Examples of Top Borrower in a sentence
The Top Borrower shall pay such Lender or the L/C Issuer, as the case may be, the amount shown as due on any such certificate within 15 days after receipt thereof.
For purposes of this Section, “Information” means all non-public information received from the Top Borrower or any of its Subsidiaries relating to the Top Borrower or any Subsidiary or any of their respective businesses, other than any such information that is available to the Administrative Agent or any Lender on a nonconfidential basis prior to disclosure to any such Person by the Top Borrower or any Subsidiary.
The Top Borrower shall not permit the Interest Coverage Ratio as of the last day of any Test Period to be less than 2.00 to 1.00.
Neither the Top Borrower nor any Restricted Subsidiary is in default under or with respect to any Contractual Obligation that could, either individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
A certificate of a Lender or the L/C Issuer setting forth the amount or amounts necessary to compensate such Lender or the L/C Issuer or its holding company, as the case may be, as specified in subsection (a) or (b) of this Section and delivered to the Top Borrower shall be conclusive absent manifest error.
Notwithstanding the foregoing, the Top Borrower shall not be permitted to make any Borrowing of Revolving Loans and no new Letters of Credit shall be issued until the Top Borrower has received the Specified Equity Contribution or all Defaults have been otherwise waived in accordance with the terms herein.
Prior to or on the Required Contribution Date (solely to the extent the Top Borrower has the ability to cure a Financial Covenant Default pursuant to this Section 7.10(d)), neither the Administrative Agent nor any Lender shall impose default interest, accelerate the Obligations or exercise any other remedy against the Top Borrower, any other Loan Party or any Collateral solely on the basis of the Financial Covenant Default hereunder.
The Administrative Agent may consult with legal counsel (who may be counsel for the Top Borrower), independent accountants and other experts selected by it, and shall not be liable for any action taken or not taken by it in accordance with the advice of any such counsel, accountants or experts.
Each policy evidencing such insurance shall name the Administrative Agent as loss payee and additional insured, as applicable, and the Top Borrower shall use commercially reasonable efforts to ensure that such policies provide that such insurance companies provide the Administrative Agent thirty (30) days (or ten (10) days in the case of termination for failure to pay premium) written notice before the termination thereof.
The Top Borrower shall, and shall cause each Restricted Subsidiary to, conduct its businesses in material compliance with, as applicable, the United States Foreign Corrupt Practices Act of 1977, the UK Bribery Act 2010 and any other anti-corruption, anti-bribery and anti-money laundering laws, regulations and rules in any applicable jurisdiction, and the Top Borrower and each Restricted Subsidiary shall maintain policies and procedures designed to prevent violation of such laws, regulations and rules.