Examples of Borrowing Base Loan Parties in a sentence
Base Party to a supplier, vendor or other Person, whether for cash, credit or otherwise, unless (a) such return is in the Ordinary Course of Business; (b) no Default or Overadvance exists or would result therefrom; and (c) the Administrative Agent is promptly notified if the aggregate Value of all Inventory returned in any month by the Borrowing Base Loan Parties exceeds $7,500,000.
Not return any Inventory of a Borrowing Base Party to a supplier, vendor or other Person, whether for cash, credit or otherwise, unless (a) such return is in the Ordinary Course of Business; (b) no Default or Overadvance exists or would result therefrom; and (c) the Administrative Agent is promptly notified if the aggregate Value of all Inventory returned in any month by the Borrowing Base Loan Parties exceeds $7,500,000.
The Borrowing Base Loan Parties shall, within ten (10) Business Days after the end of each fiscal quarter of the Parent ending on or after the Borrowing Base Value Adjustment Date, deliver to the Administrative Agent a Valuation Report, dated as of a date no earlier than ten (10) days prior to the date of such delivery, with respect to each Investment Property included in the calculation of the Borrowing Base Amount at such time.
On the Effective Date and after giving effect to the Loans occurring on the Effective Date or such other date as Loans requested hereunder are made, and the disbursement of the proceeds of such Loans pursuant to the Borrower’s instructions, the Borrowing Base Loan Parties are and will be Solvent on a consolidated basis.
As to each Rental Tool that is identified by the Domestic Borrowing Base Loan Parties and the Canadian Borrowing Base Loan Parties as Eligible Rental Tools in a Borrowing Base Certificate submitted to Agent, such Rental Tool is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than any Agent-discretionary criteria) set forth in the definition of Eligible Rental Tools.
The proceeds of the Loans will be used only (a) to purchase or lease Real Property or other assets pursuant to investment guidelines of the REIT, (b) for operating expenses, capital improvements, equity investments, acquisitions, repayments of indebtedness working capital and debt service for the Borrowing Base Loan Parties and their subsidiaries and (c) for other general corporate purposes.
Attached hereto as Schedule 3.24 is a schedule of all Deposit Accounts and Securities Accounts maintained by the Ultimate Parent, the Borrower and the Borrowing Base Loan Parties as of the Closing Date.
None of the Borrowing Base Loan Parties or any of their respective subsidiaries have issued any unregistered securities in violation of the registration requirements of Section 5 of the Securities Act of 1933 (as amended from time to time) or any other law, nor are they in violation of any rule, regulation or requirement under such act, or the Securities Exchange Act of 1934 (as amended from time to time) other than violations which could not reasonably be expected to have a Material Adverse Effect.
As to each item of Inventory that is identified by the Borrowing Base Loan Parties as Eligible Finished Goods Inventory or Eligible Work-in-Process Inventory in a Borrowing Base Certificate submitted to Agent, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than any Agent-discretionary criteria) set forth in the definition of Eligible Inventory.
The Borrower will, and will cause each of the other Borrowing Base Loan Parties to, promptly upon request by the Administrative Agent or the Required Lenders, execute any and all further documents, agreements and instruments, and take all such further actions which may be required under any Applicable Law, or which either the Administrative Agent or the Required Lenders may reasonably request, to effectuate the Transactions, the reasonable expenses of which shall be paid by the Borrower.