and the documentation supporting this application. I certify, to the extent of my knowledge, that the applicant is a for-profit small business (for the purposes of this program), the proceeds will be used for an eligible purpose in Illinois and the owners and managers of the applicant business are of good character.

Lenders’ Certification. I certify to the Rural Center that the loan represented by this Application for Participation is approved subject to terms specified. Without the Rural Center's participation, as requested, we would not be willing to make this loan, and in our opinion the financial assistance requested is not otherwise available on reasonable terms. I have reviewed and verified the information in the Borrower's Project Proposal, ▇▇▇▇▇▇▇▇’s Certification and the documentation supporting this Application for Participation. I certify, to the extent of my knowledge that the borrower is eligible (for the purposes of this program), the proceeds will be used for an eligible purpose in North Carolina and the owners and managers of the borrower business are of good character. In addition, I certify that the loan is not being made in order to place under the protection of the N.C. Loan Participation Program prior debt that is not covered under the N.C. Loan Participation Program and that is or was owed by the borrower to the lender or to an affiliate of the lender; that the loan is not a refinancing of a loan previously made to that borrower by the lender or an affiliate of the lender; and that the lender is not attempting to enroll the unguaranteed portions of SBA-guaranteed loans. Date Printed Name: Title As required by the US Treasury under Section 3011(c)(2) of the Small Business Jobs Act of 2010, this annual recertification must be provided from any private entity receiving financial assistance using funds received by a participating State under the State Small Business Credit Initiative. This recertification will become part of the Master Participation Agreement between the Lender and the NC Rural Center.

Lenders’ Certification. Each Lender or assignee or participant of a Lender that is not incorporated under the Laws of the United States or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA Patriot Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to the Administrative Agent the certification, or, if applicable, recertification, certifying that such Lender, assignee or participant, as applicable, is not a "shell" and certifying to other matters as required by Section 313 of the USA Patriot Act and the applicable regulations: (1) within ten (10) days after the request by the Administrative Agent, and (2) at such other times as are required under the USA Patriot Act.

Lenders’ Certification. Lender hereby certifies to ▇▇▇▇▇▇ as follows: (a) Lender is the present legal and equitable owner and holder of the Note and the Loan Documents. The Note may be prepaid in full or in part at any time without premium, penalty or fee. (b) To the actual knowledge of Lender, no event has occurred which, with the passage of time or giving of notice or both, would constitute a Loan Default.

Lenders’ Certification. 2 Section 2 TERMS OF THE CREDIT FACILITIES....................................................... 2 2.1 Revolving Credit Facility......................................................... 2 (a) Revolving Credit Advances................................................ 2 (b) Revolving Credit Notes................................................... 3 (c) Lender Discretion; Establishment of Reserves............................. 3 2.2 Letter of Credit Facility......................................................... 3 (a) Issuance of Letters of Credit............................................ 3 (b) Reimbursement Agreement.................................................. 3 (c) Reimbursement; Interest.................................................. 4 (d) Failure to Reimburse Drawings............................................ 4 (e) Obligations Absolute..................................................... 4 (f) Liability of LC Issuer................................................... 4 (g) LC Issuer Indemnity...................................................... 5 (h) Termination of Letter of Credit Commitment............................... 5 Section 3 LOAN ADMINISTRATION.................................................................. 5

Lenders’ Certification. I certify to the VSBFA that the loan represented by this Lender’s Application is approved subject to terms specified. Without VSBFA's participation, as requested, we would not be willing to make this loan, and in our opinion the financial assistance requested is not otherwise available on reasonable terms. I have reviewed and verified all of the information in the Borrower's loan application, Borrower’s Certification and the documentation supporting this Application. I certify, to the extent of my knowledge that the borrower is eligible (for the purposes of this program), the proceeds will be used for an eligible purpose in Virginia and the owners and managers of the borrower business are of good character. The loan has not been made in order to place under the protection of the approved state program prior debt that is not covered under the approved state program and that is or was owned by the borrower to the Lender or to an affiliate of the Lender. The loan is not a refinancing of a loan previously made to that borrower by the Lender or an affiliate of the Lender. The Lender is not attempting to enroll the unguaranteed portions of SBA-guaranteed loans. Certifying Officer Signature Title Date THIS AGREEMENT (the “Borrower Agreement”) is dated , 20 , and is given by (“Borrower”), whose address is ; and by , guarantor(s) of the Loan described below (collectively, “Guarantor”); and is for the benefit of , (“Lender”) and the Virginia Small Business Financing Authority (“VSBFA”). Name and title of individual: E-mail address Phone #

Lenders’ Certification. I herby certify to the Rural Center that: 1. This Loan is not being made in order to place under the protection of the NC Capital Access Program prior debt that is not covered under the NC Capital Access Program and that is or was owed by the Borrower to the Lender or to an affiliate of the Lender.

Lenders’ Certification. “Bridgeview Capital Solutions, LLC certifies that by accepting this Conditional Commitment for a guarantee of a $1,078,400 loan, the lender understands that the intent is that no adverse change may occur during the period of time from Rural Development’s issuance of the Conditional Commitment to issuance of the Loan Note Guarantee relating to Cyanotech Corporation regardless of the cause or causes of the change and whether the change or cause(s) of the change were within the lender’s or borrower’s control.” Prior to each disbursement, lender shall be in receipt of satisfactory evidence that there has been no unremedied adverse change in the financial or any other condition of the borrower since the date of the application or since any preceding disbursements which would warrant withholding or not making further disbursements.