Lender Group Member definition

Lender Group Member has the meaning specified in Section 9.16.
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Lender Group Member means any of, each of which is an institutional “accredited investor” that meet the criteria set forth in Rule 501(a)(1), (2), (3) or (7) of Regulation D under the U.S. Securities Act of 1933, as amended, and is acquiring the Securities for investment purposes, and not with a view to resale, or other distribution in violation of applicable securities laws, (i) Tenor Special Situation I, LLC or any affiliate or subsidiary of Tenor Special Situation I, LLC; (ii) any fund or account managed by the Lender or any affiliate or subsidiary or any managed account or other similar investment vehicle to which the Lender or such affiliate or subsidiary is an investment advisor; or (iii) any fund or account managed by Tenor Capital Management Company LLC or any affiliate or subsidiary of Tenor Capital Management Company LLC, or any managed account or other similar investment vehicle to which Tenor Capital Management Company LLC or such affiliate or subsidiary is an investment advisor, in each case, wherever incorporated or otherwise formed.
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Lender Group Member a Person who is a member of the Lender Group. Lender Indemnitees - each Lender in its capacity as a lender under this Agreement and its present and future officers, directors and agents. Lenders - each of the financial institutions listed on the signature pages hereof, together with their respective successors and permitted assigns pursuant to Section 14.1 hereof, including Wachovia as the provider of Settlement Loans.
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Examples of Lender Group Member in a sentence

  • Each Loan Party agrees that nothing in the Loan Documents or otherwise will be deemed to create an advisory, fiduciary or agency relationship or fiduciary or other implied duty between any Lender Group Member, on the one hand, and such Loan Party, its stockholders or its affiliates, on the other.

  • Each Loan Party agrees that it will not claim that any Lender Group Member has rendered advisory services of any nature or respect, or owes a fiduciary or similar duty to such Loan Party, in connection with such transaction or the process leading thereto.

  • A certificate setting forth in reasonable detail the amount of such increased costs or reduced amounts and the basis for determination of such amount, submitted by such Bank or such Lender Group Member to Borrower, shall, in the absence of manifest error, be conclusive and binding on Borrower for purposes of this Agreement.

  • Each of Administrative Agent, any Bank and any Lender Group Member shall not be required to keep informed as to the performance or observance by any Equity Party, Borrower, any other Credit Party or any of their Affiliates under this Agreement or any other document referred to or provided for herein or to make inquiry of, or to inspect the properties or books of, any Equity Party, Borrower, any other Credit Party or any of their Affiliates.

  • If the forms or other documentation required by Section 2.5 are not delivered to the applicable Lender Group Agent, then such Lender Group Agent may withhold from any interest payment to any Related Bank or any CP Conduit that is a Lender Group Member of its Lender Group not providing such forms or other documentation, an amount equivalent to the applicable withholding tax.

  • He practiced as a lawyer in his hometown of Natal, where he also entered politics as a councilman in 1954.

  • Administrative Agent is hereby authorized by the Banks and the Lender Groups (and the Lender Group Members) to execute, deliver and perform each of the Credit Documents to which Administrative Agent is or is intended to be a party and each Bank and each Lender Group (and each Lender Group Member) agrees to be bound by all of the agreements of Administrative Agent contained in the Credit Documents.

  • No change shall have been adopted, since the date on which this Agreement was executed and delivered, in any tax law or tax regulation or judicial interpretation thereof that would subject Administrative Agent, any Bank or any Lender Group Member to any material unreimbursed Tax or Other Tax (other than Taxes or Other Taxes for which Borrower is not required to indemnify such Lender Group Member pursuant to Section 2.5.4).

  • For purposes of this Section 2.8, with respect to each LIBOR Loan that is or is to be a CP Conduit Funded LIBOR Construction Loan, each Lender Group Member shall be deemed to have costs and losses equal to costs and losses that would have been incurred by such Lender Group Member had it been a Bank.

  • Agent does not make to any Lender Group Member, and no Lender Group Member makes to Agent or the other Lender Group Member, any express or implied warranty, representation or guarantee with respect to the Revolver Loans, the Collateral, the Credit Documents or any Obligor.


More Definitions of Lender Group Member

Lender Group Member a Person who is a member of the Lender Group.
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Related to Lender Group Member

  • Lender Group means, individually and collectively, each of the Lenders (including the Issuing Lender) and Agent.

  • Borrower Party means the Mortgage Loan Borrower, a manager of the Mortgaged Property, an Accelerated Mezzanine Loan Lender or any Borrower Party Affiliate.

  • Credit Party means the Administrative Agent, the Issuing Bank, the Swingline Lender or any other Lender.

  • Borrower as defined in the preamble hereto.

  • Loan Party means the Borrower and each Guarantor.

  • Borrower Group has the meaning provided in Section 10(c) hereof.

  • Borrower Party Affiliate means, with respect to the Mortgage Loan Borrower, a manager of the Mortgaged Property or an Accelerated Mezzanine Loan Lender, (a) any other Person controlling or controlled by or under common control with such Mortgage Loan Borrower, manager or Accelerated Mezzanine Loan Lender, as applicable, or (b) any other Person owning, directly or indirectly, 25% or more of the beneficial interests in such Mortgage Loan Borrower, manager or Accelerated Mezzanine Loan Lender, as applicable. For the purposes of this definition, “control” when used with respect to any specified Person means the power to direct the management and policies of such Person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise and the terms “controlling” and “controlled” have meanings correlative to the foregoing.

  • Additional Credit Party means each Person that becomes a Guarantor by execution of a Joinder Agreement in accordance with Section 5.10.

