BORROWERS Sample Clauses
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BORROWERS. The Available Securities may be loaned to any Borrower identified on the Schedule of Borrowers, as such Schedule may be modified from time to time by State Street and Client, including without limitation, the Capital Markets division of State Street; provided, however, if Available Securities are loaned to the Capital Markets division, in addition to being consistent with the terms hereof, said Loan shall be made in accordance with the terms of the Securities Loan Agreement attached hereto as Exhibit 3.1, as modified form time to time in accordance with the provisions hereof (hereinafter, the "State Street Securities Loan Agreement"). The form of the State Street Securities Loan Agreement may be modified by State Street from time to time, without the consent of the Client, in order to comply with the requirements of law or any regulatory authority having jurisdiction over State Street, the Client or the securities lending program or in any other manner that is not material and adverse to the interests of the Client. Client acknowledges that it is aware that State Street, acting as "Lender's Agent" hereunder and thereunder, is or may be deemed to be the same legal entity as State Street acting as "Borrower" under the State Street Securities Loan Agreement, notwithstanding the different designations used herein and therein or the dual roles assumed by State Street hereunder and thereunder. Client represents that the power granted herein to State Street, as agent, to lend U.S. Securities owned by Client (including, in legal effect, the power granted to State Street to make Loans to itself) and the other powers granted to State Street, as agent herein, are given expressly for the purpose of averting and waiving any prohibitions upon such lending or other exercise of such powers which might exist in the absence of such powers, and that transactions effected pursuant to and in compliance with this Agreement and the State Street Securities Loan Agreement will not constitute a breach of trust or other fiduciary duty by State Street. Client further acknowledges that it has granted State Street the power to effect securities lending transactions with the Capital Markets division of State Street and other powers assigned to State Street hereunder and under the Securities Loan Agreements and the State Street Securities Loan Agreement as a result of Client's desire to increase the opportunity for it to lend securities held in its account on fair and reasonable terms to...
BORROWERS. AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO SMT, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO WSC, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO NBL, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT CY FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS FLGAZ OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FTWIN001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT RI FTWIN OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT BTRLA001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT FIS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT SHS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT TPS BTRLA OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT MDFOR001 OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY SMT ELPTX001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality SMT NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL MNTCA001 OWNER, LP, a Delaware limited partnership By: ARC Hospitality NBL NTC Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITALITY NBL HYP SCHIL OWNER, LLC, a Delaware limited liability company By: /s/ P▇▇▇ ▇. ▇▇▇▇▇▇ Name: P▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory ARC HOSPITAL...
BORROWERS. ARCHITECTURAL GRANITE & MARBLE, LLC By: Name: Title: Address: c/o Trive Capital ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 1200 Dallas, TX 75201 Attn: Telecopy: PENTAL GRANITE & MARBLE, LLC By: Name: Title: Address: [__________________________________] [__________________________________] [__________________________________] Attn: Telecopy: AGENT: CERBERUS BUSINESS FINANCE, LLC By: Name: Title: Address: ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇▇▇ ▇▇▇▇ Telecopy: LENDERS: CERBERUS LEVERED LOAN OPPORTUNITIES FUND III, L.P. By: Cerberus Levered Opportunities III GP, LLC Its: General Partner By: _______________________________ Name: Title: CERBERUS NJ CREDIT OPPORTUNITIES FUND, L.P. By: Cerberus NJ Credit Opportunities GP, LLC Its: General Partner By: _______________________________ Name: Title: CERBERUS