Confirmation Request definition

Confirmation Request has the meaning given that term in Section 7.15(a).

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Confirmation Request shall have the meaning provided in Section 5.1.15 of this Agreement.

Confirmation Request shall have the meaning set forth in Section 3.11.

Examples of Confirmation Request in a sentence

• Promptly upon receipt of a Confirmation Request and all related Credit Underwriting Documents (collectively, each, an “Confirmation Request Package”), the Agent shall provide copies thereof to each Lender.

• If a Confirmation Request has been confirmed, the subject Property shall thereupon become a Borrowing Base Asset upon execution and delivery of all of the documents required to be provided under the immediately following subsection (c).

• If either (a) Lender delivers an Opt-Out Construction Notice to Tenant, as aforesaid, or (b) Lender does not deliver an Opt-In Construction Notice to Tenant by not later than thirty (30) days after receipt of Tenant's Construction Confirmation Request, then Lender shall not be obligated to perform the Construction Obligations in accordance with the terms and provisions of the Lease.

• For so long as the restriction prohibiting Tenant from leasing space in the Complex to a Competitor listed in EXHIBIT M hereto is in force and applicable, Tenant shall have the right, at any time and from time during the Lease Term, to request in writing of Landlord and BMC a determination as to whether the foregoing restriction remains in force and applicable (a "Restriction Confirmation Request").

• If a Confirmation Request has been confirmed, the subject asset shall thereupon become a Borrowing Base Asset hereunder.

• Together with the Confirmation Request, the Borrower Representative shall deliver to the Agent (x) a pro forma Borrowing Base Certificate, (y) the Borrowers’ credit write-up and approval memo relating to such prospective Borrowing Base Asset, if any, and (z) if requested by the Agent, an appraisal report relating to such prospective Borrowing Base Asset and such other documents as the Agent may reasonably request from time to time (collectively, the “Credit Underwriting Documents”).

• If the Agent does not respond to the Confirmation Request within the time period set forth herein, the Confirmation Request shall be deemed denied and the Property identified in the Confirmation Request shall not be included as a Borrowing Base Asset.

• In the event that the Lender does not deliver either an Opt-Out construction Notice or an Opt-In Construction Notice to the Tenant within said thirty (30) days after acquisition of title or possession, then Tenant may elect to deliver a written request (a "Construction Confirmation Request") to the Lender, requesting that Lender deliver either an Opt-Out Construction Notice or an Opt-In Construction Notice.

• Within thirty (30) calendar days after receipt of Tenant's Restriction Confirmation Request, Landlord or BMC shall notify Tenant as to whether the restriction set forth in EXHIBIT M hereto remains in force and applicable.

• If either (a) Lender delivers an Opt-Out Construction Notice to Tenant as aforesaid, or (b) Lender does not deliver an Opt-In Construction Notice to Tenant by not later than thirty (30) days after receipt of Tenant's Construction Confirmation Request, then Lender shall not be obligated to perform the Construction Obligations in accordance with the terms and provisions the Lease.

More Definitions of Confirmation Request

Confirmation Request shall have the meaning set forth in Section 3.11. Consolidated Cash Flow: for any period, the sum of (a) earnings before income taxes of Borrower and its Consolidated Subsidiaries for such period determined on a consolidated basis in accordance with GAAP (excluding, in the case of any non-Wholly Owned Consolidated Subsidiary, the portion of earnings attributable to holders of equity interests of such Consolidated Subsidiary, other than Borrower or a Consolidated Subsidiary), plus (b) amounts that have been deducted in the determination of such earnings before income taxes for such period for (i) Consolidated Interest Expense for such period, (ii) Depreciation for such period, (iii) Amortization for such period, and (iv) extraordinary non-cash losses for such period, minus (c) the amounts that have been included in the determination of such earnings before income taxes for such period for (i) one-time gains, (ii) extraordinary income, (iii) non-cash patronage income, and (iv) non-cash equity earnings in joint ventures.

Confirmation Request shall have the meaning ascribed to such term in Section 7.2(d) hereof. "Consent Solicitation Failure" shall have the meaning ascribed to such term in Section 3.2(b)(iii) hereof.

Confirmation Request means a written request of the respective German Borrower or the Agent (acting as agent of the respective German Borrower) to issue a Tax Confirmation which also includes a draft Tax Confirmation (filled in and including the list of security attached hereto) and an express confirmation in writing from the Company to the Lenders that (i) the draft Tax Confirmation (including the list of security attached hereto) is correct as of the date of the Confirmation Request and (ii) the Agent and each Lender is released from its obligation arising under applicable banking secrecy rules to keep data relating to any Obligor secret vis-à-vis any other person.

Confirmation Request means any request for Collateral Agent confirmation substantially in the form of Annex O.