Examples of Borrowing Fund in a sentence
No Borrowing Fund shall use proceeds of its Loans for any purpose that is not permitted under the relevant Fund Statement and Prospectus.
In no event shall the Trust request any Loan which, if advanced, would cause the aggregate principal amount of all Loans outstanding to exceed the applicable Borrowing Fund Limit or Maximum Amount.
Before and after giving effect to such Loan, or any portion thereof, no Default or Event of Default with respect to the requesting Borrowing Fund or the Trust shall have occurred and be continuing.
The Bank shall have received (A) this Agreement fully executed, (B) a fully executed Note by the Trust on behalf of each Borrowing Fund, (C) a fully executed Pledge and Security Agreement and (D) a fully executed Securities Account Control Agreement.
To the extent applicable, the Trust shall have delivered to the Bank as a supplement to Form U-1 a current list of the assets of such Borrowing Fund which adequately supports the credit extended under this Agreement to such Borrowing Fund.
Before and after giving effect to such Loan or any portion thereof, the representations and warranties of such Borrowing Fund and the Trust in respect of itself and such Borrowing Fund set forth herein and in the other Loan Documents shall be true and correct in all material respects (except for each representation and warranty qualified by materiality in which case shall be true and correct in all respects) as though made on the date of such Loan.
There shall have been no material adverse change in the business or financial condition of the Trust or the requesting Borrowing Fund or in the validity or enforceability or priority of any Liens granted to the Bank under the Loan Documents, in each case, since the Effective Date.
If the aggregate amount of Loans made to any Borrowing Fund hereunder and outstanding at any one time exceeds either of such limits, then such Borrowing Fund shall, within five (5) days thereof, repay a sufficient amount of the Loans to bring the outstanding Loan amount within such limits.
Each Borrowing Fund further agrees to defend, indemnify and hold the Bank harmless from any liability, obligation, cost, damage, or expense, including reasonable attorneys’ fees and legal expenses for taxes, fees or third party claims which may arise or be related to the execution, delivery or performance of this Agreement or any of the other Loan Documents by or on behalf of such Borrowing Fund, except in the case of gross negligence or willful misconduct on the part of the Bank.
This Agreement does not establish a commitment or obligation of the Bank to lend money to any Borrowing Fund hereunder.