Lender Financing. If Purchaser’s obligations are contingent upon receiving lender financing, Purchaser shall make a complete written application and pay any required Lender costs within the time specified in Section IV. Contingencies. Purchaser shall use best efforts to obtain loan approval meeting the terms of Purchaser’s application, or terms more favorable to Purchaser. Loan approval meeting the terms of Purchaser’s application, or terms more favorable to Purchaser shall be accepted by Purchaser. Lender may require inspections and or work to be performed as a condition of loan approval, however Seller shall not be required to pay any part thereof. Purchaser acknowledges hereby that the minimum purchase price offered must be no less than the appraised value of the Property as determined by the appraisal obtained by Seller prior to the Property being announced for sale. If the appraised value of the Property obtained for purposes of financing is less than the Purchase Price and obtaining financing depends upon the appraised value of the Property, Seller shall not be required to lower the sale price for the real property.
Lender Financing. Project Co and/or its Affiliates shall each have the right to obtain financing from Lenders. In connection with any financing or refinancing of Project Co’s activities or any LNG production facility owned, operated or being developed by Project Co or any of its Affiliates, the Transporter shall, if so requested by Project Co, deliver to the relevant Lenders or the agent acting on behalf of any such Lenders (“Lenders’ Agent”), certified copies of its corporate charter and by-laws, resolutions, incumbency certificates, financial statements, opinions of counsel and such other items as available and upon reasonable request by Lenders or Lenders’ Agent. The Transporter shall not be required to provide any documents or information which would cause it to be in breach of Applicable Laws, including the rules of any recognized stock exchange.
Lender Financing. Seller, Tellurian Inc., Driftwood and their respective Affiliates shall have the right to obtain financing (including non-recourse or limited recourse financing) from Lenders. In connection with any financing or refinancing obtained by Seller, Tellurian Inc., Driftwood or their respective Affiliates, Buyer shall, if so requested by Seller, deliver to Seller’s, Tellurian Inc.’s, Driftwood’s or their respective Affiliates’ Lenders or the agent acting on behalf of any such Lenders (“Lenders’ Agent”) certified copies of its corporate charter, resolutions relevant to the financing, incumbency certificates, financial statements, and such other items or information upon the reasonable request by Lenders or Lenders’ Agent. Buyer shall not be required to provide any documents or information which would cause it to be in breach of Applicable Laws, including the rules of any recognized stock exchange on which Buyer’s stock is quoted. Any financial statements provided by Buyer shall only be provided to Lenders and/or Lenders’ Agent unless otherwise agreed to by Buyer in writing. Provided all costs and expenses are reimbursed by Seller, Buyer shall also provide to the Lenders and/or Lenders’ Agent legal opinions in respect of the documents which it and Seller are party to in the form and substance and from counsel reasonably acceptable to the Lenders and/or Lenders’ Agent.
Lender Financing. Tenant acknowledges that in order to construct the Improvements contemplated under this Lease, Landlord will finance the cost thereof through one or more loan facilities obtained from PNC Bank (“Lender”). Simultaneous with the execution of this Lease by Landlord and Tenant, Landlord, Tenant and Lender shall enter into a Subordination and Non-Disturbance Agreement in the form attached to this Lease as Exhibit “D” (the “SNDA”).
Lender Financing. Lender Financing will have and may exercise all rights and remedies to collect all monies owed to Lender Financing. Lease Sales Tax: Sales tax on the down payment shall be submitted to Lender Financing with each deal submitted. All other taxes: The dealer is responsible for all other taxes other than monthly sales tax for leases which will be deducted from the payment each month by Lender Financing.
Lender Financing. Seller and its Affiliates shall have the right to obtain financing (including non-recourse or limited recourse financing) from Lenders. In connection with any financing or refinancing obtained by Seller or its Affiliates, Buyer shall, if so requested by Seller, deliver to Seller’s or its Affiliate’s Lenders or the agent acting on behalf of any such Lenders (“Lenders’ Agent”) certified copies of its corporate charter and by-laws, resolutions, incumbency certificates, financial statements and other financial information, and such other items or information upon the reasonable request by Lenders or Lenders’ Agent. Buyer shall, at Seller’s cost, also provide to the Lenders and Lenders’ Agent legal opinions in form and substance and from counsel reasonably acceptable to the Lenders.
Lender Financing. Seller shall have the right to obtain financing from Lenders. In connection with any financing or refinancing of the Corpus Christi Facility, Buyer, shall, if so requested by Seller, deliver to Seller’s Lenders or the agent acting on behalf of any such Lenders (“Lenders’ Agent”) certified copies of its corporate charter and by-laws, resolutions, incumbency certificates, financial statements, and such other items as available and upon reasonable request by Lenders or Lenders’ Agent. Buyer shall not be required to provide any documents or information which would cause it to be in breach of Applicable Laws, including the rules of any recognized stock exchange on which Buyer’s stock is quoted.
Lender Financing. Seller, Driftwood and their respective Affiliates shall have the right to obtain financing (including non-recourse or limited recourse financing) from Lenders. In connection with any financing or refinancing obtained by Seller, Driftwood or their respective Affiliates, Buyer shall, if so requested by Seller, deliver to Seller’s, Driftwood’s or their respective Affiliate’s Lenders or the agent acting on behalf of any such Lenders (“Lenders’ Agent”) certified copies of its corporate charter and by-laws, resolutions, incumbency certificates, financial statements and other financial information, and such other items or information upon the reasonable request by Lenders or Lenders’ Agent. Buyer shall, at Seller’s cost, also provide to the Lenders and Lenders’ Agent legal opinions in form and substance and from counsel reasonably acceptable to the Lenders.
Lender Financing. Seller, Tellurian Inc., Driftwood and their respective Affiliates shall have the right to obtain financing (including non-recourse or limited recourse financing) from Lenders. In connection with any financing or refinancing obtained by Seller, Tellurian Inc., Driftwood or their respective Affiliates, Buyer shall, if so requested by Seller, deliver to Seller’s, Tellurian Inc.’s, Driftwood’s or their respective Affiliates’ Lenders or the agent acting on behalf of any such Lenders (“Lenders’ Agent”) certified copies of its corporate charter and by-laws, resolutions, incumbency certificates, financial statements and other financial information, and such other items or information upon the reasonable request by Lenders or Lenders’ Agent.
Lender Financing. The Original Agreement is being amended and restated to accommodate lender financing for Client. As of the Effective Date of this Agreement, the Client has entered into a financing arrangement (“Financing Arrangement”) with an administrative agent and other bank lenders. All documents encapsulating the Financing Arrangement and all other documents that provide credit to the Client are collectively, the “Credit Documents”, which shall include without limitation the Intercreditor Agreement and this Agreement.
