Continuing Borrower definition

Continuing Borrower means an Existing Borrower that will be a Borrower on the Amendment Effective Date, (vi) “New Borrower” means a Series Borrower acting on behalf of and for the account of a New Fund, and (vii) “Amendment Borrowers” means each Continuing Borrower and each New Borrower.

Continuing Borrower means an Existing Borrower that is an Amendment Borrower.

Continuing Borrower means an Existing Borrower that will be a Borrower on the Amendment Effective Date, (vii) “Departing Borrower” means an Existing Borrower other than a Continuing Borrower, (viii) “New Borrower” means a Borrower (other than an Existing Borrower) on the Amendment Effective Date, and (ix) “Amendment Borrowers” means each Continuing Borrower and each New Borrower.

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.

• 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.

• The obligations of the Continuing Borrower and the New Borrower under this Section 5(b) shall survive the repayment of all amounts owing to the Lenders, the LC Issuing Banks, and the Administrative Agent under the Credit Agreement (as amended hereby) and the termination of the Commitments.

• The Continuing Borrower and the New Borrower also agree not to assert any claim against any Lender, any LC Issuing Bank, any of such Lender's or such LC Issuing Bank's affiliates, or any of their respective directors, officers, employees, attorneys and agents, on any theory of liability, for special, indirect, consequential or punitive damages arising out of or otherwise relating to this Agreement or any of the transactions contemplated herein.

• 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 scheme will only come into force if a response rate of 40% of properties affected or above is achieved, and that the majority of those properties that have responded are in support of the introduction of a verge and pavement parking ban for their area.

• If and to the extent that the obligations of the Borrower under this Section 5(b) are unenforceable for any reason, the Continuing Borrower and the New Borrower jointly and severally agree to make the maximum contribution to the payment and satisfaction thereof which is permissible under applicable law.

• 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.

• 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).