Borrower Document definition
Examples of Borrower Document in a sentence
In no event whatsoever shall any oral agreements, promises, actions, inactions, knowledge, course of conduct, course of dealing, or the like be effective to modify, terminate, extend, or otherwise amend any Borrower Document.
Further, the Borrower represents and warrants that it is not in default under the Original Loan Agreement or any Borrower Document, and no event of default which with the passage of time or the giving of notice would constitute a default under the Original Loan Agreement or Borrower Documents.
No delay or omission to exercise any right or power accruing under any Borrower Document upon the happening of any event set forth in Section 6.1 shall impair any such right or power or shall be construed to be a waiver of such event, but any such right and power may be exercised from time to time and as often as may be deemed expedient.
All statements contained in any Borrower Document, or in any certificate, financial statement or other instrument delivered by or on behalf of the Owner pursuant to or in connection with this Agreement (including but not limited to any such statement made in or in connection with any amendment hereto or thereto) shall constitute representations and warranties made under this Agreement.
Except as otherwise specifically provided in this Agreement or any other Borrower Document, all notices or communications hereunder or thereunder shall be in writing or by telephone, subsequently confirmed in writing.
The Borrower and the Guarantor hereby each irrevocably agrees that any legal suit, action or proceeding arising out of or relating to any of the Borrower Documents, or any of the transactions contemplated thereby, may be instituted by the other parties hereto or any party to any Borrower Document in the Courts of the State of New York or the Federal Courts sitting in the Borough of Manhattan, City of New York, State of New York.
In the event of any conflict between the terms and provisions contained in this Agreement and in any of the Borrower Documents, the terms and provisions of the applicable Borrower Document Agreement shall control.
However, if after giving effect to such interpretive guidelines a conflict still exists between the terms and provisions of this Agreement and any other Borrower Document, then this Agreement shall govern.
To the extent that the Borrower may hereafter be entitled, in any jurisdiction in which judicial or arbitral proceedings may at any time be commenced with respect to any Borrower Document, to claim for itself or its revenues or assets any such immunity, and to the extent that in any such jurisdiction there may be attributed to the Borrower such an immunity (whether or not claimed), the Borrower hereby irrevocably agrees not to claim and hereby irrevocably waives such immunity.
In respect of the Lux Borrower, an Applicable Foreign Borrower Document will have to be filed, registered, recorded or notarized only in case of an action before a court or an official Luxembourg authority (autorité constituée) in Luxembourg or if the relevant document(s) is referred to in the summons or tabled, in which case it may have to be registered together with a French or German translation.