Lender Liabilities definition

Lender Liabilities means the aggregate of: (a) all (i) principal (excluding (a) any unpaid instalment of principal which under the terms of the Senior Financing Agreements was scheduled to be paid on or before the date falling six months prior to the date on which the relevant Termination Notice was served, or if no Termination Notice has been served, the date on which Lender Liabilities falls to be calculated and (b) any capitalised interest accruing after 15 March 2000); (ii) interest on the said principal (excluding (a) any capitalised interest accruing after 15 March 2000, (b) any interest payable by reason of any failure or omission to pay the principal or any instalment or part thereof or any other sum timeously or any other breach or failure to comply with the terms of any of the Senior Financing Agreements by the Contractor and (c) any interest which may accrue during the period taken by the Banks to comply with the terms of Clause 5.3.1 of the Direct Agreement) which (A) has accrued but not fallen due from the Contractor prior to the date of the Termination Notice (or if no such Termination Notice, has been served, the date on which Lender Liabilities falls to be calculated) provided that the amount of such interest to be taken into account in calculating Lender Liabilities shall not exceed an amount equal to six months‟ unpaid interest; and (B) accrues during the period after the date of the said Termination Notice until the Termination Date (as that term is defined in the Direct Agreement), in each case in accordance with the provisions of the Senior Financing Agreements, and (iii) all other amounts outstanding (other than those referred to in or excluded by paragraphs (i) and (ii) above) due to the Banks under the terms of the Senior Financing Agreements (other than the Hedging Agreements); and (b) all amounts payable to the Hedging Counterparties by the Contractor under the terms of the Hedging Agreements (except to the extent that such amounts are payable under paragraph (a) above); less the aggregate of: (i) all amounts payable by the Hedging Counterparties to the Contractor under the terms of the Hedging Agreements; and (ii) any amounts of cash in hand and deposits repayable on demand with any bank or other financial institution, including cash in hand and deposits in foreign currencies, deposited or placed by or on behalf of the Contractor to secure obligations owed to the Banks under the Senior Financing Agreements; calculated on the basis that the relevant...
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Lender Liabilities means the Liabilities owed by the Obligors to the Lenders.
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Lender Liabilities means the Liabilities owed by any Debtor to the Lenders and any Ancillary Lenders under the Finance Documents.
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Examples of Lender Liabilities in a sentence

  • Purchasing Senior Secured Creditors) and if, for any reason, a Hedge Transfer cannot be made in accordance with Clause 3.9 (Hedge Transfer: Purchasing Senior Secured Creditors), no Senior Lender Liabilities Transfer may be required to be made.

  • Pari Passu Debt Creditors) and if, for any reason, a Hedge Transfer cannot be made in accordance with Clause 6.2 (Hedge Transfer: Pari Passu Debt Creditors), no Credit Facility Lender Liabilities Transfer may be required to be made.

  • Further, without prejudice to any rights or remedies accrued up to and including the Termination Date, and notwithstanding any other provision of this Clause 42 or any other provision of the Contract, no amount or Lender Liabilities shall be payable by the Authority to the Contractor in accordance with this Clause 42, or Clauses 6.9, 6.10, 13.3.4 or 44, if the Contract is terminated prior to the date on which the Engineer's Declaration is issued.

  • The Debtors may make Payments in respect of the Credit Facility Lender Liabilities at any time in accordance with the terms of the Credit Facility Documents.

  • Each Borrower Releasing Party covenants not to xxx any of the Released Lender Parties with respect to the Released Lender Liabilities.

  • Specifically, with the exception of the Exiting Lender Liabilities and subject to adjustments in accordance with Section 1.8(4), all “Borrowings” outstanding under the “Revolving Credit” and the “Term Credit” under the Original Credit Agreement as at the Closing Date (“Pre-Existing Borrowings”, which shall include bankers’ acceptances) will be deemed to be Borrowings outstanding under the Revolving Credit and the Term Credit, as applicable, and will be subject to the terms of this Agreement.

  • Any Purchasing Pari Passu Creditors wishing to exercise the option to purchase the Super Senior Lender Liabilities shall inform the Senior Creditor Representatives in accordance with the terms of the Pari Passu Finance Documents, who will determine (consulting with each other as required) the appropriate share of the Super Senior Lender Liabilities to be acquired by each such Purchasing Pari Passu Creditor and who shall inform each such Purchasing Pari Passu Creditor accordingly.

  • Background: In September 2004, POLIS examined the wide differences in the rates of relatively less-serious, high-volume offences for various police services.

  • Prior to a Distress Event, the Debtors may make, and the Senior Lender and/or Bilateral Lender (as the case may be) may receive, Payments of the Senior Lender Liabilities and the Bilateral Liabilities at any time in accordance with the Senior Finance Documents and the Bilateral Documents.

