Suitable Lender definition

Suitable Lender means: (1) any insurance company as defined in Section 2(13) of the Securities Act of 1933; (2) any investment company registered under the Investment Company Act of 1940; (3) any business development company as defined in Section 2(a)(48) of the Investment Company Act of 1940; (4) any small business investment company licensed by the U.S. Small Business Administration under Section 301(c) or (d) of the Small Business Investment Act of 1958; (5) any plan established and maintained by a state, its political subdivisions, or any agency or instrumentality of a state or its political subdivisions, for the benefit of its employees; (6) any employee benefit plan within the meaning of Title I of the Employee Retirement Income Security Act of 1974; (7) any trust fund whose trustee is a bank or trust company and whose participants are exclusively plans of the types identified in paragraph (5) or (6) of this section; (8) any business development company as defined in Section 202(a)(22) of the Investment Advisers Act of 1940; (9) any investment adviser registered under the Investment Advisers Act of 1940; (10) any dealer registered pursuant to Section 15 of the Securities and Exchange Act of 1934 or its Affiliate; (11) any entity, all of the equity owners of which are, or all debt securities of which are owned by, (i) "qualified institutional buyers" as defined in Rule 144A under the Securities Act of 1933, as amended (the "Securities Act") acting for their own account or the accounts of other qualified institutional buyers, and/or (ii) parties who have acquired such equity interests or debt securities pursuant to Regulation S of the Securities Act or pursuant to a public offering registered pursuant to the Securities Act; (12) any bank as defined in Section 3(a)(2) of the Securities Act of 1933, any savings and loan association or other institution as referenced in Section 3(a)(5)(A) of the Securities Act of 1933, or any foreign bank or savings and loan association or equivalent institution; (13) any investor or group of investors purchasing debt securities of Developer who are (i) purchasing such debt securities of Developer in any public offering registered pursuant to the Securities Act; (ii) "qualified institutional buyers" (as defined in Rule 144A under the Securities Act); and/or (iii) purchasing such debt securities of Developer pursuant to Regulation S of the Securities Act; (14) Parent Company or any Affiliate of Parent Company; (15) any Publicly Traded Cor...
Suitable Lender means: (1) any insurance company as defined in Section 2(13) of the Securities Act of 1933, as amended; (2) any investment company registered under the Investment Company Act of 1940, as amended; (3) any business development company as defined in Section 2(a)(48) of the Investment Company Act of 1940, as amended; (4) any small business investment company licensed by the U.S. Small Business Administration under Section 301(c) or (d) of the Small Business Investment Act of 1958, as amended; (5) any plan established and maintained by a state, its political subdivisions, or any agency or instrumentality of a state or its political subdivisions, for the benefit of its employees; (6) any employee benefit plan within the meaning of Title I of the Employee Retirement Income Security Act of 1974, as amended; (7) any trust fund whose trustee is a bank or trust company and whose participants are exclusively plans of the types identified in paragraph (5) or (6) of this Section 1.103; (8) any business development company as defined in Section 202(a)(22) of the Investment Advisers Act of 1940, as amended; (9) any organization described in Section 501(c)(3) of the Internal Revenue Code, as amended, corporation, partnership, or Massachusetts or similar business trust; (10) any investment adviser registered under the Investment Advisers Act of 1940, as amended; (11) any real estate investment trust registered with the United States Securities and Exchange Commission, excluding Tenant and Tenant's Affiliates; (12) any dealer registered pursuant to Section 15 of the Securities and Exchange Act of 1934, as amended (the "Exchange Act"); (13) any entity which is, or each of the equity owners of which is, a "qualified institutional buyer" (as defined in Rule 144A under the Securities Act of 1933, as amended) acting for its own account or the accounts of other qualified institutional buyers; (14) any bank as defined in Section 3(a)(2) of the Securities Act of 1933, as amended, any savings and loan association or other institution as referenced in Section 3(a)(5)(A) of the Securities Act of 1933, as amended, or any foreign bank or savings and loan association or equivalent institution or any investment fund that participates in a bank syndication (and any Person that takes an assignment interest from any Person that participated in the bank syndication (or an assignee thereof)), excluding Tenant and Tenant's Affiliates; (15) any investor or group of investors purchasing debt secur...
Suitable Lender has the meaning provided in the Casino Operating Contract. System Marks - as defined in Article 12.02(a).

