Borrower Constituent Documents definition

Borrower Constituent Documents means the Charter, the Management Agreement, the Bylaws, any PPM and the Subscription Agreements, including any Side Letters.
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Borrower Constituent Documents means, as to the Initial Borrower, its certificate of formation or articles of incorporation or association, as the case may be, and its limited liability company or by-laws, as applicable.
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Examples of Borrower Constituent Documents in a sentence

  • Certain defined terms hereunder are defined by cross reference to the Borrower Constituent Documents and certain provisions of this Credit Agreement and the other Loan Documents reference particular sections of the Borrower Constituent Documents.

  • With respect to any Borrower that joins the Credit Facility after the Closing Date in accordance with the terms hereof, such definitions and provisions with respect to such other Borrower shall be deemed to refer to the definitions and sections in such other Borrower’s Constituent Documents that correspond to the stated definitions and sections of the Borrower Constituent Documents.

  • The Initial Borrower shall not change its fiscal year without the prior written consent of the Administrative Agent, which consent shall not be unreasonably withheld, delayed or conditioned, or change its method of accounting other than in accordance with the terms of the Borrower Constituent Documents (so long as such method is based on GAAP) (and the Initial Borrower shall promptly notify the Administrative Agent in writing of such change).

  • Promptly with the delivery to all Investors, copies of any notice of default, notice of election or exercise of any rights or remedies under the Subscription Agreements, the Borrower Constituent Documents or the Constituent Documents of any Borrower Party, or any notices to all Investors relating in any way to Investors' Capital Commitments, and any notice to all Investors relating in any way to the misconduct of any Borrower Party.

  • During each calendar year commencing with the first full calendar year after the Final Closing Date (as defined in the applicable Borrower Constituent Documents), the Borrowers shall make at least one (1) Capital Call on the Investors in an amount determined by the Borrowers.

  • With respect to any Borrower that joins the Credit Facility after the Closing Date in accordance with the terms hereof, such definitions and provisions with respect to such other Borrower shall be deemed to refer to the definitions and sections in such other Borrower Constituent Documents that correspond to the stated definitions and sections of the Borrower Constituent Documents.

  • To the extent applicable, the Principal Obligations with respect to each Loan shall be due and payable on the earlier of (A) the Maturity Date; and (B) the date on which Loans must be repaid based on the date of incurrence pursuant to the Borrower Constituent Documents.

  • True and complete copies of each Borrower's --------------------- Certificate of Incorporation and By-laws, as in effect on the date hereof (collectively, the "Borrower Constituent Documents"), have been delivered to the Lender.

  • Construction............................................48 SCHEDULES AND EXHIBITS ---------------------- SCHEDULE 6.3 Litigation SCHEDULE 6.7(b)(i) Parent and Borrower Constituent Documents SCHEDULE 6.7.(b)(ii) Taxpayer Identification and State Organizational Numbers SCHEDULE 6.7.(b)(iii) Outstanding Options, Etc.

Related to Borrower Constituent Documents

  • Constituent Documents means with respect to any Person, as applicable, such Person’s certificate of incorporation, articles of incorporation, by-laws, certificate of formation, articles of organization, limited liability company agreement, management agreement, operating agreement, shareholder agreement, partnership agreement or similar document or agreement governing such Person’s existence, organization or management or concerning disposition of ownership interests of such Person or voting rights among such Person’s owners.

  • Borrower Documents shall have the meaning set forth in Section 6.06.

  • Credit Agreement Documents means the collective reference to any Credit Agreement, any notes issued pursuant thereto and the guarantees thereof, and the collateral documents relating thereto, as amended, supplemented, restated, renewed, refunded, replaced, restructured, repaid, refinanced or otherwise modified, in whole or in part, from time to time.

  • Financing Documents means collectively the documents evidencing Lenders’ commitment to finance the Project.

  • Charter Documents means, with respect to any entity, the certificate of incorporation, the articles of incorporation, by-laws, articles of organization, limited liability company agreement, partnership agreement, formation agreement, joint venture agreement or other similar organizational documents of such entity (in each case, as amended).

  • Constitutive Documents means the Trust Deed or such other documents as defined in the Regulations.

  • Operating Documents are, for any Person, such Person’s formation documents, as certified by the Secretary of State (or equivalent agency) of such Person’s jurisdiction of organization on a date that is no earlier than thirty (30) days prior to the Effective Date, and, (a) if such Person is a corporation, its bylaws in current form, (b) if such Person is a limited liability company, its limited liability company agreement (or similar agreement), and (c) if such Person is a partnership, its partnership agreement (or similar agreement), each of the foregoing with all current amendments or modifications thereto.

