Waiving Borrower definition

Waiving Borrower has the meaning set forth in Section 14.04.
Sample 1
Waiving Borrower shall have the meaning set forth in Section 12.04. US $[ ] [ , ] FOR VALUE RECEIVED, the undersigned (“Borrower”) jointly and severally (if more than one) promises to pay to the order of FANNIE MAE, the corporation duly organized under the Federal National Mortgage Association Charter Act, as amended, 12 U.S.C. §1716 et seq. and duly organized and existing under the laws of the United States (“Fannie Mae”), the principal sum of Dollars (US $ ), with interest on the unpaid principal balance from the Disbursement Date until fully paid at the rates applicable from time to time set forth in this Variable Loan Note (“Note”). This Note is executed and delivered by Borrower pursuant to that certain Master Credit Facility Agreement, dated as of February 27, 2013 by and among Borrower, Fannie Mae and others (as amended, modified, supplemented or restated from time to time, the “Master Agreement”), to evidence the obligation of Borrower to repay a Variable Loan made by Fannie Mae to Borrower in accordance with the terms of the Master Agreement. This Note is entitled to the benefit and security of the Loan Documents provided for in the Master Agreement, to which reference is hereby made for a statement of all of the terms and conditions under which the Variable Loan evidenced hereby is made. All references to Loan Documents and Security Documents herein shall be with respect to Collateral Pool 4 (the “Collateral Pool”) as further identified in the Master Agreement.
Sample 1
Waiving Borrower shall have the meaning set forth in Section 14.04. Pinnacle at South Mountain BRE-FMAZ, LLC, a Delaware limited liability company 0000 Xxxx Xxxxxxxxx Xxxx, Phoenix, Maricopa County, Arizona 85044 $ 37,073,000 Pinnacle at Towne Center BRE-FMAZ, LLC, a Delaware limited liability company 0000 Xxxx Xxxxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx Xxxxxx, Xxxxxxx 00000 $ 31,766,000 Pinnacle at BellCentre BRE-FMCA, LLC, a Delaware limited liability company 000 000xx Xxxxxx, XX, Xxxxxxxx, Xxxx Xxxxxx, Xxxxxxxxxx 00000 $ 44,800,112 Pinnacle on Lake Washington BRE-FMCA, LLC, a Delaware limited liability company 0000 Xxxx Xxxxxxxxxx Xxxxxxxxx Xxxxx, Xxxxxx, Xxxx Xxxxxx, Xxxxxxxxxx 00000 $ 26,181,000 Avenue 64 BRE-FMCA, LLC, a Delaware limited liability company 0000 Xxxxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxx Xxxxxx, Xxxxxxxxxx 00000 $ 48,149,840 Bridgeport Coast BRE-FMCA, LLC, a Delaware limited liability company 00000 Xxxxxxx Xxxxx Xxxx, Xxxxx Xxxxxxx, Xxx Xxxxxxx Xxxxxx, Xxxxxxxxxx 00000 $ 37,800,000 Pinnacle at Carmel Creek BRE-FMCA, LLC, a Delaware limited liability company 00000 Xxxxxx Xxxxx Xxxx, Xxx Xxxxx, Xxx Xxxxx Xxxxxx, Xxxxxxxxxx 00000 $ 84,213,174 Pinnacle at Fullerton BRE-FMCA, LLC, a Delaware limited liability company 000 Xxxx Xxxxxxxxxxxx Xxxxxx, Xxxxxxxxx, Xxxxxx Xxxxxx, Xxxxxxxxxx 00000 $ 47,428,514 Palms at Laguna Niguel BRE-FMCA, LLC, a Delaware limited liability company 00000 Xxxxxxx Xxxxxxx, Laguna Niguel, Orange County, California 92677 $ 81,930,000 Pinnacle at MacArthur Place BRE-FMCA, LLC, a Delaware limited liability company 00 XxxXxxxxx Xxxxxxxx, Xxxxx Xxx, Orange County, California 92707 $ 57,724,308 Pinnacle at Otay Ranch BRE-FMCA, LLC, a Delaware limited liability company 0000 Xxxxx Xxxx Xxxxx, Chula Vista, San Diego County, California 91913 $ 67,203,000 Xxxxx Ranch BRE-FMCA, LLC, a Delaware limited liability company 000 Xxxxx Xxxxx Road, Sacramento, Sacramento County, California 95864 $ 46,206,241 Xxxxxx Xxxxx BRE-FMCA, LLC, a Delaware limited liability company 000 Xxxxxx Xxxx Drive, Menlo Park, San Mateo County, California $ 105,963,780 Pinnacle at Talega BRE-FMCA, LLC, a Delaware limited liability company 000 Xxxxx Xxxxxxx, Xxx Xxxxxxxx, Xxxxxx Xxxxxx, Xxxxxxxxxx 00000 $ 73,950,378 Pinnacle at Westridge BRE-FMCA, LLC, a Delaware limited liability company 00000 Xxxxxx Xxxxx Xxx, Xxxxxxxx, Xxx Xxxxxxx Xxxxxx, Xxxxxxxxxx 00000 $ 51,600,000 US $ , 20 FOR VALUE RECEIVED, the undersigned (individually and collectively, “Borrower”) jointly and severally (if mor...
Sample 1

Examples of Waiving Borrower in a sentence

  • These rights and defenses being waived by the Waiving Borrower include, but are not limited to, any rights or defenses based upon Section 580a, 580b, 580d or 726 of the California Code of Civil Procedure.

