Borrower Certifications and Covenants definition

Borrower Certifications and Covenants means borrower certifications and covenants, in substantially the form of the Borrower Certifications and Covenants for the Main Street New Loan Facility, Borrower Certifications and Covenants for the Main Street Priority Loan Facility or Borrower Certifications and Covenants for the Main Street Expanded Loan Facility, as applicable, published as of May 27, 2020 on the Federal Reserve Bank of Boston’s Website, or any other form approved by Buyer, which has been executed by Xxxxxxxx in respect of the Loans.
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Borrower Certifications and Covenants means borrower certifications and covenants, in substantially the form of the Borrower Certifications and Covenants for the Main Street New Loan Facility, Borrower Certifications and Covenants for the Main Street Priority Loan Facility, Borrower Certifications and Covenants for the Main Street Expanded Loan Facility, Borrower Certifications and Covenants for the Nonprofit Organization New Loan Facility, or Borrower Certifications and Covenants for the Nonprofit Organization Expanded Loan Facility, as applicable, most recently published on the Federal Reserve Bank of Boston’s Website as of the Participation Date, or any other form approved by MS Facilities LLC (as indicated on the Federal Reserve Bank of Boston’s Website), which has been executed by Borrower in respect of the Main Street Term Loans.
Sample 1
Borrower Certifications and Covenants means borrower certifications and covenants, in substantially the form of the Borrower Certifications and Covenants for the Main Street Expanded Loan Facility, published as of June 11, 2020 or such later date prior to the Third Amendment Effective Date on the Federal Reserve Bank of Boston’s Website, or any other form approved by the SPV, which has been executed by the U.S. Borrower in respect of the Third Amendment Incremental Term Loans.
Sample 1

Examples of Borrower Certifications and Covenants in a sentence

  • If a potential borrower (or its affiliate) does not yet have audited financial statements or annual receipts for 2019, the borrower (or its affiliate) should use its most recent audited financial statements or annual receipts.Please see question H.10 with regard to financial records required for other Borrower Certifications and Covenants.

  • The Lender is not expected to monitor the Borrower’s ongoing compliance with covenants set out in the Borrower Certifications and Covenants, but is expected to promptly notify the SPV and the Reserve Bank if the Lender becomes aware of a Borrower’s material breach of such covenants as a result of the Borrower self-reporting.

  • References to the Borrower Certifications and Covenants throughout the Lender Transaction Specific Certifications and Covenants should be read to include each co-borrower’s Borrower Certifications and Covenants.

  • The Lender must certify that the Borrower has delivered to the Lender the Borrower Certifications and Covenants, signed by the persons identified as the signatories thereof.

  • Each co-borrower must submit its own Borrower Certifications and Covenants.

  • The payment of accrued interest on such prepaid amounts and interest rate breakage costs (if any) on such prepaid amounts shall be permitted.2.M. Material Breach of Certain Borrower Certifications and Covenants.

  • Each participating borrower must submit signed Borrower Certifications and Covenants in connection with the Main Street Loan.

  • Each co- borrower must submit its own Borrower Certifications and Covenants.

  • The Borrower must certify that, after reasonable, good faith diligence, it has no reason to believe it is an Ineligible Business.• For purposes of the Borrower Certifications and Covenants, an “Ineligible Business” means a business of any of the types listed in 13 CFR 120.110(b)-(j), (m)-(s), as modified and clarified by Small Business Administration (“SBA”) regulations for purposes of the Paycheck Protection Program (“PPP”) on or before April 24, 2020.

  • The Lender must certify that, if the Upsized Tranche is unsecured, then, following Due Inquiry with Respect to Liens and otherwise solely in reliance on the Borrower Certifications and Covenants delivered by the Borrower to the Lender, the Lender has no knowledge or reason to believe that the Borrower’s other Loans or Debt Instruments (other than Mortgage Debt) are secured at the time of origination of the Upsized Tranche.


More Definitions of Borrower Certifications and Covenants

Borrower Certifications and Covenants means borrower certifications and covenants, in substantially the form of the Borrower Certifications and Covenants for the Main Street New Loan Facility, Borrower Certifications and Covenants for the Main Street Priority Loan Facility, Borrower Certifications and Covenants for the Main Street Expanded Loan Facility, Borrower Certifications and Covenants for the Nonprofit Organization New Loan Facility, or Borrower Certifications and Covenants for the Main StreetNonprofit Organization Expanded Loan Facility, as applicable, most recently published on the Federal Reserve Bank of Boston’s Website as of the Participation Date, or any other form approved by MS Facilities LLC, (as indicated on the Federal Reserve Bank of Boston’s Website), which has been executed by Borrower in respect of the Main Street Term Loans.
Sample 1
Borrower Certifications and Covenants means borrower certifications and covenants, in substantially the form of the Borrower Certifications and Covenants for the Main Street New Loan Facility, Borrower Certifications and Covenants for the Main Street Priority Loan Facility, Borrower Certifications and Covenants for the Main Street Expanded Loan Facility, Borrower Certifications and Covenants for the Nonprofit Organization New Loan Facility, or Borrower Certifications and Covenants for the Main StreetNonprofit Organization Expanded Loan Facility, as applicable, most recently published on the Federal Reserve Bank of Boston’s Website as of the Agreement Date, or any other form approved by Buyer, (as indicated on the Federal Reserve Bank of Boston’s Website), which has been executed by Borrower in respect of the Loans.
Sample 1

Related to Borrower Certifications and Covenants

  • Perfection Representations means the representations, warranties and covenants set forth in Schedule 1 attached hereto.

  • Servicer Certification As defined in Section 3.22(b) hereof.

