Common use of Representation by Banks Clause in Contracts

Representation by Banks. Each Bank hereby represents that it is a commercial lender or financial institution which makes loans in the ordinary course of its business and that it will make its Loans hereunder for its own account in the ordinary course of such business; provided that, subject to Section 9.08, the disposition of the Note or Notes held by that Bank shall at all times be within its exclusive control.

Appears in 9 contracts

Samples: Credit Agreement (Gables Realty Limited Partnership), Credit Agreement (Flowers Industries Inc /Ga), Credit Agreement (Russell Corp)

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Representation by Banks. Each Bank hereby represents that it is a commercial lender or financial institution which makes loans in the ordinary course of its business and that it will make its Loans hereunder for its own account in the ordinary course of such business; provided that, subject to Section 9.0810.08, the disposition of the Note or Notes held by that Bank shall at all times be within its exclusive control.

Appears in 4 contracts

Samples: Credit Agreement (Sed International Holdings Inc), Credit Agreement (Gables Residential Trust), Credit Agreement (Gables Realty Limited Partnership)

Representation by Banks. Each Bank hereby represents that it is a commercial lender or financial institution which makes loans in the ordinary course of its business and that it will make its Loans hereunder for its own account in the ordinary course of such business; provided PROVIDED that, subject to Section 9.08, the disposition of the Note or Notes held by that Bank shall at all times be within its exclusive control.

Appears in 3 contracts

Samples: Credit Agreement (Amli Residential Properties Trust), Credit Agreement (Amli Residential Properties Trust), Credit Agreement (Amli Residential Properties Trust)

Representation by Banks. Each Bank hereby represents that it is a commercial lender or financial institution which makes loans in the ordinary course of its business and that it will make its Loans hereunder for its own account in the ordinary course of such business; provided that, subject to Section 9.0810.08, the disposition of the Note or Reimbursement Notes held by that Bank shall at all times be within its exclusive control.

Appears in 2 contracts

Samples: Reimbursement Agreement (Gables Residential Trust), Reimbursement Agreement (Gables Realty Limited Partnership)

Representation by Banks. Each Bank hereby represents that it is a commercial lender or financial institution which makes loans Loans in the ordinary course of its business and that it will make its Loans hereunder for its own account in the ordinary course of such business; provided PROVIDED, HOWEVER that, subject to Section 9.08, the disposition of the Note or Notes held by that Bank shall at all times be within its exclusive control.

Appears in 1 contract

Samples: Credit Agreement (Loewen Group Inc)

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Representation by Banks. Each Bank hereby represents that it is a commercial lender or financial institution which makes loans in the ordinary course of its business and that it will make its Loans hereunder for its own account in the ordinary course of such business; provided PROVIDED, HOWEVER, that, subject to Section 9.089.07, the disposition of the Note or Notes held by that Bank shall at all times be within its exclusive control.

Appears in 1 contract

Samples: Credit Agreement (Outback Steakhouse Inc)

Representation by Banks. Each Bank hereby represents that it is a commercial lender or financial institution which makes loans Revolving Loans in the ordinary course of its business and that it will make its Revolving Loans hereunder for its own account in the ordinary course of such business; provided PROVIDED, HOWEVER that, subject to Section 9.089.8, the disposition of the a Note or the Notes held by that Bank shall at all times be within its exclusive control.

Appears in 1 contract

Samples: Credit Agreement (Avado Brands Inc)

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