Examples of Suitable Lender in a sentence

  • Anything to the contrary notwithstanding, the foregoing provisions shall not apply to a Leasehold Mortgagee which is a Suitable Lender; provided that such exclusion shall not operate to exclude from this Section 4.6 any payment to the Casino Manager/Operator from a Leasehold Mortgagee which is a Suitable Lender.

  • A Mortgagee shall not transfer or assign its interest in any Mortgage without City s prior written consent, except to a Suitable Lender.

  • The Casino Operator shall provide all funds necessary to comply with this Casino Operating Contract through its own resources or through Approved Financing with a Suitable Lender.

  • Subject to all provisions of this Lease and only in compliance with Section 22.1 of this Lease, Tenant may mortgage, pledge or otherwise encumber this Lease and the Improvements from time to time only after first obtaining Landlord's consent, which shall not be unreasonably withheld, Financially Conditioned or delayed; provided that Landlord's consent shall not be required in connection with a Financing, or the Leasehold Mortgage as security therefor, in which each lender is a Suitable Lender.

  • The Minimum Payment Guaranty may be provided by (i) HET and Xxxxxx'x Operating, pursuant to Section 25.4 - "Matters Relating to Minimum Payment Guaranty" and subject to the continuing Suitability requirements (financial and otherwise) of the Casino Act and the Rules and Regulations or (ii) any Suitable Lender or Lenders or others as Approved by the Gaming Board and which have sufficient resources to provide the Minimum Payment Guaranty (the "Minimum Payment Guarantor").

  • Anything to the contrary notwithstanding, the foregoing provisions shall not apply to a Leasehold Mortgagee which is a Suitable Lender; provided that such exclusion shall not operate to exclude from this Section 4.8 any payment to the Casino Manager/Operator from a Leasehold Mortgagee which is a Suitable Lender.


More Definitions of Suitable Lender

Suitable Lender has the meaning provided in the Casino Operating Contract. System Fee - as defined in Article 11.01(a). System Marks - as defined in Article 12.02(a). Term - a collective term for the Initial Term and the Extension Term, if elected by Manager. Termination Fee - as defined in Article 17.02(b). Win (Gaming) - the difference between gaming wins and losses before deducting costs and expenses determined according to Casino Standard Accounting Principles.
Suitable Lender has the meaning provided in the Casino Operating Contract. Termination Fee - as defined in Article 17.02(b).
Suitable Lender means a lender suitable or otherwise qualified under the Gaming
Suitable Lender means a Lender described in Section 2.108 - "Lender," subsections (a) through (n) or any other Lender presumed suitable by the Rules and Regulations unless at any time either (i) such Lender exercises Control or intends to exercise Control over the Casino Operator or the Casino Manager, or (ii) the Gaming Board receives information indicating that such Lender may not meet the Suitability requirements. If the Gaming Board in its sole discretion determines that a condition described in either (i) or (ii) exists with respect to a particular lender, the presumption may no longer exist for that lender and the lender shall be required to demonstrate its Suitability in accordance with the terms of the Casino Act. Neither the commencement of a foreclosure proceeding and the seeking of a receiver in accordance with R.S. 27:275 et seq. nor the acceptance of a debt or equity interest in JCC Holding Company pursuant to the Plan shall, in and of itself, lead to the loss of the presumption unless the Gaming Board, in its sole discretion, determines that the Lender is exercising Control of the Casino Operator.

Related to Suitable Lender

  • Applicable Lender has the meaning assigned to such term in Section 2.06(d).