  • Responsible Officer Certification means, with respect to the financial statements for which such certification is required, the certification of a Responsible Officer of the Borrower that such financial statements fairly present, in all material respects, in accordance with GAAP, the consolidated financial condition of the Borrower as at the dates indicated and its consolidated income and cash flows for the periods indicated, subject to changes resulting from audit and normal year-end adjustments.

  • Master Servicer Certification A written certification covering servicing of the Mortgage Loans by all Servicers and signed by an officer of the Master Servicer that complies with (i) the Xxxxxxxx-Xxxxx Act of 2002, as amended from time to time, and (ii) the February 21, 2003 Statement by the Staff of the Division of Corporation Finance of the Securities and Exchange Commission Regarding Compliance by Asset-Backed Issuers with Exchange Act Rules 13a-14 and 15d-14, as in effect from time to time; provided that if, after the Closing Date (a) the Xxxxxxxx-Xxxxx Act of 2002 is amended, (b) the Statement referred to in clause (ii) is modified or superceded by any subsequent statement, rule or regulation of the Securities and Exchange Commission or any statement of a division thereof, or (c) any future releases, rules and regulations are published by the Securities and Exchange Commission from time to time pursuant to the Xxxxxxxx-Xxxxx Act of 2002, which in any such case affects the form or substance of the required certification and results in the required certification being, in the reasonable judgment of the Master Servicer, materially more onerous than the form of the required certification as of the Closing Date, the Master Servicer Certification shall be as agreed to by the Master Servicer, the Depositor and the Seller following a negotiation in good faith to determine how to comply with any such new requirements.

  • Covenant Compliance Certificate means a properly completed and executed Covenant Compliance Certificate substantially in the form of Exhibit X hereto.

  • Specified Acquisition Agreement Representations means such of the representations and warranties in the Acquisition Agreement made by the Acquired Company with respect to the Acquired Company and its subsidiaries as are material to the interests of the Lenders, but only to the extent that the Borrower (and/or its applicable Affiliate) has the right to terminate its and/or such Affiliate’s obligations under the Acquisition Agreement as a result of a breach of such representations in the Acquisition Agreement.

  • Tax Compliance Certificate as defined in Section 5.9.2(b)(iii).

  • U.S. Tax Compliance Certificate has the meaning specified in Section 3.01(e)(ii)(B)(III).

  • Income Certification means a Tenant Income Certification and a Tenant Income Certification Questionnaire in the form attached as Exhibit B hereto or in such other comparable form as may be provided by the Issuer to the Owner, or as otherwise approved by the Issuer.

  • Additional Lender Certificate has the meaning assigned to such term in Section 2.06(c)(ii)(F).

  • CEC Certification and Verification means that the CEC has certified (or, with respect to periods before the Project has commenced commercial operation (as such term is defined by and according to the CEC), that the CEC has pre-certified) that the Project is an ERR for purposes of the California Renewables Portfolio Standard and that all Energy produced by the Project qualifies as generation from an ERR for purposes of the Project.

  • Certification Parties As defined in Section 11.09.

  • Borrower Agreement shall have the meaning provided such term in Section 3(a) hereof.

  • Compliance Certificate means a certificate substantially in the form of Exhibit D.

  • Pro Forma Compliance Certificate means a certificate of a Responsible Officer of the Borrower containing reasonably detailed calculations of the financial covenants set forth in Section 8.11 recomputed as of the end of the period of the four fiscal quarters most recently ended for which the Borrower has delivered financial statements pursuant to Section 7.01(a) or (b) after giving effect to the applicable transaction on a Pro Forma Basis.

  • Discharge Monitoring Report or "DMR" means the EPA uniform national form, including any subsequent additions, revisions, or modifications, for the reporting of self-monitoring results by permittees.

  • Original Borrower shall have the meaning set forth in the recitals hereto.

  • Additional Borrower means a company which becomes an Additional Borrower in accordance with Clause 25 (Changes to the Obligors).

  • Sarbanes-Oxley Certification As defined in Section 11.05.

  • Lender Presentation means the Lender Presentation dated July 12, 2016, relating to the Credit Facilities and the Transactions.

  • Acquisition Agreement Representations means the representations and warranties with respect to the Companies made by the Seller in the Acquisition Agreement to the extent a breach of such representations and warranties is material to the interests of the Lenders, but only to the extent that the Borrower or its Affiliates have the right to terminate its or their obligations under the Acquisition Agreement (or decline to consummate the Rockwood Acquisition) as a result of a breach of such representations in the Acquisition Agreement.

  • Borrowing Certificate means a Borrowing Certificate substantially in the form of Exhibit A.

  • Continuing Disclosure Undertaking means the Continuing Disclosure Undertaking of the Issuer, in substantially the form attached hereto as Exhibit 1, dated the Closing Date, for the purpose of providing continuing disclosure information under Rule 15c2-12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as may be amended from time to time.

  • Borrower Loan Agreement means the Borrower Loan Agreement, of even date herewith, between the Governmental Lender and the Borrower, as supplemented, amended or replaced from time to time in accordance with its terms.

  • CREFC® Reconciliation of Funds Report A monthly report substantially in the form of, and containing the information called for in, the downloadable form of the “Reconciliation of Funds Report” available as of the Closing Date on the CREFC® Website or in such other form for the presentation of such information and containing such additional information as may from time to time be recommended by the CREFC® for commercial mortgage-backed securities transactions generally; provided that, to the extent that such other form contemplates such additional information, such other form must be reasonably acceptable to the Certificate Administrator.

  • Financial Officer Certification means, with respect to the financial statements for which such certification is required, the certification of the chief financial officer of Company that such financial statements fairly present, in all material respects, the financial condition of Company and its Subsidiaries as at the dates indicated and the results of their operations and their cash flows for the periods indicated, subject to changes resulting from audit and normal year-end adjustments.