Source of Repayment. (a) Notwithstanding any other provision of this Agreement, the parties agree that the assets and liabilities of each Borrower are separate and distinct from the assets and liabilities of each other Borrower, and to the extent a Borrower is a series of a Delaware LLC, a Trust or a Maryland corporation, such Delaware LLC, such Trust or such Maryland corporation and each other series of that Delaware LLC, Trust or Maryland corporation, as the case may be, and that no Borrower, and to the extent a Borrower is a series of a Delaware LLC, a Trust or a Maryland corporation, no such Delaware LLC, such Trust or such Maryland corporation and no other series of that Delaware LLC, Trust or Maryland corporation, as the case may be, shall be liable or shall be charged for any debt, obligation, liability, fee or expense arising under this Agreement or out of or in connection with any transaction other than one entered into by or on behalf of itself. The Borrowers shall (i) as provided in Section 3.1(d), (ii) to the extent feasible, at least five Business Days in advance of a date on which a payment in respect of a debt, obligation, liability, fee or expense arising hereunder (other than principal of or interest on a Loan) shall be due and payable and (iii) upon request of the Administrative Agent or at any time at the option of the Borrowers, cause to be provided to the Administrative Agent an Allocation Notice; provided, however, should the Borrowers fail to deliver to the Administrative Agent an Allocation Notice with respect to such amounts within five Business Days following a request for the same by the Administrative Agent, the Borrowers shall be severally liable therefor to the Administrative Agent and/or the Banks in the proportion set forth in the Allocation Notice most recently delivered to the Administrative Agent.
(b) With respect to each Trust that is a “Massachusetts Business Trust”, the parties hereto acknowledge that the Trust Agreement for such Trust is on file with the Secretary of the Commonwealth of The Commonwealth of Massachusetts and the Clerk of the City of Boston. With respect to each Trust, the parties hereby agree that this Agreement is not executed on behalf of the trustees of such Trust as individuals; that the obligations of any Borrower of such Trust under this Agreement and any claims, obligations or liabilities arising hereunder are not binding on any of the trustees, officers or shareholders of such Trust individually but are binding upo...
Source of Repayment. A re-employed Participant may make repayment from any source, including an IRA Rollover Contribution, permissible under Applicable Law.
Source of Repayment. 12.1.1 The financial source of the Borrower for repaying the loan principal and interest hereunder include, without limitation:
(1) Operating incomes ;
Source of Repayment. Borrower is obligated to supply 50 percent or more of related borrower’s annual gross receipts, and reliance on the income from one another is such that the debt service of the related borrower could not be met if income flow from the borrower is interrupted or terminated. Commingled Operations: Assets or operations of the borrowers are commingled and cannot be separated without materially impacting the borrowers’ repayment ca- pacity The borrower owns 50 percent or more of the stock of the related bor- rower. The borrower owns or has the power to vote 25 percent or more of the voting stock of a related borrower, and (1) Shares a common directorate or management with a related bor- rower, or (2) Controls the election of a majority of directors of a related borrower, or (3) Exercises a controlling influence over management of a related bor- rower’s operations through the provisions of management placement or marketing agreements, or providing services such as insurance carrier or bookkeeping. No. Yes. Yes. Yes. Yes. [58 FR 40321, July 28, 1993, as amended at 62 FR 51015, Sept. 30, 1997. Redesignated and amend- ed at 64 FR 34517, June 28, 1999]
(a) Each loan, except loans that are grandfathered under the provisions of § 614.4361, shall be in compliance with the lending and leasing limit on the date the loan is made, and at all times thereafter. Except as provided for in paragraph (b) of this section, loans which are in violation of the lending and leasing limit shall comply with the provisions of § 615.5090 of this chapter.
(b) Under the following conditions a loan that violates the lending and leas- ing limit shall be exempt from the pro- visions of § 615.5090 of this chapter:
(1) A loan in which the total amount of principal outstanding and undisbursed commitments exceed the lending and leasing limit because of a decline in permanent capital after the loan was made.
(2) Loans on which funds are ad- vanced pursuant to a commitment that was within the lending and leasing limit at the time the commitment was made, even if the lending and leasing limit subsequently declines.
(3) A loan that exceeds the lending and leasing limit as a result of the con- solidation of the debt of two or more borrowers as a consequence of a merger or the acquisition of one borrower’s op- erations by another borrower. Such a loan may be extended or renewed, for a period not to exceed 1 year from the date of such merger or acquisition, dur- ing which period the institution may advan...
