Lender’s Obligation. Lender agrees to exercise its rights under this Proxy only upon the occurrence and during the continuance of an Event of Default.
Lender’s Obligation. The failure of any Lender to make the Advance to be made by it as part of any Loan shall not relieve any other Lender of its obligation, if any, hereunder to make its Advance on such Borrowing Date, but no Lender shall be responsible for the failure of any other Lender to make the Advance to be made by such other Lender on the Borrowing Date.
Lender’s Obligation to make Advances to Borrower shall terminate on the earlier of (i) the Maturity Date and (ii) the date on which it is terminated pursuant to Paragraph 11 hereof. Lender's obligation to make Advances shall be conditioned upon Borrower's fulfillment to the reasonable satisfaction of Lender of the conditions set forth on SCHEDULE E.
Lender’s Obligation. If the conditions set out in this Agreement have been met, the Lender shall make its participation in the Loan available to the Borrower on the Utilisation Date by transfer to the Borrower SDR Account.
Lender’s Obligation. (a) If the conditions set out in this Agreement have been met, each Lender shall make its participation in each Advance available by the relevant Utilization Date through its Facility Office.
(b) The amount of each Lender’s participation in the Advance will be equal to the proportion borne by its undrawn Commitment to the undrawn Total Commitments immediately prior to making the Advance.
(c) The Administrative Agent shall promptly notify each Lender of the amount of the Advance and the amount of its participation in the Advance, and, if different, the amount of that participation to be made available in accordance with Clause 36.1 (Payments to the Administrative Agent), in each case no later than four (4) Business Days before the Utilization Date.
(d) The Administrative Agent shall ensure that each Advance is remitted to the account specified by the Borrower in the Utilization Request. If the conditions set out in Clauses 4.2 (Conditions precedent to Utilization Date) are met, in addition to the other conditions set out in this Agreement, the Administrative Agent shall release the Advance to the Borrower and/or its financial institution on the Utilization Date.
(e) The Borrower irrevocably authorizes and directs the Administrative Agent to remit the proceeds of each Advance to the account specified in the relevant Utilization Request
Lender’s Obligation. Lender acknowledges that Borrower may purchase specified items in installments pursuant to N.C. Gen. Stat. 115C-528(c). Lender shall deliver all equipment and services/software identified in the attached Exhibit A (hereinafter referred to as the Property) on or before , 2020. Lender shall provide and does provide warranties of the Property and services provided to Borrower, including without limitation warranties of the Property's merchantability, fitness for ordinary purposes, fitness for the Borrower's intended uses, suitability, design, condition, durability, operation, quality of materials and workmanship and compliance with all specifications and applicable laws.
Lender’s Obligation. 75 Section 12.02
Lender’s Obligation. ADMINISTRATIVE AGENT HAS NO OBLIGATION, AND HAS ISSUED NO COMMITMENT, TO INCREASE ITS OBLIGATION UNDER THIS AGREEMENT TO MAKE LOANS OR EXTEND CREDIT TO BORROWER IN EXCESS OF THE INITIAL LOAN.
Lender’s Obligation. Lender agrees to exercise its rights under this Proxy only upon (1) the occurrence and during the continuance of an Event of Default and/or (2) subject to the provisions of the Section 6.4 of the Loan Agreement, the occurrence of a casualty of a condemnation affecting the Unit.
Lender’s Obligation. 34 28. CONFIDENTIALITY....................................................................................35 29. SEVERABILITY.......................................................................................36 30. COMMUNICATIONS.....................................................................................36 31. LANGUAGE...........................................................................................37 32. GOVERNING LAW......................................................................................37
