Fund Borrowers definition
Examples of Fund Borrowers in a sentence
Except as otherwise expressly set forth herein, notwithstanding the foregoing, for purposes of determining compliance with any covenant (including the computation of any financial covenant) contained herein, Indebtedness of the Fund Borrowers and their Subsidiaries shall be deemed to be carried at 100% of the outstanding principal amount thereof, and the effects of FASB ASC 825 and FASB ASC 470-2047 on financial liabilities shall be disregarded.
Any failure or inability of Administrative Agent to enforce one or more Fund Borrower’s obligations shall not in any way limit Administrative Agent’s right to enforce the obligations of the other Fund Borrowers.
If a Borrowing Base Deficiency would result from such General Excused Investment or Funding Excuse, the Fund Borrowers shall cure such Borrowing Base Deficiency prior to consenting to such General Excused Investment or Funding Excuse.
The average compensating balance maintained during 2012was $5,327,111.
The Lenders have been induced to make the Loans to, and the Letter of Credit Issuer has been induced to issue Letters of Credit for the account of, Fund Borrowers in part based upon the assurances by each Fund Borrower that each Fund Borrower desires that the Obligations of the Fund Borrowers be honored and enforced as separate obligations of each Fund Borrower, should Administrative Agent and the Lenders desire to do so.
Upon any change in the information set forth therein (in accordance with Section 10.01), and in connection with the joinder of additional Fund Borrowers pursuant to Section 7.04, the Fund Borrowers will deliver to Administrative Agent an updated Schedule 8.13.
Administrative Agent (on behalf of the Lenders) may exercise remedies against each Fund Borrower and its property separately, whether or not Administrative Agent exercises remedies against the other Fund Borrowers or their property.
The Fund Borrowers will keep proper books of record and account in which full, true and correct entries shall be made of all dealings and transactions in relation to its business and activities in accordance with applicable Law, including the Investment Company Act.
The payment and performance of the Obligations shall be fully recourse to the Fund Borrowers and their properties and assets.
The Borrowing Base Certificate, as it may be updated in writing from time to time by the Fund Borrowers, is true and correct in all material respects.