THE FINANCIAL INSTITUTION Sample Clauses

THE FINANCIAL INSTITUTION listed in Part 2 of Schedule 1 (The Original Parties) as lender (the “Original Lender”);
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THE FINANCIAL INSTITUTION identified in Part A of Schedule 1 (The Parties) as lender (the "Lender");
THE FINANCIAL INSTITUTION identified in Part A of Schedule 1 (The Parties) as hedge counterparty (the "Hedge Counterparty");
THE FINANCIAL INSTITUTION listed in Schedule 1 (The Revolving Credit Facility Lenders) as lender (the “Revolving Credit Facility Lender”).
THE FINANCIAL INSTITUTION. In executing this Agreement as Financial Institution, The Bank of New York Mellon Trust Company, N.A. executes for the sole and limited purpose of confirming that its duties as Escrow Agent under this Agreement shall extend to and include its responsibilities as “bank” and as “securities intermediary” under the Code with respect to funds and financial assets on deposit in or credited to the Account. References herein to Financial Institution shall in all cases refer to the Escrow Agent acting solely in such capacities and shall under no circumstance be construed to imply obligations against The Bank of New York Mellon Trust Company, N.A. in its personal or in any other capacity.

Related to THE FINANCIAL INSTITUTION

  • Financial Institution The Financial Institution will not be liable under this Agreement, except for (i) its own willful misconduct, bad faith or negligence or (ii) breach of its representations and warranties in this Agreement. The Financial Institution will not be liable for special, indirect or consequential losses or damages (including lost profit), even if the Financial Institution has been advised of the likelihood of the loss or damage and regardless of the form of action.

  • EEA Financial Institution No Loan Party is an EEA Financial Institution.

  • Location of Financial Institution Regardless of any provision in any other agreement, for purposes of the UCC, New York will be the location of the bank for purposes of Sections 9-301, 9-304 and 9-305 of the UCC and the securities intermediary for purposes of Sections 9-301 and 9-305 and Section 8-110 of the UCC.

  • EEA Financial Institutions No Loan Party is an EEA Financial Institution.

  • Affected Financial Institution No Loan Party is an Affected Financial Institution.

  • Financial Institutions Notwithstanding this Article 3, any party may provide Confidential Information to any financial institution in connection with borrowings from such financial institution by such party or any of its Controlled Related Parties, so long as prior to any such disclosure such financial institution executes a confidentiality agreement that provides protection substantially equivalent to the protection provided the parties in this Article 3.

  • Affected Financial Institutions No Loan Party is an Affected Financial Institution.

  • FINANCIAL INSTITUTION’S LIABILITY Liability for failure to make transfers. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

  • Reliance by Financial Institution The Financial Institution is not obligated to investigate or inquire whether the Secured Party may deliver a Secured Party Order. The Financial Institution may rely on communications (including Secured Party Orders) believed by it in good faith to be genuine and given by the proper party.

  • Bank The Buyer (a) is a national bank or banking institution organized under the laws of any State, territory or the District of Columbia, the business of which is substantially confined to banking and is supervised by the State or territorial banking commission or similar official or is a foreign bank or equivalent institution, and (b) has an audited net worth of at least $25,000,000 as demonstrated in its latest annual financial statements, a copy of which is attached hereto.

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