  • The Waiving Borrower hereby waives any and all benefits and defenses under California Civil Code Section 2809 and agrees that by doing so the Waiving Borrower’s liability may be larger in amount and more burdensome than that of the other Borrower.

  • The Waiving Borrower hereby waives the benefit of all principles or provisions of law that are or might be in conflict with the terms of any of its waivers, and agrees that the Waiving Borrower’s waivers shall not be affected by any circumstances that might otherwise constitute a legal or equitable discharge of a surety or a guarantor.

  • The Waiving Borrower hereby waives the benefit of all principles or provisions of law, which are or might be in conflict with the terms of any of its waivers, and agrees that the Waiving Borrower’s waivers shall not be affected by any circumstances, which might otherwise constitute a legal or equitable discharge of a surety or a guarantor.

  • Nevertheless, the Waiving Borrower hereby authorizes and empowers Lender to exercise, in its sole and absolute discretion, any right or remedy, or any combination thereof, which may then be available, since it is the intent and purpose of the Waiving Borrower that its waivers shall be absolute, independent and unconditional under any and all circumstances.

  • Without limiting the generality of the foregoing or any other provision hereof, the Waiving Borrower further expressly waives, except as provided in Section 14.04(g) below, to the extent permitted by law any and all rights and defenses, which might otherwise be available to it under California Civil Code Sections 2787 to 2855, inclusive, 2899 and 3433, or under California Code of Civil Procedure Sections 580a, 580b, 580d and 726, or any of such sections.

  • Subject to the last sentence of Section 14.03, the foregoing sentence is an unconditional and irrevocable waiver of any rights and defenses the Waiving Borrower may have because the Other Borrower Secured Obligation is secured by real property.

  • Nevertheless, the Waiving Borrower hereby authorizes and empowers Lender to exercise, in its sole and absolute discretion, any right or remedy, or any combination thereof, that may then be available, since it is the intent and purpose of the Waiving Borrower that its waivers shall be absolute, independent and unconditional under any and all circumstances.

  • Without limiting the generality of the foregoing or any other provision hereof, the Waiving Borrower further expressly waives, except as provided in Section 12.04(g) below, to the extent permitted by law any and all rights and defenses, which might otherwise be available to it under California Civil Code Sections 2787 to 2855, inclusive, 2899 and 3433, or under California Code of Civil Procedure Sections 580a, 580b, 580d and 726, or any of such sections.

  • Without limiting the generality of the foregoing or any other provision hereof, the Waiving Borrower further expressly waives, except as provided in Section 14.05(g) below, to the extent permitted by law any and all rights and defenses that might otherwise be available to it under California Civil Code Sections 2787 to 2855, inclusive, 2899 and 3433, or under California Code of Civil Procedure Sections 580a, 580b, 580d and 726, or any of such sections.

Related to Waiving Borrower

  • Funding Borrower shall have the meaning set forth in Section 20.12 hereof.

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

  • Purchasing Borrower Party means Holdings or any subsidiary of Holdings.

  • 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.

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

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

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

  • Original Borrower shall have the meaning set forth in the recitals hereto.

  • means Borrower s forecasted consolidated and consolidating:

  • U.S. Loan Party means any Loan Party that is organized under the laws of one of the states of the United States and that is not a CFC.

  • 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”.

  • Subsidiary Borrowers as defined in the preamble hereto.

  • Borrower as defined in the preamble hereto.

  • Account Party has the meaning specified therefor in Section 2.11(h) of this Agreement.

  • Applicant Borrower has the meaning specified in Section 2.14.

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

  • Loan Parties’ Agent means Xxxxxxxx Group Holdings Limited (formerly known as Rank Group Holdings Limited).

  • 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.

  • New Borrower means (a) each New Company that is a Company Borrower, and (b) each other Company (including a New Company) acting on behalf of, and for the account of, each Series thereof that is a New Fund.

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

  • Revolving Borrowing means a borrowing consisting of simultaneous Revolving Loans of the same Type and, in the case of Eurodollar Rate Loans, having the same Interest Period made by each of the Lenders pursuant to Section 2.01.

  • 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:

  • 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.

  • Foreign Borrowers means the Canadian Borrower, the Dutch Borrower, and the U.K. Borrowers.

  • Loan Party means the Borrower and each Guarantor.

  • Refunding Borrowing means a Committed Borrowing which, after application of the proceeds thereof, results in no net increase in the outstanding principal amount of Committed Loans made by any Bank.