  • Seller Group Member means (a) Seller and its Affiliates, (b) directors, officers and employees of Seller and its Affiliates and (c) the successors and assigns of the foregoing.

  • Co-Borrower shall have the meaning assigned to such term in the introductory paragraph of this Agreement.

  • Borrower Parties means the collective reference to the Borrower and its Restricted Subsidiaries, and “Borrower Party” means any one of them.

  • Non-Credit Party means any Subsidiary of the Borrower that is not a Credit Party.

  • Domestic Credit Party means any Credit Party that is organized under the laws of any State of the United States or the District of Columbia.

  • Group Member means a member of the Partnership Group.

  • Credit Parties means the Borrower and the Guarantors.

  • Foreign Credit Party means a Credit Party which is not a Domestic Credit Party.

  • Lender Group Representatives has the meaning specified therefor in Section 17.9 of the Agreement.

  • Loan Parties means, collectively, the Borrower and each Guarantor.

  • U.S. Credit Party means the U.S. Borrower and each U.S. Subsidiary Guarantor.

  • Parent Borrower as defined in the preamble hereto.

  • Co-Borrowers means Wholly Owned Restricted Subsidiaries organized in any Applicable Jurisdiction from time to time designated by the Borrower to the Administrative Agent as “borrowers” with respect to Borrowings in accordance with Section 11.01, and “Co-Borrower” means any one of them.

  • Canadian Credit Party means the Canadian Borrower and each Canadian Subsidiary Guarantor.

  • Buyer Group Member means Buyer and its Affiliates and their respective successors and assigns.

  • The Borrower has advised the Banks that the Borrower has entered into an Agreement and Plan of Merger and Reorganization, dated as of February 10, 2000 (the "Merger Agreement"), among the Borrower, Opticare Health Systems, Inc. (the "Parent"), and OC Acquisition Corp., a wholly-owned subsidiary of the Parent ("Merger Sub"), pursuant to which the parties intend to merge Merger Sub with and into the Borrower subject to the terms and conditions thereof which include, among other things, restructuring the Obligations owing to the Banks on terms and conditions mutually agreed upon by the Borrower and the Banks. While the Borrower and the Banks have initiated discussions and due diligence concerning the Merger and any proposed restructuring of the Obligations, the Borrower acknowledges that the Banks have not consented to the Merger nor have the Banks agreed to any terms and conditions relating to any restructuring of the Obligations. In the meantime, however, the Borrower intends to continue to sell the remaining physician practice management groups operated by the Borrower and its Subsidiaries (collectively being referred to herein as the "PPM Businesses") and use a portion of the proceeds from the sale of the PPM Businesses to meet its reasonable and necessary operating expenses. To afford the Borrower an opportunity to proceed with the transactions described above, the Borrower has requested that (i) the Banks extend the temporary waiver period provided for in Sections 2.1 and 2.2 of that certain Seventh Amendment and Waiver to Credit Agreement dated as of December 10, 1999, among the Borrower, the Banks, and the Agent (the "Seventh Amendment") (as further amended, in part, by a December 30, 1999, letter agreement, a February 29, 2000, letter agreement, a March 24, 2000, letter agreement, and an April 14, 2000, letter agreement, and a May 5, 2000, letter agreement, in each case between the Borrower, the Banks and the Agent) and, in addition, that the Banks temporarily waive any non-compliance by the Borrower as of December 31, 1999, and as of March 31, 2000, with Sections 8.8 (Total Funded Debt/Adjusted EBITDA Ratio), 8.10 (Interest Coverage Ratio), and 8.11 (Debt Service Coverage Ratio) of the Credit Agreement and the Borrower's non-compliance with Section 8.5(b) of the Credit Agreement with respect to the timely delivery of the Borrower's March 31, 2000, financial statements, in each case to the earlier of June 2, 2000, or the termination of the Merger Agreement pursuant to its terms (the earlier of such dates being referred to herein as the "Waiver Termination Date"), (ii) Bank of Montreal extend the Bridge Loan Period from May 19, 2000, to the Waiver Termination Date, and (iii) postpone the due date for the payment of principal, interest and unused commitment fees otherwise due on or before May 19, 2000, to the Waiver Termination Date. By signing below, the Banks (including Bank of Montreal with respect to the Bridge Loan Commitment) hereby agree to extend the waiver period provided in Sections 2.1 and 2.2 of the Seventh Amendment from May 19, 2000, to the Waiver Termination Date, temporarily waive any non-compliance by the Borrower as of December 31, 1999, and March 31, 2000, with Sections 8.8 (Total Funded Debt/Adjusted EBITDA Ratio), 8.10 (Interest Coverage Ratio), and 8.11 (Debt Service Coverage Ratio) of the Credit Agreement and the Borrower's non-compliance with Section 8.5(b) of the Credit Agreement with respect to the timely delivery of the Borrower's March 31, 2000, financial statements through the period ending on the Waiver Termination Date, agree to extend the Bridge Loan Period to the Waiver Termination Date, and agree to postpone the due date for the payment of principal, interest, and unused commitment fees otherwise due on or before May 19, 2000, to the Waiver Termination Date, provided that:

  • Purchasing Borrower Party means Holdings or any subsidiary of Holdings.

  • Borrower Affiliate shall have the meaning set forth in the Lead Securitization Servicing Agreement; provided that in the event that any Non-Lead Note is securitized in a Securitization, the term “Borrower Affiliate” as used in the definitions of “Non-Lead Note Holder” and “Non-Lead Note Holder Representative” shall refer to a “Borrower Affiliate” as defined in the related Non-Lead Securitization Servicing Agreement or such other analogous term used in the related Non-Lead Securitization Servicing Agreement.