Borrower 3 definition
Examples of Borrower 3 in a sentence
At such time as Lender desires to make an Advance, Lender shall give Borrower 3 business days prior written notice of the making of an Advance (an “Advance Notice”), which Advance Notice shall include the amount of the Advance and the date upon which the Advance will be made (“Advance Date”).
Representations, Warranties and Covenants by the Borrower 3 Section 2.02.
The Borrower (%3) has had the opportunity to consult with legal counsel of its own choice and has been afforded an opportunity to review this Amendment with its legal counsel, (%3) has reviewed this Amendment and fully understands the effects thereof and all terms and provisions contained in this Amendment, and (%3) has executed this Amendment of its own free will and volition.
All repayments of the Total Outstandings made pursuant to this Section 1 shall be applied (1) first, to repay the principal on outstanding Loans of the Domestic Borrower, (2) second, to Cash Collateralize the L/C Obligations of the Domestic Borrower, (3) third, to repay the principal on outstanding Loans of the Canadian Borrower and (4) fourth, to Cash Collateralize the L/C Obligations and Acceptances of the Canadian Borrower.
Guarantor #1: Borrower #1: (Signature) (Signature) Date: Title: Date: Guarantor #2: Borrower #2: (Signature) (Signature) Date: Title: Date: Guarantor #3: Borrower #3: (Signature) (Signature) Date: Title: Date: Note: Both sections 49 (Personal Guaranty) and 50 (Certification and Signatures) must be signed and dated before a loan can be funded.
Schedule 5.13 accurately describes as of the Closing Date (1) the complete name of each Subsidiary of the Borrower, (2) the jurisdiction of incorporation or organization of each Subsidiary of the Borrower, (3) the ownership of all issued and outstanding Capital Stock of each Subsidiary of the Borrower and (4) whether such Subsidiary is a Material Subsidiary.
Both before and after giving effect to (1) the Loans and Letter of Credit Obligations to be made or extended on the Closing Date or such other date as Loans and Letter of Credit Obligations requested hereunder are made or extended, (2) the disbursement of the proceeds of such Loans pursuant to the instructions of Borrower, (3) the Refinancing and (4) the payment and accrual of all transaction costs in connection with the foregoing, Borrower is Solvent.
Such repayments shall be applied (1) first, to repay the principal on outstanding Loans of the Domestic Borrower, (2) second, to Cash Collateralize the L/C Obligations of the Domestic Borrower, (3) third, to repay the principal on outstanding Loans of the Canadian Borrower and (4) fourth, to Cash Collateralize the L/C Obligations and Acceptances of the Canadian Borrower.
Reference is also made to the $3,000,000 promissory note, dated August 29, 2000, payable to Junior Investor by the Borrower ("$3 million Note") and the $750,000 promissory note dated July 14, 2000, payable by Chem-Met the Junior Investor to (the "$750,000 Note") (as hereinafter from time to time amended, modified or supplemented in accordance with the provisions of Section 4, ("Junior Obligations").
Schedule 5.13 accurately describes as of the Closing Date (1) the complete name of each Subsidiary of Borrower, (2) the jurisdiction of incorporation or organization of each Subsidiary of Borrower, (3) the ownership of all issued and outstanding Capital Stock of each Subsidiary of Borrower and (4) whether such Subsidiary is a Material Subsidiary.