Common use of Representation of Lenders Clause in Contracts

Representation of Lenders. Each Lender initially party to this ------------------------- Agreement hereby represents, and each Person that becomes a Lender pursuant to an assignment permitted by this subsection 10.1B upon its becoming a Lender under this Agreement shall be deemed to represent, that it is a commercial lender, other financial institution or other "accredited investor" (as defined in Regulation D under the Securities Act) which makes loans in the ordinary course of its business and is acquiring the Loans without a view to distribution of the Loans within the meaning of the federal securities laws, and that it will make or acquire Loans for its own account in the ordinary course of such business; provided that, subject to -------- the provisions of this subsection 10.1, the disposition of any promissory notes or other evidences of or interests in Indebtedness held by such Lender shall at all times be within its exclusive control.

Appears in 2 contracts

Samples: Credit Agreement (Afc Enterprises Inc), Credit Agreement (Afc Enterprises Inc)

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Representation of Lenders. Each Lender initially party to this ------------------------- Agreement hereby represents, and each Person that becomes a Lender pursuant to an assignment permitted by this subsection 10.1B 9.1B upon its becoming a Lender under this Agreement shall be deemed to represent, that it is a commercial lender, other financial institution or other "accredited investor" (as defined in Regulation D under the Securities Act) which makes or acquires loans in the ordinary course of its business and is acquiring the Loans without a view to distribution of the Loans within the meaning of the federal securities laws, and that it will make or acquire Loans for its own account in the ordinary course of such business; provided that, subject to -------- the provisions of this subsection 10.19.1, the disposition of any promissory notes or other evidences of or interests in Indebtedness held by such Lender shall at all times be within its exclusive control.

Appears in 1 contract

Samples: Credit Agreement (Clark Refining & Marketing Inc)

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Representation of Lenders. Each Lender initially party to this ------------------------- Agreement hereby represents, and each Person that becomes a Lender pursuant to an assignment permitted by this subsection 10.1B 9.1B upon its becoming a Lender under this Agreement shall be deemed to represent, that it is a commercial lender, other financial institution or other "accredited investor" (as defined in Regulation D under the Securities Act) which makes loans in the ordinary course of its business and is acquiring the Loans without a view to distribution of the Loans within the meaning of the federal securities laws, and that it will make or acquire Loans for its own account in the ordinary course of such business; provided that, subject to -------- the provisions of this subsection 10.19.1, the disposition of any promissory notes or other evidences of or interests in Indebtedness held by such Lender shall at all times be within its exclusive control.

Appears in 1 contract

Samples: Credit Agreement (Clark Refining & Marketing Inc)

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