Each Participant definition
Examples of Each Participant in a sentence
Each Participant shall have a right of set-off in respect of its participating interest to the same extent as if such interest were owing directly to a Lender, and each Lender shall also retain the right of set-off with respect to any participating interests sold by it.
Each Participant that is a state or national bank represents and warrants that the act of entering into and performing its obligations under this Agreement has been approved by its board of directors or its loan committee and such action was duly noted in the written minutes of the meeting of such board or committee, and that it will, if requested to do so by Administrative Agent, furnish Administrative Agent with a certified copy of such minutes or an excerpt therefrom reflecting such approval.
Each Participant represents and warrants that it has obtained such information as it deems necessary (including any information such Participant independently obtained from Borrower or others) prior to making its decision to acquire a Participant Share in the Loan.
Each Participant represents that it has acquired and is retaining its Participant Share for its own account in the ordinary course of its banking or other commercial lending business, or as part of such Participant’s individual investment portfolio, and not with a view to the sale or distribution thereof.
Each Participant hereby agrees and stipulates that none of the aforenamed parties is acting as trustee for such Participant with respect to the Loan, this Agreement, or any aspect of either, or in any other respect.
Each Participant further agrees and represents that it has made its own independent analysis and appraisal of, and investigation into, the Borrower’s authority, business, operations, financial and other condition, creditworthiness, and ability to perform its obligations under the Loan Documents and has relied on such review in making its decision to acquire an Participant Share in the Loan.
Each Participant agrees and represents that in making its decision to acquire a Participant Share independently and without reliance on Administrative Agent-Servicer, it has relied upon its independent review of (a) the Loan Documents, and (b) any information regarding Borrower that it has obtained independently and without reliance on the Administrative Agent-Servicer.
Each Participant may appoint one or more alternates to act in the absence of a regular member.
Each Participant agrees to be subject to the provisions of Section 2.19 as if it were an assignee under paragraph (b) of this Section 9.04.
Each Participant shall have the status of a general creditor of the Company with respect to amounts due, if any, under this Agreement.