  • Borrower Loan Documents shall have the meaning given such term in the Borrower Loan Agreement.

  • Senior Loan Documents means the loan agreement between Borrower and Senior Creditor and any other agreement, security agreement, document, promissory note, UCC financing statement, or instrument executed by Borrower in favor of Senior Creditor pursuant to or in connection with the Senior Debt or the loan agreement, as the same may from time to time be amended, modified, supplemented, extended, renewed, restated or replaced.

  • Refinancing Documents means each of the agreements, documents and instruments entered into in connection with the Refinancing.

  • Parent Organizational Documents means Parent’s certificate of incorporation and Parent’s bylaws, in each case as they may be amended or amended and restated from time to time in accordance with the terms of this Agreement.

  • Company Charter Documents means the Company’s certificate of incorporation and bylaws, each as amended to the date of this Agreement.

  • Debt Financing Documents means the agreements, documents and certificates contemplated by the Debt Financing.

  • Subordinated Documents means the Subordinated Note and any and all other documents, agreements, writings or instruments executed in connection therewith or pursuant thereto, in each case, as in effect on the date hereof and as amended, modified, restated or Refinanced in accordance with the terms hereof.

  • Environmental Documents means, for any Person: (A) any and all documents received by the Person or its Subsidiaries from the United States Environmental Protection Agency (“EPA”) or any other Governmental Entity concerning the environmental condition of any property owned, leased or operated at any time by the Person or any Subsidiary of the Person, or the effect of the Person’s business operations or the business operations of any Subsidiary of the Person on the environmental condition of such property; (B) any and all documents submitted by the Person or any Subsidiary of the Person during the past five years to the EPA or any state, county or municipal environmental or health agency concerning the environmental condition of any property owned, leased or operated at any time by the Person or any Subsidiary of the Person, or the effect of the Person’s business operations or the business operations of any Subsidiary of the Person on the environmental condition of such property, and (C) any report, study, assessment, audit, or other similar document that addresses any issue of actual or potential noncompliance with, actual or potential liability under or cost arising out of, or actual or potential impact on business in connection with, any Environmental Law or any proposed or anticipated change in or addition to Environmental Law, that may in any way affect the Person or any entity for which it may be liable or any Subsidiary of the Person.

  • DIP Loan Documents means, collectively, the DIP Credit Agreement and all other agreements, documents, and instruments delivered or entered into in connection therewith, including any guarantee agreements, pledge and collateral agreements, intercreditor agreements, subordination agreements, fee letters, and other security documents.

  • Term Loan Documents means the “Loan Documents” as defined in the Term Loan Credit Agreement.

  • Operative Documents means the Purchase Agreement, the Indenture, the Trust Agreement, the Notes and the Trust Securities.

  • Merger Documents means, collectively, this Agreement, the Certificate of Merger, and all other agreements and documents entered into in connection with the Merger and the other transactions contemplated hereby.

  • Debt Documents means, collectively, the Credit Agreement, the Designated Indebtedness Documents, any Hedging Agreement evidencing or relating to any Hedging Agreement Obligations and the Security Documents.

  • Mezzanine Loan Documents means the “Loan Documents” as defined in the Mezzanine Loan Agreement.

  • Company Governing Documents means the Company Bylaws and the Company Certificate.

  • Loan Agreements means any other loan agreements entered into by and between the Trust and one or more of the Borrowers pursuant to which the Trust will make Loans to such Borrowers from moneys on deposit in the Project Fund, excluding the Project Loan Account, financed with the proceeds of the Trust Bonds.

  • Governing Documents means, with respect to any Person, the certificate or articles of incorporation, by-laws, or other organizational documents of such Person.

  • Borrower Pledge Agreement means the Pledge Agreement executed and delivered by the Borrower pursuant to Section 5.1.5, substantially in the form of Exhibit F-1 hereto, as amended, supplemented, restated or otherwise modified from time to time.

  • Second Lien Note Documents means the Second Lien Note Indenture, the Second Lien Notes, the Second Lien Security Documents and each other document, instrument or agreement relating to the issuance of the Second Lien Notes, as the same may be amended, restated, supplemented, waived and/or otherwise modified from time to time in accordance with the terms thereof, of this Agreement and of the Prepetition Intercreditor Agreement.