Sole Purpose. The Borrower has been formed solely for the purpose of engaging in transactions of the types contemplated by this Agreement, and has not engaged in any business activity other than the negotiation, execution and to the extent applicable, performance of this Agreement and the transactions contemplated by the Transaction Documents.
Sole Purpose. Any documentation or information supplied pursuant to this Agreement by either party to the other shall be used solely for the purposes set forth in this Agreement.
Sole Purpose. It (i) is not an entity that has been established or operates for the sole purpose of securitising exposures and (ii) has the capacity to meet its payment obligations from resources not related to the exposures it securitises.
Sole Purpose. The Borrower has been formed solely for the purpose of, and has not engaged in any business activity other than, the acquisition of commercial loans, the pledge and financing thereof and transactions incidental thereto and activities of the type expressly permitted under Section 5.01(a). The Borrower is not party to any agreements other than this Agreement and the other Transaction Documents to which it is a party and the Required Loan Documents and other agreements listed on the Loan Asset Checklist for each Portfolio Asset in respect of which the Borrower is a lender or loan participant.
Sole Purpose. Such Loan Party has been formed solely for the purpose of engaging in transactions of the types contemplated by this Agreement, and has not engaged in any business activity other than the negotiation, execution and to the extent applicable, performance of this Agreement and the transactions contemplated by the Transaction Documents; provided that, any Securitization Subsidiary may enter into any agreements or letters (including, but not limited to, engagement letters, term sheets and agreements with rating agencies), so long as any Lien created thereunder is expressly subordinated to the Liens created hereunder, as is customary for an issuer prior to and in contemplation of a Securitization.
Sole Purpose. Each of the LLCs that owns a Facility has not conducted, and is not conducting, any business or operations, other than the development, construction, ownership, operation, and maintenance of its Facility, including the generation and sale of electric energy at wholesale from its Facility.
Sole Purpose. Holdings has been formed solely for the purpose of holding the equity of the Borrower and engaging in transactions contemplated by this Agreement, and has not engaged in any other business activity. Holdings has no Indebtedness. Holdings is not party to any agreements other than this Agreement, the other Transaction Documents and other agreements in the ordinary course of business.
Sole Purpose. Borrower warrants, represents and agrees that Borrower is a single purpose entity that has not engaged in any business other than the acquisition and leasing and the operation of the Facility.
Sole Purpose. The Borrower’s only business is that of operating and chartering the Vessel and any other activities incidental thereto as contemplated by the Transaction Documents.
Sole Purpose. The parties acknowledge and agree that (a) for the period prior to the Closing, Tribune is a party to this Agreement with respect to Section 2.01, Section 2.07, Section 7.04, Section 9.03, Section 10.01, Section 10.03(f), Article VIII, Article XI and Article XIII only and for the sole and exclusive purpose of (i) transferring the Purchased Assets at Closing and making certain closing deliveries as provided herein and (ii) receiving the Purchase Price at the Closing and (b) neither Buyer nor any Affiliate of Buyer shall have any liabilities or obligations to Tribune under, or pursuant to, the terms of this Agreement; provided, that nothing in this Section 13.14 shall amend, modify or otherwise change any liabilities or obligations (x) of Xxxxxxxx under this Agreement with respect to Tribune or Tribune’s Affiliates (including with respect to any representations, warranties or covenants) or (y) of Tribune for the period on or following the Closing.
