Surviving Bank has the meaning set forth in Section 1.03.
Existing Borrower s Re-Fix Rate" means at any date the fixed rate then being offered to those of the Seller's existing Borrowers who at that date are seeking to fix the rate of interest payable under their existing Fixed Rate Mortgage Loan with the Seller for the applicable period;
Surviving Company has the meaning set forth in Section 2.1.
Purchasing Borrower Party means Holdings or any subsidiary of Holdings.
Designated Borrower has the meaning specified in the introductory paragraph hereto.
Surviving Corporation has the meaning set forth in Section 2.1.
Funding Borrower shall have the meaning set forth in Section 20.12 hereof.
Domestic Subsidiary Borrower any Subsidiary Borrower which is a Domestic Subsidiary.
Borrowing Subsidiary means, at any time, any Subsidiary of the Company designated as a Borrowing Subsidiary by the Company pursuant to Section 2.19 that has not ceased to be a Borrowing Subsidiary pursuant to such Section or Article 7.
Subsidiary Borrowers means, collectively (i) each Domestic Subsidiary of the Company that is a party to this Agreement as a “Borrower” on the Effective Date and (ii) each Domestic Subsidiary of the Company that becomes a party to this Agreement as a “Borrower” following the Effective Date pursuant to Section 5.14, in each case, until such time as such Domestic Subsidiary is released from its obligations under the Loan Documents in accordance with this Agreement.
Subsidiary Borrower mean each Subsidiary of the Company that shall become a Subsidiary Borrower pursuant to Section 2.19, so long as such Subsidiary shall remain a Subsidiary Borrower hereunder. As of the date hereof, there are no Subsidiary Borrowers party hereto.
Foreign Borrower has the meaning specified in the introductory paragraph hereto.
Surviving General Partner has the meaning set forth in Section 11.2(d)(i)(A).
Surviving Entity has the meaning set forth in Section 2.1.
Foreign Borrowers means the Canadian Borrower, the Dutch Borrower, and the U.K. Borrowers.
U.S. Borrower means any Borrower that is a U.S. Person.
Co-Borrowers has the meaning specified in the introductory paragraph to this Agreement.
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.
Wholly Owned Subsidiary Guarantor any Subsidiary Guarantor that is a Wholly Owned Subsidiary of the Borrower.
Co-Borrower shall have the meaning assigned to such term in the introductory paragraph of this Agreement.
Successor Borrower has the meaning assigned to such term in Section 6.07(a).
Foreign Guarantor means any Guarantor that is not organized under the laws of the United States or any jurisdiction within the United States.
Surviving Business Entity has the meaning assigned to such term in Section 14.2(b).
Canadian Subsidiary Guarantor each Canadian Subsidiary of any Canadian Borrower which executes and delivers the Canadian Guarantee and Collateral Agreement, in each case, unless and until such time as the respective Canadian Subsidiary Guarantor ceases to constitute a Canadian Subsidiary of the Parent Borrower or is released from all of its obligations under the Canadian Guarantee and Collateral Agreement in accordance with the terms and provisions thereof.
Foreign Subsidiary Holding Company means any Domestic Subsidiary that is a direct parent of one or more Foreign Subsidiaries and holds, directly or indirectly, no other assets other than Equity Interests of Foreign Subsidiaries and other de minimis assets related thereto.
German Borrower means a Borrower incorporated in Germany.