  • The Intercreditor Agreement provides that any Purchasing Party may elect to purchase all of the Senior Lender Liabilities by serving an irrevocable notice on the Senior Facility Agent no later than 15 Business Days after the Mezzanine Facility Agent has received a notice of the relevant Purchase Event.


More Definitions of Lender Liabilities

Lender Liabilities means the due and punctual payment and performance of all unpaid principal of and interest on the Loan and all other obligations and liabilities of the Borrower to the Lender, whether direct or indirect, absolute or contingent, due or to become due, or now existing or hereafter incurred, which may arise under, out of, or in connection with, the ICBC Loan, whether on account of principal, interest, indemnities, costs, expenses or otherwise.
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Lender Liabilities means the aggregate, determined in accordance with Clause 14 of the Direct Agreement, of:
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Related to Lender Liabilities

  • Other Liabilities means any obligation on account of (a) any Cash Management Services furnished to any of the Loan Parties or any of their Subsidiaries and/or (b) any Bank Product furnished to any of the Loan Parties and/or any of their Subsidiaries.

  • Senior Liabilities means all present and future moneys, debts and liabilities due, owing or incurred by the Obligors to any Finance Party under or in connection with any Finance Document (in each case, whether alone or jointly, or jointly and severally, with any other person, whether actually or contingently and whether as principal, surety or otherwise).

  • Loan Obligations means (a) the due and punctual payment by the Borrower of (i) the unpaid principal of and interest (including interest accruing during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, regardless of whether allowed or allowable in such proceeding) on the Loans made to the Borrower under this Agreement, when and as due, whether at maturity, by acceleration, upon one or more dates set for prepayment or otherwise, (ii) each payment required to be made by the Borrower under this Agreement in respect of any Letter of Credit, when and as due, including payments in respect of reimbursement of disbursements, interest thereon (including interest accruing during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, regardless of whether allowed or allowable in such proceeding) and obligations to provide Cash Collateral and (iii) all other monetary obligations of the Borrower owed under or pursuant to this Agreement and each other Loan Document, including obligations to pay fees, expense reimbursement obligations and indemnification obligations, whether primary, secondary, direct, contingent, fixed or otherwise (including monetary obligations incurred during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, regardless of whether allowed or allowable in such proceeding), and (b) the due and punctual payment of all obligations of each other Loan Party under or pursuant to each of the Loan Documents.

  • DIP Obligations means “DIP Obligations” as defined in the DIP Order.

  • Revolving Loan Obligations means any Obligations with respect to the Revolving Loans (including without limitation, the principal thereof, the interest thereon, and the fees and expenses specifically related thereto).

  • Term Loan Obligations means the “Obligations” as defined in the Term Loan Credit Agreement.

  • Lender Expenses are all audit fees and expenses, costs, and expenses (including reasonable attorneys’ fees and expenses) for preparing, amending, negotiating, administering, defending and enforcing the Loan Documents (including, without limitation, those incurred in connection with appeals or Insolvency Proceedings) or otherwise incurred with respect to Borrower.

  • Indemnity Obligations means all obligations of the Company to Indemnitee under this Agreement, including the Company’s obligations to provide indemnification to Indemnitee and advance Expenses to Indemnitee under this Agreement.

  • Borrower Credit Agreement Obligations the collective reference to the unpaid principal of and interest on the Loans and Reimbursement Obligations and all other obligations and liabilities of the Borrower (including, without limitation, interest accruing at the then applicable rate provided in the Credit Agreement after the maturity of the Loans and Reimbursement Obligations and interest accruing at the then applicable rate provided in the Credit Agreement after the filing of any petition in bankruptcy, or the commencement of any insolvency, reorganization or like proceeding, relating to the Borrower, whether or not a claim for post-filing or post-petition interest is allowed in such proceeding) to the Administrative Agent or any Lender, whether direct or indirect, absolute or contingent, due or to become due, or now existing or hereafter incurred, which may arise under, out of, or in connection with, the Credit Agreement, this Agreement, or the other Loan Documents, or any Letter of Credit, or any other document made, delivered or given in connection therewith, in each case whether on account of principal, interest, reimbursement obligations, fees, indemnities, costs, expenses or otherwise (including, without limitation, all fees and disbursements of counsel to the Administrative Agent or to the Lenders that are required to be paid by the Borrower pursuant to the terms of any of the foregoing agreements).

  • L/C Obligations means, as at any date of determination, the aggregate amount available to be drawn under all outstanding Letters of Credit plus the aggregate of all Unreimbursed Amounts, including all L/C Borrowings. For purposes of computing the amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.06. For all purposes of this Agreement, if on any date of determination a Letter of Credit has expired by its terms but any amount may still be drawn thereunder by reason of the operation of Rule 3.14 of the ISP, such Letter of Credit shall be deemed to be “outstanding” in the amount so remaining available to be drawn.

