Lending and borrowing. (a) Except as provided or contemplated under the Transaction Documents, Funding shall not make any loans or provide any other form of credit to any person.
(b) Funding shall not give any guarantee or indemnity to or for the benefit of any person in respect of any obligation of any other person or enter into any document under which Funding assumes any liability of any other person.
(c) Funding shall not incur any indebtedness in respect of any borrowed money other than under the Transaction Documents.
Lending and borrowing. 9.1. Subject to the Investment Policy of a Series and as provided in this Clause 10, investments comprised in the Portfolio of a Series and documents of title and certificates evidencing title to such investments and other property acquired under this Agreement may not be lent to a third party nor may money be borrowed on the Client’s or a Series’ behalf against the security of such investments, documents and property.
9.2. Subject to the Investment Policy of a Series, an overdraft facility or line of credit may be established on behalf of each Series and may be used as a temporary measure for the extraordinary or emergency needs of each Series.
9.3. Subject to the Investment Policy of a Series and to the temporary borrowing facility provided for in 10.2 above, the Manager may not commit the Client or a Series to supplement the monies in the Portfolio of a Series either by borrowing on its behalf or by committing it to a contract the performance of which may require them to supplement the Portfolio of such Series.
Lending and borrowing. The Company may lend funds to the Managing Member, or to Subsidiaries of the Company or other Persons in which the Company has an equity investment, and such Persons may borrow funds from the Company, on terms and conditions determined by the Managing Member.
Lending and borrowing. The Manager shall not, without the prior approval in writing of the Partnership and save in respect of drawdowns of the Available Amounts, make arrangements:
11.1. to borrow on the Partnership's behalf whether secured against Investments or other property of the Partnership or otherwise; or
11.2. to lend to a third party Investments or documents of title or certificates evidencing title to Investments or other property belonging to the Partnership.
Lending and borrowing. 6.10.1. The General Partner shall not, without the prior written consent of the Holding Fund and save in respect of drawdowns of the Loans, make arrangements:
6.10.1.1. to borrow on the Partnership's behalf whether secured against Investments or other property of the Partnership or otherwise; or
6.10.1.2. to lend to a third party Investments or documents of title or certificates evidencing title to Investments or other property belonging to the Partnership.
6.10.2. The restriction set out in clause 6.10.1 is without prejudice to the general ability of the Partnership to make Investments in the form of debt into Investment Companies which have incurred third party leverage or incur such leverage as part of an investment transaction by the Partnership, or to provide guarantees or other forms of credit support in respect of the Partnership's investments in Investee Companies.
Lending and borrowing. (a) The Company will procure that the aggregate Borrowings of the Target and its Subsidiaries taken together on a consolidated basis plus (to the extent not otherwise included in Borrowings of the Target and/or its Subsidiaries) the amount of any actual or contingent liabilities of the Target and/or its Subsidiaries:
(i) for Borrowings at that time of any person in which the Target or any of its Subsidiaries has an ownership interest; or (ii) to provide funds by loan, subscription for share capital or otherwise to any person in which the Target or any of its Subsidiaries has an ownership interest, will not exceed the aggregate of: (A) the outstanding principal amount from time to time of the Facility C Loans; (B) the principal amount of all Borrowings of those companies outstanding at the Unconditional Acceptances Date save to the extent refinanced by a Utilisation of Facility C; (C) the outstanding principal amount from time to time of all Borrowings of those companies for which the only creditor is the Company; (D) any Borrowing of the Target and/or its Subsidiaries where there is recourse falling within paragraph (b)(iii) of the definition of "Project Finance Indebtedness" in Clause 1.1 (Definitions) outstanding from time to time; and (E) the amount which, when aggregated with the amounts referred to in sub-paragraphs (A), (B) and (D) above, equals 400,000,000 pounds.
(b) No Borrower will, and each Borrower will procure that no member of the Group will, be the creditor in respect of any Borrowings, other than: (i) any Borrowing entered into with the prior consent of the Majority Banks; (ii) any Borrowing under paragraph (b) of the definition of "Borrowings" where trade credit is extended by any member of the Group on normal commercial terms and in the ordinary course of its business on substantially the same terms (or terms more favourable to it) and in similar circumstances as for trade credit extended prior to the date of this Agreement by the Target or its Subsidiaries; (iii) loans made by one member of the Group to another member of the Group; or (iv) Borrowings not otherwise permitted under to paragraphs (i) to (iii) above in an aggregate amount for the Group as a whole at any time outstanding not exceeding 10,000,000 pounds.
Lending and borrowing. We strongly discourage lending or borrowing belongings or money. If there is a dispute about lending or borrowing we will not try to mediate or solve the issue. If you lend it be prepared it may become a gift.
Lending and borrowing. BWF shall not make loans, advances or otherwise extend credit to any other Person, except on an arm’s-length basis, and shall not permit any Affiliate of BWF to advance funds to BWF or otherwise supply funds to, or guaranty debts of, BWF.
Lending and borrowing. The Borrower shall not make loans, advances or otherwise extend credit to any other Person, except on an arm’s-length basis, and shall not permit any Affiliate of the Borrower to advance funds to the Borrower or otherwise supply funds to, or guaranty debts of, the Borrower.
Lending and borrowing. (a) Subject to paragraphs (b) and (c) below, no Obligor shall and the Company shall ensure that no member of the Group or any Borrowing Group Member will make any loans or provide any other form of credit (including, without limitation, vendor credit) to any person.
(b) Paragraph (a) does not apply to loans or any other form of credit provided to an Obligor in accordance with the Subordination Agreement when entered into and otherwise in accordance with its cash pooling arrangements.
(c) Paragraph (a) does not apply to capital contributions made to Relevant Entities or Joint Venture Entities by way of inter-company loan or share capital provided that the aggregate amount of contributions made by way of share capital or inter-company loan since the date of this Agreement less the aggregate amount of (A) such contributions repaid directly or indirectly to the Company; and (B) the amount of any dividend distributed directly or indirectly to the Company with respect to that capital contribution to the extent in excess of the dividends expected to be received by reference to the latest Business Plan, does not exceed at any time € 50,000,000 (and after the Term Date, subject to and in accordance with the Refinancing Facilities Agreement, €90,000,000), taking into account any capital contributions made under Clause 9.11 (Mergers, acquisitions).
(d) Subject to the provisions of Clause 9.17(c), no Obligor shall and the Company shall ensure that no Borrowing Group Member will give any guarantee or indemnity to or for the benefit of any person in respect of any obligation of any other person or enter into any document under which it assumes any liability of any other person except under the Existing Facilities and this Agreement.