  • Applicable Lenders means the Required Lenders, all affected Lenders, or all Lenders, as the context may require.

  • Eligible Lender an entity that is a “Bank” (as defined in the 0000 Xxx) and is not otherwise prohibited by Section 17 of the 1940 Act from lending to the Borrower.

  • Eligible Lender Trustee shall also mean each successor Eligible Lender Trustee as of the qualification of such successor as Eligible Lender Trustee under the Trust Agreement.

  • Interim Eligible Lender Trustee shall also mean each successor Interim Eligible Lender Trustee as of the qualification of such Interim Eligible Lender Trustee under the Interim Trust Agreement.

  • Applicable Lending Office means, with respect to each Lender, such Lender’s Domestic Lending Office in the case of a Base Rate Advance and such Lender’s Eurocurrency Lending Office in the case of a Eurocurrency Rate Advance.

  • Non-BA Lender means any Lender which is not a BA Lender.

  • Acceptable Letter of Credit means a standby letter of credit, issued by a bank or financial institution acceptable to Bank in its Permitted Discretion, in form and substance satisfactory to Bank in its Permitted Discretion, in an amount equal to 105% of the Letter of Credit Usage, naming Bank as beneficiary to reimburse payments of drafts drawn under outstanding Letters of Credit.

  • the Agent means the estate agency described at paragraph 5 of the Schedule;

  • Eligible lending institution means a financial

  • Administrative Agent means Bank of America in its capacity as administrative agent under any of the Loan Documents, or any successor administrative agent.

  • Subordinated Lender means each Seller, in its capacity as subordinated lender pursuant to the relevant Subordinated Loan Agreement.

  • Other Lender has the meaning ascribed to it in Section 8.5(d).

  • Irrevocable Letter of Credit means an irrevocable letter on the financial institution’s standard form containing a request that the party to whom it is addressed pay the bearer or a person named therein money as a result of failure to perform or fulfill all the covenants, undertakings, terms, conditions and agreements contained in a contract.

  • Warehouse Lender means any lender providing financing to Seller for the purpose of warehousing, originating or purchasing a Mortgage Loan, which lender has a security interest in such Mortgage Loan to be purchased by Purchaser.

  • Designated Lender shall have the meaning set forth in Section 16.2(b) hereof.

  • Tranche A Lender means a Lender with a Tranche A Commitment or an outstanding Tranche A Term Loan.

  • Funding Agent or "agents" means an investment firm, trust bank, or other financial

  • Mortgage Loan Borrower shall have the meaning assigned to such term in the recitals.

  • Committed Lender means, as to any Lender Group, each of the financial institutions listed on Schedule I as a “Committed Lender” for such Lender Group, together with its respective successors and permitted assigns.

  • Lead Lender means a lending insti- tution having a direct contractual rela- tionship with a borrower to advance funds, which institution sells or as- signs an interest or interests in such loan to one or more other lenders.

  • Appropriate Lender means, at any time, (a) with respect to Loans of any Class, the Lenders of such Class, (b) with respect to Letters of Credit, (i) the relevant L/C Issuer and (ii) the Revolving Credit Lenders and (c) with respect to the Swing Line Facility, (i) the Swing Line Lender and (ii) if any Swing Line Loans are outstanding pursuant to Section 2.04(a), the Revolving Credit Lenders.

  • Request for Credit Extension means (a) with respect to a Borrowing, conversion or continuation of Committed Loans, a Committed Loan Notice, (b) with respect to an L/C Credit Extension, a Letter of Credit Application, and (c) with respect to a Swing Line Loan, a Swing Line Loan Notice.

  • Term A Lender means (a) at any time on or prior to the Closing Date, any Lender that has a Term A Commitment at such time and (b) at any time after the Closing Date, any Lender that holds Term A Loans at such time.

  • L/C Lender a Lender with an L/C Commitment.

  • Administrative Agent Account an account designated by the Administrative Agent from time to time.