Borrower Consultant definition

Borrower Consultant has the meaning specified in Section 6.10(c).
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Borrower Consultant shall have the meaning assigned to such term in Section 5.15.
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Borrower Consultant has the meaning set forth in Section 6.22. “Borrower Materials” has the meaning assigned to such term in Section 10.2(d)(i). “Business Day” means any day other than a Saturday, Sunday or other day on which commercial banks are authorized to close under the Laws of, or are in fact closed in, New York or the state where the Super Priority Agent’s Office is located. “Capital Expenditures” has the meaning set forth in Section 1.1 of the Existing Credit Agreement. “Cash Availability” means the aggregate amount of all cash and Cash Equivalents held in the Loan Parties’ deposit or other accounts (in each case other than any Cash Availability Excluded Amounts). “Cash Availability Excluded Amounts” means, without duplication, (a) cash and Cash Equivalents held in accounts that satisfy clause (b), clause (d) or clause (e) of the definition of “Excluded Accounts” and (b) cash and Cash Equivalents held in accounts of any Loan Party (that is not a wholly owned Subsidiary of the Borrower), to the extent that the declaration or payment of dividends or similar distributions by such Loan Party of such cash or Cash Equivalents (i) is not, as of the Closing Date, permitted by operation of 3 502181848 v5 1205867.00001
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Examples of Borrower Consultant in a sentence

  • No later than 4:00 pm Central Time on January 30, 2019 (or such later date as the Administrative Agent may agree in writing in its sole discretion), the Loan Parties shall deliver to the Administrative Agent an assessment of the Loan Parties’ revenue recognition policy and the impact it will have on accounts receivable balances to be prepared by the Borrower Consultant.

  • Lender shall have received such other written certifications from Borrower, Consultant, General Contractor, and an independent architect or engineer as Lender may reasonably require to assess the progress of construction on the Premises and compliance with the provisions of this Agreement.

  • The Borrower shall cause the Borrower Consultant to provide the Administrative Agent and the Lenders (x) from time to time, periodic reports with respect to its review to date and (y) on or before July 31, 2012, a written report with respect to its review.

  • Any fees and expenses incurred by the Borrower and paid or related to the Borrower Consultant may be treated as “non-recurring .

  • The Loan Parties shall provide the Administrative Agent every two (2) weeks an updated summary of actions the Loan Parties have taken to improve the receivables collection process, which updates shall be prepared by the Borrower Consultant, on behalf of the Loan Parties, and with the first such update to be delivered to the Administrative Agent on January 23, 2019, no later than 4:00 pm Central Time (or such later date as the Administrative Agent may agree in writing in its sole discretion).

Related to Borrower Consultant

  • Construction Consultant means a third-party architect or engineer selected and retained by Funding Lender, at the cost and expense of Borrower, to monitor the progress of construction and/or rehabilitation of the Project and to inspect the Improvements to confirm compliance with this Borrower Loan Agreement.

  • Disbursement Agent means Deutsche Bank National Trust Company, a national banking association, and its successors in interest, as disbursement agent under the Custodial and Disbursement Agreement, and any successor Disbursement Agent under the Custodial and Disbursement Agreement.

  • Borrower Representative has the meaning assigned to such term in Section 11.01.

  • Borrowers’ Agent means Xxxxx-Illinois General, Inc. pursuant to the appointment made by Borrowers in subsection 2.9E.

  • Casualty Consultant shall have the meaning set forth in Section 6.4(b)(iii) hereof.

  • Term Administrative Agent means Bank of America, N.A., in its capacity as agent for the “Secured Parties” under (and as defined in) the Term Credit Agreement, and its successors and assigns in such capacity.

  • Design Consultant means Design Consultant or Design Consultant's authorized representative.

  • Project Lender means a commercial bank, savings bank, savings and loan association, credit union or other financial institution that has loaned funds to the Developer to be used for construction of the Redevelopment Project and has secured such loan with a mortgage or security interest in the Redevelopment Project.

  • Lender has the meaning specified in the introductory paragraph hereto and, as the context requires, includes the Swing Line Lender.

  • Borrower as defined in the preamble hereto.

  • Independent Consultant means the independent individual, firm, or organization with which the SBA contracts to prepare the Premium Formula and any other actuarial services for the FHCF, as determined under the contract with the Consultant.

  • Risk Retention Consultation Party means each risk retention consultation party appointed pursuant to the Lead Securitization Servicing Agreement.

  • Environmental Consultant has the meaning set forth in Section 5.17(a).

  • Subconsultant means any person or entity to whom/which the Consultant subcontracts any part of the Services in accordance with the provisions of GCC Clause 50.

