Borrower Contracts definition
Examples of Borrower Contracts in a sentence
The Information Certificate sets forth an accurate, complete and current list of all Material Borrower Contracts.
Borrower shall notify Lender of any (a) default or event of default under, (b) termination of (other than in accordance with its terms), or (c) failure of any party to renew, any of the Material Borrower Contracts (unless the default or event of default under, termination of or failure to renew, such contract, as the case may be, could not reasonably be expected to cause a Material Adverse Effect) as soon as reasonably possible.
There are no renegotiations of, attempts to renegotiate or outstanding rights to renegotiate any material amounts paid or payable under the Borrower Contracts with any Person having the contractual or statutory right to demand or require such renegotiation and no such Person has made written demand for such renegotiation.
The Borrower is not a party to or bound by any agreement, contract or instrument other than the Borrower Contracts, and, to the knowledge of the Borrower and the Sponsor, the Lessor is not a party to or bound by any agreement, contract or instrument other than the Operative Documents to which the Lessor is a party.
The officials of the Borrower executing the Borrower Contracts are duly and properly in office and are fully authorized and empowered to execute the same for and on behalf of the Borrower.
The Borrower is not a party to or bound by any contract, instrument, or agreement, or subject to any other restriction, that might materially and adversely affect the ability of the Borrower to perform its obligations under the Borrower Contracts or the transactions contemplated by the Borrower Contracts, except as disclosed in writing to the Lender.
The only Contracts to which Borrower is a party are the Transaction Documents and, as of the Effective Date, the Pre-Existing Capital Lease Agreement, as amended, and related Memorandum of Lease and UCC filings, and the SNDA and, as of the Closing Date, the LSB Documents (collectively, the “Borrower Contracts”) and correct and complete copies of all such Borrower Contracts have been provided to Buyer.
Enter into any Contractual Obligations other than (a) in the case of the Borrower, this Agreement and the other Loan Documents, the Borrower Contracts and the Operative Documents to which it is a party or to which it will become a party as a result of the Transfer, and (b) in the case of the Lessor, the Operative Documents to which it is a party.
The Administrative Agent shall have received true, correct and complete copies of the Borrower Contracts and the Operative Documents, certified as such by a Responsible Officer of the Borrower.
The consolidated earnings (or loss) from the operations of the Borrower and its Subsidiaries for any period (but excluding any extraordinary profits or losses), after all expenses and other proper charges but before payment or provision for any income taxes or interest expense for such period, determined in accordance with generally accepted accounting principles.