Payments Generally; Pro Rata Treatment; Sharing of Set offs 72 Section 2.22. Letters of Credit 74 Section 2.23. Increase of Commitments; Additional Lenders 79 Section 2.24. Mitigation of Obligations 84 Section 2.25. Replacement of Lenders 84 Section 2.26. Defaulting Lenders 84 Section 2.27. Request for Extended Facilities 88 Article III CONDITIONS PRECEDENT TO LOANS AND LETTERS OF CREDIT; ADDITIONS OF BORROWING BASE ASSETS 90 Section 3.1. Conditions to Effectiveness 91 Section 3.2. Conditions to Each Credit Event 94 Section 3.3. Delivery of Documents 94 Section 3.4. Removal of Borrowing Base Assets and Releases of Loan Parties 94 Article IV REPRESENTATIONS AND WARRANTIES 95 Section 4.1. Due Organization and Good Standing 96 Section 4.2. Power and Authority, Due Authorization, Execution, Delivery and Enforceability 96 Section 4.3. Governmental and Third Party Consents and Approvals; No Conflicts 96 Section 4.4. Financial Statements; Material Adverse Change 96 Section 4.5. Litigation and Environmental Matters 97 Section 4.6. Compliance with Laws 98 Section 4.7. Investment Company Act 99 Section 4.8. Taxes 99 Section 4.9. Margin Regulations 99 Section 4.10. ERISA 100 Section 4.11. Ownership of Property 100 Section 4.12. Accuracy of Disclosure 102 Section 4.13. Labor Relations 102 Section 4.14. Subsidiaries 102 Section 4.15. Solvency 103 Section 4.16. Insurance 103 Section 4.17. Reserved 103 Section 4.18. Real Property Assets; Leases 103 Section 4.19. Assignment of Claims Act 104 Section 4.20. Healthcare Matters 104 Section 4.21. OFAC 108 Section 4.22. Patriot Act 108 Section 4.23. No Default 108 Section 4.24. Intellectual Property 108 Section 4.25. REIT Status 108 Section 4.26. EEA Financial Institution 108 Article V AFFIRMATIVE COVENANTS 108 Section 5.1. Financial Statements and Other Information 109 Section 5.2. Notices of Material Events 111 Section 5.3. Existence; Conduct of Business 114 Section 5.4. Compliance with Laws 114 Section 5.5. Payment of Taxes and Other Obligations 114 Section 5.6. Books and Records 115 Section 5.7. Visitation and Inspection 115 Section 5.8. Maintenance of Properties 115 Section 5.9. Insurance 116 Section 5.10. Use of Proceeds; Margin Regulations 116 Section 5.11. Casualty and Condemnation 116 Section 5.12. Additional Subsidiaries 116 Section 5.13. REIT Status 118 Section 5.14. Further Assurances 118 Section 5.15. Healthcare Matters 118 Section 5.16. Environmental Matters 119 Section 5.17. Borrowing Base Additions 120 Section 5.18. Borrowing Base Assets 121 Section 5.19. Borrowing ...
Payments Generally; Pro Rata Treatment; Sharing of Set offs. (a) The Borrower shall make each payment required to be made by it ----- hereunder or under any other Loan Document (whether of principal, interest, fees or reimbursement of LC Disbursements, or of amounts payable under Section 2.15, 2.16 or 2.17, or otherwise) prior to 12:00 noon, New York City time, on the date when due, in immediately available funds, without set-off or counterclaim. Any amounts received after such time on any date may, in the discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative Agent at its offices at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, except payments to be made directly to the Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.15, 2.16, 2.17 and 9.03 shall be made directly to the Persons entitled thereto and payments pursuant to other Loan Documents shall be made to the Persons specified therein. The Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment under any Loan Document shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments under each Loan Document shall be made in dollars.
