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.
The Borrower has delivered to the Administrative Agent copies of all Borrower Contracts, Operative Documents and Acquisition Documents, which copies are true, correct and complete in all material respects.
The Borrower Contracts are the valid, legal, binding, and enforceable obligations of the Borrower.
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.
There is no default, event of default, event of loss or force majeure event under any of the Borrower Contracts or the Operative Documents.
To the knowledge of the Borrower, after making due inquiry with respect thereto, the Borrower is not in default or violation in any material respect under any organic document or other agreement or instrument to which it is a party or by which it may be bound, which default or violation 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.
Attached hereto as Exhibit A-4 are true, correct and complete copies of each of the Acquisition Documents, the Borrower Contracts and the Operative Documents.
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.
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.