Examples of Construction Receiver in a sentence
All obligations of the Construction Receiver, whether on behalf of UC Leslieville or its own behalf, under or in connection with the Credit Facility established under this Agreement and the other Loan Documents are undertaken by Xxxxxxx & Marsal Canada Inc.
Notwithstanding anything to the contrary in this Agreement, the execution and delivery of this Agreement by the Construction Receiver and its obligations hereunder are subject to and conditional upon the granting of the Settlement Approval Order, the “Effective Date” (as defined therein) having occurred and such order becoming final and non-appealable and if such order is appealed, such appeal is withdrawn or determined in favour of the Construction Receiver.
Notwithstanding any other provision of this Credit Agreement or any other agreement by or among the Construction Receiver and the Lender, Xxxxxxx & Marsal Canada Inc.
Each determination by the Administrative Agent of the Prime Rate applicable from time to time will, in the absence of manifest error, be binding upon the Construction Receiver.
If the making of any payment by the Construction Receiver would result in a payment being made that is in excess of such amount or rate, the Lender will determine the payment or payments that are to be reduced or refunded, as the case may be, so that such result does not occur.
The Administrative Agent and the Lenders may share among themselves any information they may have from time to time concerning the Construction Receiver whether or not such information is confidential; but shall have no obligation to do so (except for any obligations of the Administrative Agent to provide information to the extent required in this Agreement).
If the making of any payment by the Construction Receiver would result in a payment being made that is in excess of such amount or rate, the particular Lender will determine the payment or payments that are to be reduced or refunded, as the case may be, so that such result does not occur.
All payments of principal, interest, fees and other amounts to be made by the Construction Receiver to the Lender pursuant to this Agreement will be made in the currency in which the Loan is outstanding for value on the day such amount(s) are distributed by the Construction Receiver in accordance with the Settlement Approval Order, by payment thereof to the Lender at the Lender’s Office or at such other place and by such other method as the Construction Receiver and the Lender may from time to time agree.
Until the occurrence of an Event of Default, unless specifically specified otherwise herein, in respect of the exercise of any discretion or the giving of any consents or approval under this Agreement, the Lender shall act in a reasonable and timely manner, bearing in mind the scope, magnitude and complexity of the Leslieville Project and the financial and development expertise of the Construction Receiver.
No amendment to this Agreement will be valid or binding unless set forth in writing and duly executed by the Construction Receiver and the Lender.