No Borrower named herein is an Affiliate Advised Borrower, except as set forth below: Borrower: -------------------------------- Subadviser: ------------------------------- Affected Lender: -------------------------- This Borrowing Notice is irrevocable and shall obligate the Borrower(s) named herein to accept the Loan requested on the Borrowing Date. This Borrowing Notice is executed by the undersigned Authorized Individual on the date first set forth who certifies the accuracy of all of the foregoing. INVESTMENT COMPANY: ----------------------------------------------- (For the benefit of the Fund(s) described above) By: -------------------------------------------- Printed Name: Title: EXHIBIT C FORM OF EXTENSION REQUEST TO: State Street Bank and Trust Company, Operations Agent Bank of America, N.A., Administrative Agent The Lenders party to the Credit Agreement FROM: USAA Mutual Fund, Inc. USAA Investment Trust USAA Tax Exempt Fund, Inc. USAA State Tax-Free Trust [any new Investment Company] ("INVESTMENT COMPANIES") (not in their individual capacities, but on behalf of and for the benefit of the series of Funds comprising each such Investment Company as listed on SCHEDULE 2 to the Credit Agreement) DATE 1: SUBJECT: Credit Agreement dated January 8, 2004, among the Borrowers party thereto, the Lenders party thereto, State Street Bank and Trust Company, as operations agent for Lenders, and Bank of America, N.A., as administrative agent for Lenders (as amended, modified, or extended, the "CREDIT AGREEMENT") This extension request is executed and delivered to Agents and Lenders pursuant to SECTION 3.02 of the Credit Agreement. Capitalized terms used and not defined in this extension request shall have the meanings assigned to them in the Credit Agreement. Each Investment Company, on behalf of each Fund, requests that each Lender's Commitment to Borrowers be extended for an additional 364 days from the Termination Date now in effect. In order to induce Lenders to consent to such extension of the Commitment, each undersigned Investment Company (not in its individual capacity, but on behalf of and for the benefit of the Funds comprising each such Investment Company as listed on SCHEDULE 2 to the Credit Agreement represents and warrants that the following statements are true and correct on the date hereof, and will be true and correct on the effective date of the requested extension of each Lender's Commitment:
No Borrower has made any loans or advances to any Affiliate or other Person except for (i) advances authorized hereunder to employees, officers and directors of such Borrower for travel, salaries or bonuses and other expenses arising in the ordinary course of such Borrower's business, and (ii) loans by AMCON permitted pursuant to subsection 13(f) hereof.
No Borrower and similar indefinite references means neither the Borrower nor the Co-Borrower).
Examples of No Borrower in a sentence
No Borrower will, directly or indirectly, pay any remuneration or other thing of value, whether by way of additional interest, fee or otherwise, to any Lender (in its capacity as a Lender hereunder) as consideration for agreement by such Lender with any modification of any Loan Documents, unless such remuneration or value is concurrently paid, on the same terms, on a Pro Rata basis to all Lenders providing their consent.
No Borrower has agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property, whether now owned or hereafter acquired, to be subject to a Lien which is not a Permitted Encumbrance.
No Borrower or Subsidiary is engaged, principally or as one of its important activities, in the business of extending credit for the purpose of purchasing or carrying any Margin Stock.
No Borrower or Subsidiary is obligated as surety or indemnitor under any bond or other contract that assures payment or performance of any obligation of any Person, except as permitted hereunder.
No Borrower will, or will permit any Subsidiary to, directly or indirectly, create, assume or suffer to exist any Lien on any asset now owned or hereafter acquired by it, except for Permitted Liens.
More Definitions of No Borrower
No Borrower has given any written or oral notice to the Environmental Protection Agency ("EPA") or any state or local agency with regard to any actual or imminently threatened removal, storage, transportation, spill, release or discharge of hazardous or toxic wastes, substances or petroleum products either (a) on properties owned or leased by such Borrower OR (b) otherwise in connection with the conduct of its business and operations.
No Borrower s Inventory is subject to any license agreement relating to patents, trademarks or copyrights which could, directly or indirectly, preclude or render impracticable the realization by Lender of the value of such Inventory.
No Borrower nor any Subsidiary shall (i) directly or indirectly declare or make, or incur any liability to make, any Distribution, except Permitted Distributions, (ii) make any change in its capital structure which could have a Material Adverse Effect or (iii) without the consent of Agent, make any Restricted Investment, except for Restricted Investments up to $1,000,000 in the aggregate at any time outstanding for all Borrowers and all Subsidiaries since the Closing Date and with respect to which Agent receives a perfected security interest in any property received in connection with such Restricted Investment contemporaneously with the applicable Borrower's or its Subsidiary's receipt of such property.
No Borrower has issued any securities convertible into or exchangeable for shares of its capital stock or any options, warrants or other rights to acquire such shares or securities convertible into or exchangeable for such shares.
No Borrower has any Subsidiaries nor any current plans to form or acquire any Subsidiary.
No Borrower shall cause or permit a Release of any Hazardous Material on, at, in, under, above, to, from or about any of the Real Estate where such Release would violate, or form the basis for Environmental Liabilities under, any Environmental Laws or Environmental Permits, other than such violations or Environmental Liabilities which could not reasonably be expected to have a Material Adverse Effect.
No Borrower has knowledge of (i) the presence, except in compliance with Applicable Environmental Laws, of any Hazardous Substances (as defined below) on any property owned, leased or otherwise controlled by any Borrower (collectively, the "Property"); (ii) any spills, releases, discharges, or disposal of Hazardous Substances that have occurred or are presently occurring on or onto any of the Property; (iii) the presence on any of the Property of underground or above-ground storage tanks or pipelines which are required to be licensed by any local, state or federal agency; (iv) any spills or disposal of Hazardous Substances that have occurred or are occurring off the Property as a result of any construction on or operation and use of the Property; (v) any failure by any Borrower to comply with any Applicable Environmental Laws (as defined below); (vi) any notices related to any Borrower or any of the Property claiming a violation of any Applicable Environmental Laws, or the commencement of any action or proceeding against any Borrower or related to any of the Property alleging a violation of Applicable Environmental Laws; (vii) any notices related to any Borrower or any of the Property requiring compliance with Applicable Environmental Laws, or demanding payment or contribution for injury to the environment or human health; or (viii) any outstanding notices or citations relating to violations by any former owner or operator of any of the Property. For the purposes of this Agreement, (A) "Hazardous Substances" means any substance or material defined or designated as a hazardous or toxic waste, material or substance, or other similar term, by any federal, state, or local environmental statute, regulation, or ordinance presently in effect, including, without limitation, asbestos in any form, urea formaldehyde foam insulation, petroleum products, and polychlorinated biphenyls; and (B) "Applicable Environmental Laws" means any and all applicable local, state, and federal environmental laws, regulations, ordinances, and administrative and judicial orders relating to the generation, recycling, reuse, sale, storage, handling, transport, or disposal of any Hazardous Substances.