Qualified Lender Clause Samples
The 'Qualified Lender' clause defines the specific criteria that a lender must meet to be recognized as an eligible party under the agreement. Typically, this involves requirements such as being a reputable financial institution, holding certain regulatory approvals, or meeting minimum capitalization thresholds. For example, only banks licensed in certain jurisdictions or entities not subject to withholding tax may qualify. The core function of this clause is to ensure that only reliable and creditworthy lenders participate, thereby reducing counterparty risk and ensuring compliance with legal and tax obligations.
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Qualified Lender. A Mortgage may be given only to (i) a Bona Fide Institutional Lender, or (ii) any other lender that shall have been approved in advance by Landlord in writing in Landlord’s sole and absolute discretion, subject to Landlord’s receipt of substantial and adequate evidence providing Landlord with information on the structure, financial capacity, and experience of such other lender. In any instances in which Landlord’s approval is so required, Landlord shall be deemed to have approved such other lender if the written notice from Tenant of the identity of such other lender specifies that no notification of disapproval within sixty (60) days after the receipt of such written notice constitutes approval, and Landlord sends no notification of disapproval within ten (10) days after written notice from Tenant to Landlord, notifying Landlord of the expiration of such sixty (60)-day period.
Qualified Lender. The Mortgage Loan was originated by a Mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or similar institution supervised and examined by a federal or state authority.
Qualified Lender. The Mortgage Loan was originated by a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or similar institution supervised and examined by a federal or state authority.
Qualified Lender a Lender (other than a Lender within paragraph (ii) below) which is beneficially entitled to interest payable to that Lender in respect of any advance under the Loan Documents and is:
Qualified Lender. The Lender is eligible to make commercial loans, is a public depository of State funds, is insured by the Federal Deposit Insurance Corporation and has executed an Agency Bank Account Services Contract with the Maryland Treasurer=s Office.
Qualified Lender. The Mortgage Loan was originated by a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or similar institution supervised and examined by a federal or state authority. (tt) No Ground Leases: No Mortgaged Property is subject to a ground lease. (uu) No Additional Fees: With respect to any broker fees collected and paid on any of the Mortgage Loans, all such fees have been properly assessed to the Mortgagor and no claims will arise as to such fees that are double charged and for which the Mortgagor would be entitled to reimbursement. (vv) Home Ownership and Equity Protection ▇▇▇ ▇▇▇▇: None of the Mortgage Loans are subject to the Home Ownership and Equity Protection Act of 1994 or any comparable state law. (ww) No Single Credit Insurance: None of the proceeds of the Mortgage Loan were used to finance single premium credit insurance policies.
Qualified Lender. Each Lender, upon execution and delivery hereof or upon succeeding to an interest in Loans or upon succeeding to an interest in Loans, as the case may be, represents and warrants as of the Closing Date or the effective date of the applicable Assignment and Acceptance (as applicable) (which representation and warranty shall survive the delivery of Loan Agreement or Assignment and Acceptance, as applicable) that it is either a commercial bank or a “qualified institutional buyer”, as defined in Rule 144A under the Securities Act (or such alternative representation as reflected in an Assignment and Acceptance in the form approved by the Borrower prior to the Closing Date). The Facility Agent and the Security Trustee shall be entitled to rely conclusively on each representation by a Lender hereunder (including this Section 8.19), under or in connection with any Assignment and Acceptance or in any other Operative Agreements, without further independent investigation of any kind.
Qualified Lender. Either (i) the Agent or any Lender or (ii) any other bank or trust company organized under the laws of the United States of America or any state thereof, having total assets in excess of $5,000,000,000 and whose long-term certificates of deposit are rated "A" or better by Standard and Poor's Ratings Group, a division of ▇▇▇▇▇▇-▇▇▇▇, Inc., or "A" or better by ▇▇▇▇▇'▇ Investors Service, Inc.