ASRS HOLDINGS LLC By: _______________________________ Name: Title: CERBERUS KRS LEVERED LOAN OPPORTUNITIES FUND, L.P. By: Cerberus KRS Levered Opportunities GP, LLC Its: General Partner By: _______________________________ Name: Title: CERBERUS PSERS LEVERED LOAN OPPORTUNITIES FUND, L.P. By: Cerberus PSERS Levered Opportunities GP, LLC Its: General Partner By: _______________________________ Name: Title: CERBERUS FSBA HOLDINGS LLC By: _______________________________ Name: Title: CERBERUS ND CREDIT HOLDINGS LLC By: _______________________________ Name: Title: CERBERUS OFFSHORE LEVERED III LP By: COL III GP Inc. Its: General Partner By: ______________________________ Name: Title: CERBERUS REDWOOD LEVERED LOAN OPPORTUNITIES FUND B, L.P. By: Cerberus Redwood Levered Opportunities GP B, LLC Its: General Partner By:_______________________________________ Name: Title: CERBERUS ICQ OFFSHORE LEVERED LP By: Cerberus ICQ Offshore GP LLC Its: General Partner By: ______________________________ Name: Title: CERBERUS ONSHORE LEVERED III LLC By: ______________________________ Name: Title: CERBERUS LOAN FUNDING XX L.P. By: Cerberus LFGP XX, LLC Its: General Partner By: ______________________________ Name: Title: CERBERUS REDWOOD LEVERED A LLC By: ______________________________ Name: Title: CERBERUS AUS LEVERED II LP By: ▇▇▇ ▇▇ GP, LLC Its: General Partner By: ______________________________ Name: Title: CERBERUS REDWOOD LEVERED B LLC By: ______________________________ Name: Title: CERBERUS ICQ LEVERED LLC By: ______________________________ Name: Title: CERBERUS LOAN FUNDING XIX L.P. By: Cerberus LFGP XIX, LLC Its: General Partner By: ______________________________ Name: Title: CERBERUS ICQ...
BORROWERS. THE AIR & PUMP COMPANY --------- By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ --------------------------- Title: Treasurer ------------------------ RSC ALABAMA, INC. By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ --------------------------- Title: Treasurer ------------------------ RSC INDUSTRIAL CORPORATION By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ --------------------------- Title: Chief Financial Officer ------------------------ RSC ▇▇▇▇▇ INC. By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ --------------------------- Title: Chief Financial Officer ------------------------ RSC RENTS, INC. By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ --------------------------- Title: Chief Financial Officer ------------------------ ▇▇▇▇▇▇ ▇▇▇▇▇ EQUIPMENT, INC. By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ --------------------------- Title: Treasurer ------------------------ PARENT GUARANTORS: RSC ACQUISITION CORP. ----------------- By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ --------------------------- Title: Chief Financial Officer ------------------------ RSC HOLDINGS, INC. By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ --------------------------- Title: Chief Financial Officer ------------------------ RENTAL SERVICE CORPORATION By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ --------------------------- Title: Chief Financial Officer ------------------------ AGENT: BT COMMERCIAL CORPORATION, ----- as Agent, as a Revolving Credit Lender and as a Term Loan Lender By: /s/ ▇▇▇▇▇▇ Sun --------------------------- Title: Vice President ------------------------ ISSUING BANK: BANKERS TRUST COMPANY, ------------ as Issuing Bank By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ --------------------------- Title: Vice President ------------------------ -S-2 REVOLVING CREDIT LENDERS: BANKBOSTON, N.A. ------------------------ By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------ Title: Director --------------------------- THE BANK OF NOVA SCOTIA By: /s/ ▇▇▇▇ ▇▇▇▇▇ ------------------------------ Title: Senior Relationship Manager --------------------------- BANK ONE, ARIZONA, NA By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ------------------------------ Title: Vice President --------------------------- BANQUE PARIBAS By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ -------------------------------------------- Title: Associate Director ----------------------------------------- BNY FINANCIAL CORPORATION By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇ ------------------------------ Title: Vice President ---------------------------- THE CIT GROUP/BUSINESS CREDIT, INC. By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ------------------------------- Title: Assistant Vice President ---------------------------- -S-3 COLORADO NATIONAL BANK By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇ ---------...
