Approval Notice. Buyer’s notice delivered to Seller (if at all) under Section 4(l) of the Agreement.
Approval Notice. All sick leave shall be approved by the designated Department representatives. Employees who do not become ill on the job shall call in as required by Department policy before the beginning of their shift when using sick leave.
Approval Notice. Buyer shall have timely given the Approval Notice to Seller in accordance with the provisions of Section 6.7.
Approval Notice. If Buyer determines that it is satisfied with its due diligence, in Buyer’s sole discretion, at any time on or prior to the Satisfaction Date, then Buyer may decide to waive its additional time up to the Satisfaction Date and proceed to Closing by providing written notice to Seller with a copy to the Title Company (an “Approval Notice”). If Buyer does not timely deliver an Approval Notice to Seller, then this Agreement will automatically terminate without the need for any notice, the Xxxxxxx Money will be returned to Buyer, and neither Party shall have any further rights or liability to the other Party, except as otherwise expressly provided in this Agreement. If Buyer does timely deliver an Approval Notice, then the Xxxxxxx Money shall become non-refundable in favor of Seller (subject to Sections 5, 9, and 17), but shall remain applicable to the Purchase Price.
Approval Notice. This Amendment constitutes Buyer’s Approval Notice under Section 4(c) of the Purchase Agreement and shall be deemed properly delivered and accepted upon its execution and delivery by Seller and Buyer. Buyer has no further right to terminate the Purchase Agreement pursuant to Section 4(c) of the Purchase Agreement, and the Deposit is non-refundable to Buyer except as otherwise expressly provided in the Purchase Agreement.
Approval Notice. DATE ELIGIBLE LOAN ASSET INFORMATION See Attached Schedule I Approved Exceptions to Eligibility Criteria for Loan Asset See Attached Schedule II XXXXXX XXXXXXX APPROVAL Approval Good Until Approval Conditioned Upon IN WITNESS WHEREOF, the undersigned has executed this Approval Notice as of the date first written above. XXXXXX XXXXXXX SENIOR FUNDING, INC., as the Administrative Agent By: Name: Title: SCHEDULE I TO EXHIBIT A ELIGIBLE LOAN ASSET INFORMATION Obligor Name Seasoning Period Start Date Tranche Description Par Amount Purchase Price (specify any discount) Eligible Currency Unfunded Exposure Amount BSL (Y/N) Recurring Revenue Loan (Y/N) Maturity Date Industry [Reset Cut- Off Date] Cut-Off Financial Statement Date Cut-Off Interest Coverage Ratio Cut-Off EBITDA Cut-Off Total Leverage Assigned Value Advance Rate Exhibit A-3 SCHEDULE II TO EXHIBIT A APPROVED EXCEPTIONS TO ELIGIBILITY CRITERIA FOR LOAN ASSET Exhibit A-1 EXHIBIT B FORM OF BORROWING BASE CERTIFICATE [_____] [__], 20[__] Reference is made to that certain Loan and Servicing Agreement, dated as of February 1, 2019 (as the same may be amended, modified, supplemented, restated or replaced from time to time in accordance with the terms thereof, the “Loan and Servicing Agreement”), by and among Xxxxx Capital BDC Funding II LLC, as the borrower, Xxxxx Capital BDC, Inc., as the originator and servicer, Xxxxxx Xxxxxxx Senior Funding, Inc., in its capacity as administrative agent for the Lenders, each of the lenders from time to time party thereto (the “Lenders”), each of the securitization subsidiaries from time to time party thereto, and Xxxxx Fargo Bank, National Association, as the collateral agent, the account bank and the collateral custodian. Capitalized terms used but not defined herein shall have the meanings provided in the Loan and Servicing Agreement. As of the date hereof, the undersigned each certify that (i) all of the information set forth in Annex I attached hereto is true, correct and complete, (ii) no Event of Default or Servicer Default has occurred and no Unmatured Event of Default or Borrowing Base Deficiency exists under the Loan and Servicing Agreement; and (iii) solely with respect to itself, each of the representations and warranties contained in the Loan and Servicing Agreement is true, correct and complete. Certified as of the date first written above. XXXXX CAPITAL BDC FUNDING II LLC, as the Borrower By: Name: Title: XXXXX CAPITAL BDC, INC., as the Servicer By: Name: Title...
Approval Notice. By the end of the Due Diligence Period, Buyer shall complete its review of the Service Contracts, Preliminary Title Report, Due Diligence Materials, and any surveys, inspections, reports and studies which Buyer has decided to obtain or perform with respect to the physical, legal, environmental, and financial condition of the Property, and, if Xxxxx has elected to proceed with the purchase of the Property, will deliver to Seller, with a copy to the Title Company, written notice stating that Buyer has unconditionally approved all such items (an “Approval Notice”). If Buyer fails to deliver an Approval Notice to Seller by the end of the Due Diligence Period, it shall be deemed that Buyer has disapproved the Property, and this Agreement and the Escrow established hereunder shall automatically terminate, the Lease shall continue in full force and effect, and the parties shall have no further obligations to one another hereunder except those that, by their terms, expressly survive the termination hereof. Seller shall, under no circumstances, be obligated to perform, cure or otherwise satisfy any conditions objected to by Buyer unless, by the express terms of this Agreement, Seller has agreed to take such actions, such as Seller’s agreement to remove all of Seller’s Monetary Encumbrances on or before the Closing Date. Buyer may deliver an Approval Notice via fax or e-mail, so long as it concurrently delivers written notice via one of the other methods approved below.
Approval Notice. After it has received an Approval Request and any reasonably requested Additional Loan Information, the Administrative Agent shall either deliver an Approval Notice in relation to such Loan, or notify the Servicer in writing that no Approval Notice will be given in relation to such Loan.
Approval Notice. Bxxxx’s execution and delivery of this Amendment shall be deemed to be Buyer’s delivery of the Approval Notice as set forth in Section 3(A) of the Purchase Agreement.
Approval Notice. If Buyer determines that it is satisfied with its due diligence, in Xxxxx’s sole discretion, at any time on or prior to the Satisfaction Date, then Buyer may decide to waive its additional time up to the Satisfaction Date and proceed to Closing by providing written notice to Seller with a copy to the Title Company (an “Approval Notice”).
