Examples of Continuing Borrower in a sentence
Continuing Borrower hereby represents and warrants that the information set forth on the attached Schedules is true and correct as of the date of this Agreement.
As a condition precedent to Lender’s agreement to enter into this Amendment, and in order for this Amendment to be effective, Continuing Borrower shall revise, update and deliver to Lender all Schedules to the Loan Agreement to (a) reflect updated and accurate information with respect to Continuing Borrower, and (b) to update all other information as necessary to make the Schedules previously delivered correct.
No modification, amendment or waiver of any provision of this Agreement, nor consent to any departure by the New Borrower or the Continuing Borrower herefrom, shall be effective unless effected in accordance with Section 8.01 of the Credit Agreement.
Lender, Continuing Borrower and Withdrawing Borrower agree that Withdrawing Borrower shall no longer be party to the Loan Agreement or the other Loan Documents and will not be bound by any of the conditions, covenants, representations, warranties and other agreements set forth in the Loan Agreement and other Loan Documents.
Any breach by the Continuing Borrower or the New Borrower of any of the representations and warranties set forth in Section 3 of this Agreement shall constitute a default under Section 6.01(b) of the Credit Agreement (as hereby amended).
Lender, Continuing Borrower and Withdrawing Borrower agree that Withdrawing Borrower shall no longer be party to the Loan Agreement or the other Loan Documents and will not be bound by any of the conditions, covenants, representations, warranties and other agreements set forth in the Loan Agreement.
Any invoices to the Continuing Borrower and the New Borrower with respect to the aforementioned expenses shall describe such costs and expenses in reasonable detail.
The signatories hereto acknowledge that the Funds and Portfolios listed on Annex I under the heading "Continuing Borrower Parties" will continue as parties hereto and the Fund and Portfolio listed on Annex I under the heading "Non-Continuing Borrower Parties" will no longer be party hereto.
The Continuing Borrower hereby represents and warrants to the Administrative Agent, each Lender and each LC Issuing Bank that it has no offsets, counterclaims or defenses against the Administrative Agent, any Lender or any LC Issuing Bank.
In addition, Continuing Borrower shall be responsible for the payment of all costs of Lender incurred in connection with the preparation of this Amendment, including all reasonable fees of Lender’s in-house counsel.