BORROWER CAPACITY Sample Clauses
The Borrower Capacity clause defines the requirement that the borrower has the legal authority and ability to enter into and perform the obligations set out in the agreement. This typically involves confirming that the borrower is duly organized, validly existing, and has obtained all necessary approvals or consents to execute the contract. By including this clause, the lender ensures that the borrower is legally capable of fulfilling its commitments, thereby reducing the risk of the agreement being unenforceable due to lack of capacity.
BORROWER CAPACITY. In this Agreement, except where provided to the contrary:
(a) (REFERENCES TO BORROWER): a reference to the Borrower is a reference to the Borrower in its capacity as trustee of the PUMA Trust only, and in no other capacity; and
(b) (REFERENCES TO ASSETS OF THE BORROWER): a reference to the undertaking, assets, business or money of the Borrower is a reference to the undertaking, assets, business or money of the Borrower in the capacity referred to in paragraph (a).
BORROWER CAPACITY. We do not guarantee that a Borrower will seek a Loan for your Available Digital Assets on terms you find acceptable, or at all. If at any time the Available Digital Assets in our Program exceed Loan demand from Borrowers, lending opportunities will be allocated according to methods established by us from time to time. We may, but are not required to, maintain a waitlist if Borrower capacity is oversubscribed. A waitlist is not a guarantee that your Available Digital Assets will be Loaned to a Borrower.
BORROWER CAPACITY. Trust Deed and Sub-Fund Notice............................................................5 1.6 Incorporated Definitions and other Transaction Documents and provisions...................5