Source of Repayment. 13 2.7 Extension of Scheduled Termination Date...................14
Source of Repayment. (a) Notwithstanding any other provision of this Agreement, the parties agree that the assets and liabilities of each Borrower, are separate and distinct from the assets and liabilities of each other Borrower, and to the extent a Borrower is a series of a Trust or a Maryland corporation, each other series of that Trust or Maryland corporation, as the case may be, and that no Borrower, and to the extent a Borrower is a series of a Trust or a Maryland corporation, no other series of that Trust or Maryland corporation, as the case may be, shall be liable or shall be charged for any debt, obligation, liability, fee or expense arising under this Agreement or out of or in connection with any transaction other than one entered into by or on behalf of itself. The Borrowers shall (i) as provided in Section 3.1(d),
Source of Repayment. Borrower’s Loan (ID [●]) issued to the Borrower
Source of Repayment. (a) Notwithstanding any other provision of this Agreement, the parties agree that the assets and liabilities of each Portfolio of a Fund are separate and distinct from the assets and liabilities of each other Portfolio of that Fund. No Portfolio or Fund shall be liable or shall be charged for any debt, obligation, liability, fee, or expense arising out of or in connection with a transaction entered into by or on behalf of any other Portfolio or Fund or any judgment with respect thereto.
(b) With respect to each Fund that is organized as a Massachusetts business trust, the parties hereby agree that this Agreement is not executed on behalf of the trustees of such Fund as individuals, and the obligations of such Fund, or a Portfolio of such Fund (with respect to a Fund with Portfolios), under this Agreement and its Note(s) are not binding on any of the trustees, officers or shareholders of such Fund individually, but are binding upon only the assets and property of such Fund or Portfolio, as the case may be.
(c) Nothing in this Section 2.6 shall affect the rights of the Agent or the Banks against Adviser Persons as provided in Section 1.6.
Source of Repayment. (a) Notwithstanding any other provision of this Agreement, the parties agree that the assets and liabilities of each Portfolio of a Fund are separate and distinct from the assets and liabilities of each other Portfolio of that Fund. No Portfolio or Fund shall be liable or shall be charged for any debt, obligation, liability, fee, or expense arising out of or in connection with a transaction entered into by or on behalf of any other Portfolio or Fund, or arising out of or in connection with any other action by a Portfolio or Fund giving rise to any expense as described in [Section 13.3(i)], or any judgment with respect thereto.
(b) With respect to each Fund that is organized as a Massachusetts business trust, the parties hereby agree that this Agreement is not executed on behalf of the trustees of such Fund as individuals, and the obligations of such Fund, or a Portfolio of such Fund (with respect to a Fund with Portfolios), under this Agreement and its Note(s)) are not binding on any of the trustees, officers or shareholders of such Fund individually, but are binding upon only the assets and property of such Fund or Portfolio, as the case may be.
(c) Nothing in this Section 2.6 shall affect the rights of the Operations Agent or the Banks against Adviser Persons as provided in Section 1.6. The Funds and the Portfolios shall honor the good faith allocations made among them pursuant to the Indemnification Agreement.
Source of Repayment. (a) Notwithstanding any other provision of this Agreement, the parties agree that the assets and liabilities of each series of an Investment Company are separate and distinct from the assets and liabilities of each other series of that Investment Company and that no series of an Investment Company shall be liable or shall be charged for any debt, obligation, liability, fee or expense arising under this Agreement or any other Credit Document or out of or in connection with any transaction other than one entered into by or on behalf of itself. The Investment Companies shall (i) as provided in Section 4.1(f), (ii) promptly following changes needed to be made to the allocations set forth in the Allocation Notice most recently delivered hereunder and (iii) upon request of the Operations Agent, cause to be provided to the Operations Agent an Allocation Notice. Each Fund shall be liable to the Banks and Agents hereunder for fees, costs and expenses that are not specific or identifiable to any Fund or Funds for the percentage thereof as shall equal the percentage allocation set forth for such Fund in the Allocation Notice most recently delivered to the Operations Agent.
(b) The parties hereto acknowledge that: (i) the Trust Agreement for each Investment Company that is a trust is on file with the Secretary of State of The Commonwealth of Massachusetts and the Clerk of the City of Boston; (ii) with respect to each Investment Company that is a trust, this Agreement is not executed on behalf of the trustees of such Investment Company as individuals; (iii) that the obligations of any Fund of such Investment Company under this Agreement, its Notes (if any) and any claims, obligations or liabilities arising hereunder are not binding on any of the trustees, officers or shareholders of such Investment Company individually but are binding upon only the assets and property of such Fund; and (iv) that no Fund or series of an Investment Company will be held liable for the obligations or liabilities of any other Fund or series of that Investment Company.
(c) Nothing in this Section 2.12 shall affect the Banks' rights against Adviser Persons as provided in Section 1.5.