  • Authorized Borrower Representative means a person at the time designated and authorized to act on behalf of the Borrower by a written certificate furnished to the Governmental Lender, the Funding Lender and the Servicer and containing the specimen signature of such person and signed on behalf of the Borrower by its Borrower Controlling Entity which certificate may designate one or more alternates.

  • The Borrower has advised the Banks that the Borrower has entered into an Agreement and Plan of Merger and Reorganization, dated as of February 10, 2000 (the "Merger Agreement"), among the Borrower, Opticare Health Systems, Inc. (the "Parent"), and OC Acquisition Corp., a wholly-owned subsidiary of the Parent ("Merger Sub"), pursuant to which the parties intend to merge Merger Sub with and into the Borrower subject to the terms and conditions thereof which include, among other things, restructuring the Obligations owing to the Banks on terms and conditions mutually agreed upon by the Borrower and the Banks. While the Borrower and the Banks have initiated discussions and due diligence concerning the Merger and any proposed restructuring of the Obligations, the Borrower acknowledges that the Banks have not consented to the Merger nor have the Banks agreed to any terms and conditions relating to any restructuring of the Obligations. In the meantime, however, the Borrower intends to continue to sell the remaining physician practice management groups operated by the Borrower and its Subsidiaries (collectively being referred to herein as the "PPM Businesses") and use a portion of the proceeds from the sale of the PPM Businesses to meet its reasonable and necessary operating expenses. To afford the Borrower an opportunity to proceed with the transactions described above, the Borrower has requested that (i) the Banks extend the temporary waiver period provided for in Sections 2.1 and 2.2 of that certain Seventh Amendment and Waiver to Credit Agreement dated as of December 10, 1999, among the Borrower, the Banks, and the Agent (the "Seventh Amendment") (as further amended, in part, by a December 30, 1999, letter agreement, a February 29, 2000, letter agreement, a March 24, 2000, letter agreement, and an April 14, 2000, letter agreement, and a May 5, 2000, letter agreement, in each case between the Borrower, the Banks and the Agent) and, in addition, that the Banks temporarily waive any non-compliance by the Borrower as of December 31, 1999, and as of March 31, 2000, with Sections 8.8 (Total Funded Debt/Adjusted EBITDA Ratio), 8.10 (Interest Coverage Ratio), and 8.11 (Debt Service Coverage Ratio) of the Credit Agreement and the Borrower's non-compliance with Section 8.5(b) of the Credit Agreement with respect to the timely delivery of the Borrower's March 31, 2000, financial statements, in each case to the earlier of June 2, 2000, or the termination of the Merger Agreement pursuant to its terms (the earlier of such dates being referred to herein as the "Waiver Termination Date"), (ii) Bank of Montreal extend the Bridge Loan Period from May 19, 2000, to the Waiver Termination Date, and (iii) postpone the due date for the payment of principal, interest and unused commitment fees otherwise due on or before May 19, 2000, to the Waiver Termination Date. By signing below, the Banks (including Bank of Montreal with respect to the Bridge Loan Commitment) hereby agree to extend the waiver period provided in Sections 2.1 and 2.2 of the Seventh Amendment from May 19, 2000, to the Waiver Termination Date, temporarily waive any non-compliance by the Borrower as of December 31, 1999, and March 31, 2000, with Sections 8.8 (Total Funded Debt/Adjusted EBITDA Ratio), 8.10 (Interest Coverage Ratio), and 8.11 (Debt Service Coverage Ratio) of the Credit Agreement and the Borrower's non-compliance with Section 8.5(b) of the Credit Agreement with respect to the timely delivery of the Borrower's March 31, 2000, financial statements through the period ending on the Waiver Termination Date, agree to extend the Bridge Loan Period to the Waiver Termination Date, and agree to postpone the due date for the payment of principal, interest, and unused commitment fees otherwise due on or before May 19, 2000, to the Waiver Termination Date, provided that:

  • Committed Lender means, as to any Lender Group, each of the financial institutions listed on Schedule I as a “Committed Lender” for such Lender Group, together with its respective successors and permitted assigns.

  • Lender Parent means, with respect to any Lender, any Person as to which such Lender is, directly or indirectly, a subsidiary.

  • Term Loan Administrative Agent means Bank of America, in its capacity as administrative agent under the Term Loan Credit Agreement, and its successors and assigns in such capacity.

  • Management Agent means the property management company which oversees the property management functions for the Apartment Housing and which is on-site at the Apartment Housing. The initial Management Agent shall be Xxxxxxxx Valley Management, Inc.

  • VA Approved Lender means a lender which is approved by the VA to act as a lender in connection with the origination of VA Loans.

  • Approved Lender is defined in Section 12.1.