Restricted Borrower definition

Restricted Borrower means, as of any date, any Borrower or Fund that makes or maintains one or more investments in one or more mutual funds, closed-end funds or other pooled-investment vehicles, whether or not registered under the Investment Company Act (other than “2a-7 funds”), the value of which investments, in the aggregate, exceed 10% of such Borrower’s or Fund’s total assets.
Sample 1Sample 2Sample 3
Restricted Borrower means, as of any date, any Borrower that makes or maintains one or more investments in one or more Fund Vehicles (other than “2a-7 funds”) the value of which investments, in the aggregate, exceed 10% of such Borrower’s Total Assets.
Sample 1Sample 2Sample 3
Restricted Borrower means Smurfit Deutschland GmbH, a limited liability company incorporated in Germany (registered number HRB 90813).
Sample 1Sample 2

Examples of Restricted Borrower in a sentence

  • As of September 30, 1996, the amount available for Restricted Borrower Distributions was not greater than $38,000,000.

  • As shown in Figure AB-1, by 2025 the impact on the Tennessee economy would be devastating: 1) Tennessee gross state product would be reduced by more than $7 billion; 2) Tennessee manufacturing output would be reduced by more than $900 million; 3) Tennessee state and local government tax revenues would be reduced by nearly $700 million.

  • Each Revolver Lender and Restricted Borrower agree that, in paying any draw under any LC, no Issuing Lender shall have any responsibility to obtain any document (other than any documents required by the respective LC) or to ascertain or inquire as to any document's validity, enforceability, sufficiency, accuracy, or genuineness or the authority of any Person delivering any such document.

  • To the extent any Revolver Lender has funded its ratable share of any payment or drawing under an LC, then the applicable Issuing Lender shall promptly distribute reimbursement payments received from any Restricted Borrower to such Revolver Lender according to its ratable share.

  • However, nothing in this Section 2.3 constitutes a waiver of the Rights of any Restricted Borrower or any Revolver Lender to assert any claim or defense based upon the gross negligence or willful misconduct of the applicable Issuing Lender.

  • Brown, Vice President HIGHLAND PRESTIGE GEORGIA, INC., as a Restricted Borrower By: /s/ Michael J.

  • Restricted Borrowers' obligations under this Section 2.3(c) shall be absolute and unconditional under any and all circumstances and irrespective of any setoff, counterclaim, or defense to payment which any Restricted Borrower may have at any time against Administrative Agent or any other Person.

  • Notwithstanding anything herein to the contrary, the Loans that 14 may be obtained by any Restricted Borrower shall be limited to Swing Line Loans.

  • CENTURY CABLE HOLDINGS, LLC, as a Restricted Borrower Address for all Restricted Borrowers: By: CENTURY CABLE HOLDING CORP., its sole member One North Main Street Coudersport, PA 16915 Xx: /x/ Xames R.

  • New trees proposed by traffic circle coordinators or volunteers will be approved by the Forestry Supervisor, with a preference for natives and a focus on maximizing ecosystem services.


More Definitions of Restricted Borrower

Restricted Borrower contained in Section 1.01 of the Credit Agreement is hereby amended by inserting the phrase“, other than a Limited Borrower,” immediately following the phrase “any Borrower”.
Sample 1
Restricted Borrower means each Subsidiary Borrower other than (a) the Canadian Borrower, (b) the U.K. Borrowers and (c) any other Borrower approved by all Banks as eligible to obtain Revolving Loans.
Sample 1

Related to Restricted Borrower

  • Designated Borrower has the meaning specified in the introductory paragraph hereto.

  • Qualified Borrower means any borrower that is a sponsoring entity that has a controlling interest in the real property that is financed by a qualified loan. A controlling interest includes, but is not limited to, a controlling interest in the general partner of a limited partnership that owns the real property.

  • U.S. Borrower means any Borrower that is a U.S. Person.

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

  • Domestic Borrower means any Borrower organized under the laws of the United States of America or any state of the United States of America.

  • Borrower as defined in the preamble hereto.

  • Canadian Borrower as defined in the preamble hereto.

  • Restricted Lender means a Lender that fails to approve an amendment, waiver or consent requested by the Loan Parties pursuant to Section 10.01 that has received the written approval of not less than the Required Lenders but also requires the approval of such Lender.

  • Domestic Subsidiary Borrower any Subsidiary Borrower which is a Domestic Subsidiary.

  • Subsidiary Borrower means, individually and collectively, as the context requires, each Subsidiary that is or becomes a “Borrower” in accordance with Section 2.22; in each case, unless and until it becomes a “Terminated Subsidiary Borrower”.

  • Borrowing Subsidiary means any Subsidiary that has been designated as such pursuant to Section 2.18 and that has not ceased to be a Borrowing Subsidiary as provided in such Section.

  • 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:

  • Parent Borrower as defined in the preamble hereto.

  • Designated Borrower Notice has the meaning specified in Section 2.14.

  • 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.

  • Dutch Borrower means any Borrower that is organized under the Laws of The Netherlands.

  • Guarantor Subsidiary means each Guarantor other than Holdings.

  • Loan Party means the Borrower and each Guarantor.

  • Foreign Subsidiary Borrower means any Eligible Foreign Subsidiary that becomes a Foreign Subsidiary Borrower pursuant to Section 2.23 and that has not ceased to be a Foreign Subsidiary Borrower pursuant to such Section.

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

  • Borrower/s means and refers to jointly and severally to the Applicants (more particularly described in the Application Form) who has/have been sanctioned/granted/disbursed the Loan by ABFL pursuant to the relevant Application Form submitted by such applicants to ABFL for availing of the Loan and depending upon the nature of the Borrower/s, shall, unless repugnant to the context or meaning thereof, be deemed to include his/her legal heirs, executors and administrators;

  • German Borrower means (a) any Borrower that is a resident for tax purposes in Germany and (b) any Borrower in respect of which written notice is given to the Administrative Agent (by the Company) prior to that Borrower becoming a Borrower hereunder that such Borrower is resident in Germany for German tax purposes.

  • Swiss Borrower means a Borrower incorporated in Switzerland and/or having its registered office in Switzerland and/or qualifying as a Swiss resident pursuant to Art. 9 of the Swiss Federal Withholding Tax Act.

  • Subsidiary Borrowers as defined in the preamble hereto.

  • UK Borrower means any Borrower (i) that is organized or formed under the laws of the United Kingdom or (ii) payments from which under this Agreement or any other Loan Document are subject to withholding Taxes imposed by the laws of the United Kingdom.

  • Non-Guarantor Subsidiary means any Restricted Subsidiary that is not a Subsidiary Guarantor.