New Borrowers definition

New Borrowers has the meaning specified in the recitals hereto.

New Borrowers means certain Subsidiaries created or acquired since June 30, 1998, specifically identified as all of the entities on SCHEDULE IIA attached to the 1999A Amendment.

New Borrowers has the meaning assigned thereto in the introductory paragraph.

Examples of New Borrowers in a sentence

• The Administrative Agent shall have received from each Borrower an opinion of counsel to the Borrowers in form satisfactory to the Administrative Agent; provided that only limited opinions shall be provided with respect to Borrowers who are not New Borrowers as previously agreed upon between the Adviser and the Administrative Agent.

• As a condition to the effectiveness of this letter agreement, the Borrowers (including the New Borrowers) shall execute and deliver to the Bank an amended and restated promissory note dated as of the date hereof in the original principal amount of $150,000,000 (the “New Note”), which shall amend, restate, supersede and replace the Existing Note and any and all previous promissory notes made by the Borrowers to the order of the Bank in connection with the Uncommitted Line.

• Neither New Borrower nor any of its members or managers is obtaining a loan to finance its interest in New Borrower or the Project or pledging its interest in New Borrower to any party, and none of New Borrower's members have any right to take over control from any of such other members.

• To New Borrower's actual knowledge, New Borrower affirms and confirms the truth and accuracy of all representations and warranties set forth in the Loan Documents, in all material respects, as if made on the date hereof.

• To New Borrower's actual knowledge, no event, fact or circumstance has occurred or failed to occur which constitutes, or with the lapse or passage of time, giving of notice or both, could constitute a default or Event of Default under the Loan Documents.

More Definitions of New Borrowers

New Borrowers means (a) Bowater Alabama LLC (formerly known as Bowater Alabama, Inc.), an Alabama limited liability company (the “Coosa Pines Borrower”), (b) Bowater Newsprint South LLC, a Delaware limited liability company (“BNS Holdings”) and (c) Bowater Newsprint South Operations LLC (formerly known as Bowater Newsprint South, Inc.), a Delaware corporation and the successor by merger to Bowater Mississippi, LLC (the “Grenada Borrower”).

New Borrowers means (a) Bowater Alabama, Inc., an Alabama corporation; (b) Bowater Mississippi, LLC, a Delaware limited liability company; and/or (c) another Person that, as of the Fourth Amendment Effective Date, is a Wholly-Owned Subsidiary of the Original Borrower; provided that such Person is identified to the Administrative Agent and the Canadian Administrative Agent by the Original Borrower on or prior to April 15, 2008 and is acceptable to the Administrative Agent and the Canadian Administrative Agent (each in its sole discretion).

New Borrowers means CA Aldwych, HIP Hospitality, STK Chicago, STK-LA, STK Miami, STK Miami Service, STK Midtown, STK Midtown Holdings, STK Orlando, TOG Biscayne, T.O.G. (UK), T.O.G. (Aldwych), and WSATOG (Miami).

New Borrowers the meaning specified in the Preamble and identified in Schedule 1.01. Notes: the Revolving Credit Notes and the Term Notes. Notice of Conversion or Continuation: a notice in the form of Schedule 2.02 hereto. Obligations: the unpaid principal of and interest on (including interest accruing after the maturity of the Loans and interest accruing after the filing of any petition in bankruptcy, or the commencement of any insolvency, reorganization or like proceeding, relating to a Borrower, whether or not a claim for post-filing or post-petition interest is allowed in such proceeding) the Loans and all other indebtedness, obligations and liabilities of Borrowers and each of them to Administrative Agent, to Collateral Agent or to any Lender, whether direct or indirect, absolute or contingent, due or to become due, now existing or hereafter incurred, which may arise under, out of, or in connection with, this Agreement, any other Loan Document or any other document now or hereafter made, delivered or given in connection herewith or therewith, including, without limitation, any and all principal, interest, reimbursement obligations, fees, indemnities, costs and expenses (including all fees, charges and disbursements of counsel to Administrative Agent, to Collateral Agent or to any Lender that are required to be paid by any Borrower pursuant hereto).

New Borrowers. AYTU BIOPHARMA, INC. PHARMAFAB TEXAS, LLC AYTU THERAPEUTICS LLC CHERRY CREEK THERAPEUTICS, INC. By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Chief Executive Officer LOAN PARTY OBLIGORS: INNOVUS PHARMACEUTICALS, INC. SEMPRAE LABORATORIES, INC. DELTA PRIME SAVINGS CLUB, INC. By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Chief Executive Officer INNOVUS PHARMACEUTICALS, INC. By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Chief Executive Officer Signature Page to Consent, Xxxxxxx and Amendment No. 5 to Loan and Security Agreement

New Borrowers. As defined in the preamble hereof. 1940 ACT. As defined in the preamble hereof.

New Borrowers and "Trussco Acquisition," set forth in the preamble to this Amendment, are hereby deemed incorporated by reference into Annex One of the Credit Agreement and made an integral part thereof in the appropriate alphabetical order.