Surviving Borrower definition

Surviving Borrower shall have the meaning provided in the preamble to this Agreement.
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Surviving Borrower as defined in the preamble hereto.
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Surviving Borrower has the meaning assigned to such term in the definition of “Borrower Merger”.
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Examples of Surviving Borrower in a sentence

  • On the applicable Reorganization Date (or on or before the date hereof for each reorganization with a Reorganization Date prior to the date hereof), each Terminating Borrower shall provide a manually signed certificate of the authorized officers of such Terminating Borrower and the applicable Surviving Borrower to the effect that such Surviving Borrower has assumed all of the Obligations of such Terminating Borrower.

  • The Banks acknowledge that the Reorganization Date is subject to shareholder approval and other customary closing conditions and, as result, the Reorganization Date may differ from the date set forth on Schedule A, in which case the Surviving Borrower will notify the Operations Agent.

  • For the avoidance of doubt, none of the assumption by a Surviving Borrower of the obligations of a Non-Surviving Borrower in a Borrower Merger, any reallocation of Subcommitments (including any Voluntary Reallocation or other reallocation pursuant to Section 2.07) or the conversion or continuation of a Borrowing as the same or a different Type (without increase in the principal amount thereof) shall be considered to be the making of a Loan or an issuance, extension or renewal of a Letter of Credit.

  • Neither FSIC II nor FSIC III may at any time as a result of a reallocation under this clause (iii) hold Subcommitments in excess of 65% of the total Commitments hereunder unless such Borrower is the Surviving Borrower in a Borrower Merger.

  • Upon the consummation of a Borrower Merger, at the request of the Surviving Borrower, each Lender shall promptly return each promissory note (if any) of each Non-Surviving Obligor in its possession to the Surviving Borrower (or provide a certification to the Surviving Borrower that such promissory note has been lost or destroyed).

  • As of the date of the consummation of such Borrower Merger, each Issuing Bank (if any) of each Non-Surviving Borrower shall immediately become one of the Issuing Banks for the Surviving Borrower and each Issuing Bank authorizes, and instructs the Administrative Agent to amend Schedule I accordingly.

  • In connection with and concurrently with the effectiveness of a Borrower Merger, all of the Subcommitments, Loans and LC Exposures (if any) of the Non-Surviving Obligors will be reallocated to the Surviving Borrower, in each case ratably among the applicable Lenders.

  • EXPLORER INVESTOR CORPORATION, as Holdings By: /s/ Xxx Xxxxxxxx Name: Xxx Xxxxxxxx Title: Vice President EXPLORER MERGER SUB CORPORATION, as Initial Borrower By: /s/ Xxx Xxxxxxxx Name: Xxx Xxxxxxxx Title: Vice President BOOZ XXXXX XXXXXXXX INC., as Surviving Borrower By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Chairman and Chief Executive Officer By: /s/ XX Xxxxxxx Name: XX Xxxxxxx Title: Secretary CREDIT SUISSE, CAYMAN ISLANDS BRANCH, as Administrative Agent and a Lender By: /s/ Xxxx X.

  • On the Closing Date, the Surviving Borrower shall become a “Borrower” and shall have all the rights and obligations of the Borrower hereunder and under the Fee Letters (including all such rights and obligations of the Initial Borrower hereunder and thereunder) by delivery to the Administrative Agent of the Borrower Joinder duly executed by the Surviving Borrower and the other documents with respect to the Surviving Borrower contemplated by Sections 4.02(e), (f), (g) and (h).

  • To the knowledge of the Borrower, such financial statements present fairly, in all material respects the consolidated financial position, results of operations and cash flows of the Surviving Borrower as of such dates and for such periods in accordance with GAAP.


More Definitions of Surviving Borrower

Surviving Borrower as defined in the definition of “Successor Borrower Transaction”.
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Surviving Borrower has the meaning assigned to such term in the preamble.
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Surviving Borrower means the entity succeeding the Borrower as a result of the consummation of the East/West Merger.
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Surviving Borrower is defined in Section 6.10.
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Surviving Borrower as defined in Schedule 1.1E.
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Related to Surviving Borrower

  • Surviving Bank has the meaning set forth in Section 1.03.

  • 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 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.

  • Subsidiary Borrowers as defined in the preamble hereto.

  • 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”.

  • Foreign Borrower means any Borrower that is organized under the laws of a jurisdiction other than the Unites States, a state thereof or the District of Columbia.

  • Surviving General Partner has the meaning set forth in Section 7.01(d) hereof.

  • 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 means Wholly Owned Restricted Subsidiaries organized in any Applicable Jurisdiction from time to time designated by the Borrower to the Administrative Agent as “borrowers” with respect to Borrowings in accordance with Section 11.01, and “Co-Borrower” means any one of them.

  • 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 Parent and each Guarantor that is a Foreign Subsidiary.

  • 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 Subsidiary the primary assets of which consist of Capital Stock in (i) one or more Foreign Subsidiaries or (ii) one or more Foreign Subsidiary Holding Companies.

  • 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.

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