Applicable Funding Office for each Funding Party, the funding office of such Funding Party (or an affiliate of such Funding Party) designated for any Lessor Investments or Lease Participant Investments on the signature pages of the Investment Agreement (or in an Assignment and Acceptance executed by a Lease Participant pursuant to Section 11.06 of the Investment Agreement) or such other offices of such Funding Party (or of an affiliate of such Funding Party) as such Funding Party may from time to time specify to the Administrative Agent on behalf of Lessor (if Lessor is not such Funding Party) and the Company as the office by which its Lessor Investments or Lease Participant Investments, as applicable, are to be made and maintained.
Applicable Funding Office means, with respect to any Purchaser, the office or offices of such Purchaser specified as its “Funding Office” beneath its name on the applicable signature page hereto, or such other office or offices of such Purchaser as it may from time to time notify the Issuer and the Collateral Agent.
Applicable Funding Office means for each Financing Party and for each Type of Loan or Lessor Funding, the “Funding Office” of such Lender or Financing Party (or of an affiliate of such Financing Party) designated for such Type of Loan or Lessor Funding on the signature pages of the Participation Agreement or the respective Assignment and Acceptance, or such other office of such Financing Party (or an affiliate of such Financing Party) as such Financing Party may from time to time specify to the Agent and the Lessee by written notice in accordance with the terms of the Operative Agreements as the office by which its Loans or Lessor Fundings of such Type are to be made and maintained.
Examples of Applicable Funding Office in a sentence
If Lessee is required to pay additional amounts to or for the account of any Participant pursuant to Sections 14.1 to 14.3 or Section 14.5, to the extent applicable, then such Participant will agree to use reasonable efforts to change the jurisdiction of its Applicable Funding Office so as to eliminate or reduce any such additional payment which may thereafter accrue if such change, in the sole judgment of such Participant, is not otherwise disadvantageous to such Participant.
More Definitions of Applicable Funding Office
Applicable Funding Office means for each Lender or Holder and for each Type of Loan or Holder Advance, the "Funding Office" of such Lender aor Holder (or of an affiliate of such Lender or Holder) designated for such Type of Loan or Holder Advance on the signature pages of the Participation Agreement or the respective Assignment and Acceptance, or such other office of such Lender or Holder (or an affiliate of such Lender or Holder) as such Lender or Holder may from time to time specify to the Agent and the Borrower by written notice in accordance with the terms of the Operative Agreements as the office by which its Loans or Holder Advances of such Type are to be made and maintained.
Applicable Funding Office means, for each Participant, the office of such Participant set forth as the Applicable Funding Office for such Participant on Schedule III to the Participation Agreement, as applicable, or such other office of such Participant (or of an Affiliate of such Participant) as such Participant may from time to time specify to the Administrative Agent and Lessee by written notice as the office from which its Rent Assignment Contributions or Lessor Amount, as applicable, accruing Yield at the Term SOFR Rate are made available and maintained.
Applicable Funding Office means, in the case of Advances denominated in Dollars, New York and, in the case of Advances denominated in Euros, London.
Applicable Funding Office for each Participant, the funding office of such Participant (or an affiliate of such Participant) designated for any interest of such Participant in Interim Rent or Basic Rent in the participation agreement with the Lessor or such other offices of such Participant (or of an affiliate of such Participant) as such Participant may from time to time specify to the Lessor as the office by which its interest in Interim Rent and Basic Rent, as applicable, are to be made and maintained.
Applicable Funding Office for each Funding Party, the funding ------------------------- office of such Funding Party (or an affiliate of such Funding Party) designated for any Lessor Advance or Lease Participant Advance on the signature pages of the Investment Agreement (or in an Assignment and Acceptance executed by a Lease Participant pursuant to Section 11.06 of the Investment Agreement) or such other offices of such Funding Party (or of an affiliate of such Funding Party) as such Funding Party may from time to time specify to the Lessor (if it is not such Funding Party) and the Company as the office by which its Lessor Advances or Lease Participant Advances, as applicable, are to be made and maintained.
Applicable Funding Office. [Address] Consented to: [Name of Company] WACHOVIA CAPITAL MARKETS, INC., as Lessor [IF REQUIRED BY INVESTMENT AGREEMENT] By:________________________________ By:________________________________ Title: Title: ____________________ ** This date should be no earlier than the date of consent by the Lessor. EXHIBIT D-1 FORM OF LEGAL OPINION OF COUNSEL TO THE COMPANY AND THE SUBSIDIARY GUARANTORS March __, 1998 To the Lessor and the Lease Participants Referred to Below c/o Wachovia Capital Markets, Inc., as Lessor 000 Xxxxxxxxx Xxxxxx, X.X. Xxxxxxx, Xxxxxxx 00000-0000 Dear Sirs: We are special counsel for U.S. Xpress Enterprises, Inc., a Nevada corporation (the "Company") and U.S. Xpress, Inc., a Nevada corporation, CSI/Crown, Inc., a Georgia corporation, JTI, Inc., Xpress Air, Inc. and U.S. Xpress Leasing, Inc., each Tennessee corporations (collectively, the "Subsidiary Guarantors"). This opinion is being delivered pursuant to Section 6.01(b) of the Investment and Participation Agreement dated as of even date herewith (the "Investment Agreement"), among the Company, the Lease Participants parties thereto, and Wachovia Capital Markets, Inc., as Lessor (the "Lessor"), and in connection with the execution and delivery of the other Operative Documents (as defined in the Investment Agreement). Terms defined in the Investment Agreement or in Schedule 1.02 to the Investment Agreement are used herein as therein defined, unless otherwise indicated. We have examined originals or copies, certified or otherwise identified to our satisfaction, of such documents, corporate records, certificates of public officials and other instruments and have conducted such other investigations of fact and law as we have deemed necessary or advisable for purposes of this opinion. In addition, we have reviewed the following documents (collectively, (i) as to the Company, the documents: identified in (1) through (5) below are the "Company Documents"), and (ii) as to the Subsidiary Guarantors, the documents identified in (5) and(6) below are the "Guarantor Documents":
Applicable Funding Office for each Lender and the Lessor, ------------------------- respectively, the funding office of such Lender or the Lessor (or an affiliate of such Lender or the Lessor) designated for any Loan or LI Funding on the signature pages of the Credit Agreement (or in an Assignment and Acceptance executed by such Lender pursuant to Section 11.06 or the Credit Agreement) or such other offices of such Lender or the Lessor (or of an affiliate of such Lender or the Lessor) as such Lender or the Lessor may from time to time specify to the Agent, the Lessor (for notices by a Lender) and the Company as the office by which its Loans or Lessor Investments are to be made and maintained.