  • Refunded Obligations means, collectively, the Refunded Notes, if any, and the Refunded Bonds, if any, refunded by each Series.

  • Unasserted Obligations means, at any time, Obligations for taxes, costs, indemnifications, reimbursements, damages and other liabilities (except for (i) the principal of and interest on, and fees relating to, any Indebtedness and (ii) contingent reimbursement obligations in respect of amounts that may be drawn under Letters of Credit) in respect of which no claim or demand for payment has been made (or, in the case of Obligations for indemnification, no notice for indemnification has been issued by the Indemnitee) at such time.

  • Earn Out Obligations means, with respect to an Acquisition, all obligations of the Borrower or any Subsidiary to make earn out or other contingency payments (including purchase price adjustments, non-competition and consulting agreements, or other indemnity obligations) pursuant to the documentation relating to such Acquisition. For purposes of determining the aggregate consideration paid for an Acquisition at the time of such Acquisition, the amount of any Earn Out Obligations shall be deemed to be the maximum amount of the earn-out payments in respect thereof as specified in the documents relating to such Acquisition. For purposes of determining the amount of any Earn Out Obligations to be included in the definition of Funded Indebtedness, the amount of Earn Out Obligations shall be deemed to be the aggregate liability in respect thereof, as determined in accordance with GAAP.

  • Credit Obligations means all principal, interest, fees, reimbursements, indemnifications, and other amounts now or hereafter owed by the Borrower to the Agent and the Banks (or with respect to the Interest Hedge Agreements, any Affiliates of the Banks) under this Agreement, the Revolving Loan Notes, the Swing Line Note, the Letter of Credit Documents, and the other Credit Documents and any increases, extensions, and rearrangements of those obligations under any amendments, supplements, and other modifications of the documents and agreements creating those obligations.

  • Hedge Liabilities means collectively, the Foreign Currency Hedge Liabilities and the Interest Rate Hedge Liabilities.

  • Credit Facility Obligations means all “Obligations” (or any other defined term having a similar purpose) as defined in the Credit Agreement.

  • Credit Agreement Obligations means the “Obligations” as defined in the Credit Agreement.

  • Hedging Liabilities means the Liabilities owed by any Debtor to the Hedge Counterparties under or in connection with the Hedging Agreements.

  • Subordinated Liabilities means liabilities subordinated to the Borrower's obligations to the Bank in a manner acceptable to the Bank in its sole discretion.

  • L/C Reimbursement Obligation means, for any Letter of Credit, the obligation of the Borrower to the L/C Issuer thereof, as and when matured, to pay all amounts drawn under such Letter of Credit.

  • Unasserted Contingent Obligations means, at any time, Obligations for taxes, costs, indemnifications, reimbursements, damages and other liabilities in respect of which no assertion of liability (whether oral or written) and no claim or demand for payment or indemnification (whether oral or written) has been made or threatened.

  • Net Obligation means the amount owed to PJMSettlement and PJM for purchases from the PJM Markets, Transmission Service, (under Tariff, Parts II and III , and other services pursuant to the Agreements, after applying a deduction for amounts owed to a Participant by PJMSettlement as it pertains to monthly market activity and services. Should other markets be formed such that Participants may incur future Obligations in those markets, then the aggregate amount of those Obligations will also be added to the Net Obligation.

  • Lender Indemnitees shall have the meaning set forth in Section 11.13(b).

  • Loan Document Obligations means (a) the due and punctual payment by the Borrower of (i) the principal of and interest at the applicable rate or rates provided in the Credit Agreement (including interest accruing during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, regardless of whether allowed or allowable in such proceeding) on the Loans, when and as due, whether at maturity, by acceleration, upon one or more dates set for prepayment or otherwise, (ii) each payment required to be made by the Borrower under the Credit Agreement in respect of any Letter of Credit, when and as due, including payments in respect of reimbursement of disbursements, interest thereon and obligations to provide cash collateral, and (iii) all other monetary obligations of the Borrower under or pursuant to the Credit Agreement and each of the other Loan Documents, including obligations to pay fees, expense reimbursement obligations and indemnification obligations, whether primary, secondary, direct, contingent, fixed or otherwise (including monetary obligations incurred during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, regardless of whether allowed or allowable in such proceeding), (b) the due and punctual payment and performance of all other obligations of the Borrower under or pursuant to each of the Loan Documents and (c) the due and punctual payment and performance of all the obligations of each other Loan Party under or pursuant to this Agreement and each of the other Loan Documents (including monetary obligations incurred during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, regardless of whether allowed or allowable in such proceeding).

  • Excluded Obligations has the meaning set forth in Section 2.5.

  • Canadian Obligations means the Obligations owing by the Canadian Borrower.