Payments Generally; Pro Rata Treatment; Sharing of Set offs 7275 SECTION 2.18. Mitigation Obligations; Replacement of Lenders 7477 SECTION 2.19. Refinancing Amendments 7577
Payments Generally; Pro Rata Treatment; Sharing of Set offs 52 Section 2.23. Letters of Credit 54 Section 2.24. Increase of Commitments; Additional Lenders 60 Section 2.25. Mitigation of Obligations 61 Section 2.26. Replacement of Lenders 62 Section 2.27. Defaulting Lender 62
Payments Generally; Pro Rata Treatment; Sharing of Set offs 83 SECTION 2.16. Mitigation Obligations; Replacement of Lenders 85 SECTION 2.17. Illegality 86 SECTION 2.18. Incremental Facilities 86 SECTION 2.19. Other Term Loans 91 SECTION 2.20. Extensions of Term Loans 91 SECTION 2.21. Repricing Event 93 ARTICLE III Representations and Warranties SECTION 3.01. Organization; Powers 93 SECTION 3.02. Authorization 94 SECTION 3.03. Enforceability 95 SECTION 3.04. Governmental Approvals 95 SECTION 3.05. Title to Properties; Possession Under Leases 95 SECTION 3.06. Subsidiaries 96 SECTION 3.07. Litigation; Compliance with Laws 96 SECTION 3.08. Federal Reserve Regulations 97 SECTION 3.09. Investment Company Act 97 SECTION 3.10. Use of Proceeds 97 SECTION 3.11. Tax Returns 97 SECTION 3.12. No Material Misstatements 97 SECTION 3.13. Environmental Matters 98 SECTION 3.14. Security Documents 99 SECTION 3.15. Location of Real Property and Leased Premises 99 SECTION 3.16. Solvency 100 SECTION 3.17. No Material Adverse Effect 100 SECTION 3.18. Insurance 100
Payments Generally; Pro Rata Treatment; Sharing of Set offs 39 Section 2.19. Mitigation Obligations; Replacement of Lenders 40 Section 2.20. Separateness 40 ARTICLE III Representations and Warranties 40 Section 3.01. Organization; Powers 41 Section 3.02. Authorization; Enforceability 41 Section 3.03. Governmental Approvals; No Conflicts 42 Section 3.04. Financial Condition; No Material Adverse Change 42 Section 3.05. Litigation and Environmental Matters 43 Section 3.06. Compliance with Laws 43 Section 3.07. Investment and Holding Company Status 43 Section 3.08. Taxes 43 Section 3.09. ERISA 43 Section 3.10. Disclosure 44 Section 3.11. Subsidiaries 44 Section 3.12. Margin Securities 44 ARTICLE IV Conditions 44 Section 4.01. Effective Date 44 Section 4.02. Each Credit Event 46 Section 4.03. Post-Effectiveness Condition 46
Payments Generally; Pro Rata Treatment; Sharing of Set. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest or fees, or of amounts payable under Sections 2.12, 2.13 or 2.14, or otherwise) prior to 12:00 noon, New York City time, on the date when due, in immediately available funds, without set off or counterclaim. Any amounts received after such time on any date may, in the discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative Agent at its Principal Office and except that payments pursuant to Sections 2.12, 2.13 or 2.14 and Section 9.03 shall be made directly to the Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment or performance hereunder shall be due on a day that is not a Business Day, the date for payment or performance shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments hereunder shall be made in dollars.
Payments Generally; Pro Rata Treatment; Sharing of Set offs. (a) The Borrower shall make each payment required to be made by it ---- hereunder (whether of principal, interest, or fees, or under Section 2.14, 2.15 or 2.16, or otherwise) prior to 2:00 P.M., New York City time, on the date when due, in immediately available funds, without set-off or counterclaim. Any amounts received after such time on any date may, in the discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative Agent at its offices at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, except payments to be made directly to the Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.14, 2.15, 2.16 and 9.03 shall be made directly to the Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment hereunder shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments hereunder shall be made in dollars.
Payments Generally; Pro Rata Treatment; Sharing of Set offs 37 Section 4.02. Presumption of Payment by the Borrower 38 Section 4.03. Certain Deductions by the Administrative Agent 38 Section 4.04. Disposition of Proceeds 39 ARTICLE V INCREASED COSTS; BREAK FUNDING PAYMENTS; TAXES; ILLEGALITY Section 5.01. Increased Costs 39 Section 5.02. Break Funding Payments 40 Section 5.03. Taxes 40 Section 5.04. Mitigation Obligations; Replacement of Lenders 45 Section 5.05. Illegality 46 ARTICLE VI CONDITIONS PRECEDENT Section 6.01. Effective Date 46 Section 6.02. Additional Conditions 51 ARTICLE VII
Payments Generally; Pro Rata Treatment; Sharing of Set offs Section 2.22. [Intentionally Omitted] Section 2.23. Increase of Commitments; Additional Lenders Section 2.24. Mitigation of Obligations
