Bank Loans Sample Clauses

Bank Loans. The Borrower represents, warrants and covenants to the Secured Parties as follows:

Bank Loans. The Custodian shall, in connection with bank loans, bank loan participations and bank loan assignments (whether in the U.S. or outside the U.S.) ("Bank Loans"), record, hold, and segregate for the account of a Fund, on behalf of its applicable Portfolios, all instruments, certificates, agreements and/or other documents evidencing such Bank Loans entered into by the Fund, on behalf of its applicable Portfolios (collectively, "Financing Documents") which the Custodian may receive. The Custodian shall be under no obligation to examine the contents or determine the sufficiency of any Financing Documents or to provide any certification with respect thereto. The Custodian shall be entitled to assume the genuineness, sufficiency and completeness of any Financing Documents received. The Custodian shall maintain records of all locations of such Financing Documents, together with a current inventory thereof. Upon receipt of Proper Instructions, the Custodian shall promptly deliver to a Fund, on behalf of the applicable Portfolio, or its designee, any Financing Documents being held on behalf of such Portfolio. Each Fund, on behalf of the applicable Portfolios, shall cause the Custodian to be named as its nominee for any Bank Loan and shall otherwise provide for the direct payment of all amounts due and payable to such Fund, on behalf of the applicable Portfolios, with respect to any Bank Loan. In addition, the Fund shall provide the Custodian with information it receives from the bank or other entity managing a Bank Loan or Financing Document regarding expected interest and principal payments with respect to the Bank Loans. The Custodian shall deliver to each applicable Fund regular reports with respect to its Bank Loans and the Financing Documents with such frequency as may be mutually agreed. The Custodian shall provide the Funds with prompt notice of any electronic information it actually receives regarding the Bank Loans or Financing Documents. The Custodian shall have no responsibilities or duties whatsoever under this Agreement, with respect to Bank Loans or Financing Documents, except for such responsibilities and duties as are expressly set forth herein.

Bank Loans. Subject to the satisfaction of the terms and conditions of Section 4.03 hereof, on each Conversion Date any unpaid principal amount of an Advance on such Conversion Date shall automatically convert into a Bank Loan and the proceeds of such Bank Loan shall be used to pay in full the related Advance.

Bank Loans. The Bank agrees, on the terms and conditions hereinafter set forth, including the conditions set forth in Section 4.03 hereof, to make a Bank Loan to the City on each Conversion Date in an amount equal to the outstanding principal amount of the related Advance that matures on such Conversion Date; provided, however, that the aggregate outstanding principal amount of all Loans shall at no time exceed the amount of the Commitment.

Bank Loans. If the Company requires funds in addition to Party B's initial ----------- capital contribution under article S.2, the parties shall use their best efforts to obtain all such funds from Chinese or foreign banks. The Company shall grant such security over its assets as the lender may require.

Bank Loans. If the Board of Directors shall at any time determine that there is a need for the Joint Venture Company to obtain external financing, the JV Parties will assist the Joint Venture Company to seek and obtain commercial loans or other financing arrangements from banks and other financial institutions on competitive market terms and otherwise as the Joint Venture Company may reasonably require. None of the JV Parties (or any of their representatives) shall be obligated under this Agreement or otherwise to provide any guarantee or security for any such loans in favor of the Joint Venture Company, unless specifically agreed in writing by such JV Party (or its duly authorized representative).

Bank Loans. Subject to the terms and conditions of this Agreement, including without limitation the satisfaction of the conditions set forth in Sections 9.1, 9.2, 9.3 and 9.6, each Bank severally agrees to make loans (collectively, the "Bank Loans") to the Borrower from time to time during the Bank Loan Commitment Period in an aggregate principal amount at any time outstanding not to exceed such Bank's Commitment Percentage of the Total Bank Loan Commitments. Bank Loans shall be made as either (a) Bank Project Loans, if the proceeds thereof are to be used to pay Project Costs or to repay Equity Funding Loans on the Completion Date as permitted by Section 10.1(c), (b) Bank L/C Loans, if the proceeds thereof are to be used (i) to finance VP Reimbursement Obligations or Bond Reimbursement Obligations arising in respect of Refunding Drawings or (ii) to refinance Bank Liquidity Loans outstanding on the applicable Bond L/C Expiration Date, or (c) Bank Liquidity Loans, if the proceeds thereof are to be used to finance Bond Reimbursement Obligations arising in respect of Liquidity Drawings; provided that (x) the aggregate principal amount of outstanding Bank Project Loans may not exceed the Total Bank Project Loan Commitments then in effect and (y) the aggregate principal amount of outstanding Bank L/C Loans and Bank Liquidity Loans may not exceed the Total Bank L/C Loan Commitments then in effect. Subject to Section 3.5, the Bank Loans (other than Bank Liquidity Loans) from time to time may be (A) Eurodollar Loans, (B) C/D Rate Loans, (C) Base Rate Loans or (D) a combination thereof, as determined by the Borrower and notified to the Administrative Agent in accordance with Sections 3.2 and 3.5. The Bank Liquidity Loans shall be Base Rate Loans.

Bank Loans. The Members shall (i) use all reasonable efforts to arrange banking facilities at the most favorable commercial rates then available for any borrowing required by, or advisable in connection with, the Base Business Plan and (ii) cause the Company to grant a security interest in its assets in connection with such financing.

Bank Loans. (a) Section 3.16(a) of the ICB Letter sets forth a complete and accurate list of each loan or other commitment to make a loan and any other contingent exposures (such as letters of credit) on Bank’s books and records as of the date of this Agreement (collectively, the “Bank Loans”). Each Bank Loan (i) was made and has been serviced in the ordinary course of business in all material respects, unless specifically noted in Section 3.16(a) of the ICB Letter, (ii) is evidenced by appropriate and sufficient documentation, (iii) to the extent underwritten as secured, has been secured by valid Encumbrances which have been perfected and provide Bank with its anticipated priority as a secured lender, and (iv) constitutes, to the Knowledge of Bank, the legal, valid and binding obligation of the obligor named therein, enforceable in accordance with its terms in all material respects (except as enforcement may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer and similar Laws of general applicability relating to or affecting creditors’ rights or by general equity principles) and is in full force and effect. Bank has previously made available to ANC complete and correct copies of its lending policies. The loan agreements and lending policies of Bank are in compliance in all material respects with all applicable Laws. Each Bank Loan has been solicited and originated, and is currently serviced, in accordance in all material respects with all applicable Laws. Notwithstanding the foregoing, no representation contained in this Section 3.16 shall be construed as a guarantee of the collectability of the Bank Loans, the sufficiency of the collateral securing any Bank Loan, or the realizable value of any of Bank’s assets. (b) Section 3.16(b) of the ICB Letter discloses as of the end of the month immediately preceding the date of this Agreement (i) any Bank Loan under the terms of which the obligor is more than 30 days delinquent in payment of principal or interest, or to the Knowledge of Bank, in default of any other provision thereof (each a “Delinquent Loan”), (ii) each Bank Loan which has been classified as “other loans specially mentioned,” “classified,” “criticized,” “substandard,” “doubtful,” “credit risk assets,” “watch list assets” or “loss” (or words of similar import) by Bank or any Governmental Entity (the “Classified Loans”), (iii) a listing of the real estate owned, acquired by foreclosure or by deed-in-lieu thereof or ...