BORROWERS. Advanced Infusion Systems, Inc. American X-Rays, Inc. C.P.C. of Louisiana, Inc. Community Behavioral Health System, Inc. Community Psychiatric Centers of Arkansas, Inc. Community Psychiatric Centers of California Community Psychiatric Centers of Florida, Inc. Community Psychiatric Centers of Idaho, Inc. Community Psychiatric Centers of Indiana, Inc. Community Psychiatric Centers of Kansas, Inc. Community Psychiatric Centers of Mississippi, Inc. Community Psychiatric Centers of Missouri, Inc. Community Psychiatric Centers of North Carolina, Inc. Community Psychiatric Centers of Oklahoma, Inc. Community Psychiatric Centers of Utah, Inc. Community Psychiatric Centers Properties Incorporated Community Psychiatric Centers Properties of Oklahoma, Inc. Community Psychiatric Centers Properties of Texas, Inc. Community Psychiatric Centers Properties of Utah, Inc. Courtland Gardens Health Center, Inc. CPC Investment Corp. CPC Managed Care Health Services, Inc. CPC of Georgia, Inc. CPC Properties of Arkansas, Inc. CPC Properties of Illinois, Inc. CPC Properties of Indiana, Inc. CPC Properties of Kansas, Inc. CPC Properties of Louisiana, Inc. CPC Properties of Mississippi, Inc. CPC Properties of Missouri, Inc. CPC Properties of North Carolina, Inc. First Rehab, Inc. Florida Hospital Properties, Inc. Health Care Holdings, Inc. Health Care Technology, Inc. Helian ASC of Northridge, Inc. Helian Health Group, Inc. Helian Recovery Corporation Homestead Health Center, Inc. Horizon Healthcare Services, Inc.
BORROWERS. TURTLE BEACH CORPORATION, a Nevada corporation, formerly known as Parametric Sound Corporation
BORROWERS. The Available Securities may be loaned to any Borrower identified on Schedule D, the Schedule of Approved Borrowers, as such schedule may be modified from time to time by State Street and the Fund as stated herein. In no event may Available Securities be loaned to any Borrower who is an affiliate of State Street, whether or not such Borrower is listed on Schedule D. State Street shall provide the Funds with a list of current Borrowers that State Street has selected, and shall update such list monthly except where such list remains unchanged from the previous month. Except for any potential Borrowers with respect to whom a Fund notifies State Street in writing that the Borrower is unacceptable, the updated list shall become the amended Schedule D. Any Borrowers deleted from State Street’s list of current Borrowers shall automatically be deleted at the same time from Schedule D. State Street shall not be responsible for any statements, representations, warranties or covenants made by any Borrower in connection with any Loan or for any Borrower’s performance of or failure to perform the terms of any Loan under the applicable Securities Loan Agreement or any related agreement, including the failure to make any required payments, except as otherwise expressly provided herein.
BORROWERS. ▇▇▇▇▇▇▇ DYNAMICS, L.L.C. By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇▇ DYNAMICS FINANCE COMPANY By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇, LLC By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO HOLDINGS (for purposes of Section 8): ▇▇▇▇▇▇▇ DYNAMICS, INC. By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: VP CFO ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BRANCH, as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Title: Director By: /s/ ▇▇▇▇ Ivashkov Name: ▇▇▇▇ Ivashkov Title: Associate JPMORGAN CHASE BANK, N.A. as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Senior Vice President Wachovia Capital Finance Corporation (Central), as a Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Vice President ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BRANCH, as a Administrative Agent By: /s/ ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇’▇▇▇▇ Title: Director By: /s/ ▇▇▇▇ Ivashkov Name: ▇▇▇▇ Ivashkov Title: Associate THE BANKS AND FINANCIAL INSTITUTIONS LISTED HEREIN, as Lenders, CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH as Administrative Agent
BORROWERS. Securities may be lent to any Borrower selected by Chase in Chase's sole discretion, in accordance with the terms hereof. In that connection, Appendix 1 may be amended from time to time by Chase on notice to Lender.
BORROWERS. Securities may be lent to any Borrower listed in Appendix 1, as such Appendices may be updated from time to time to add new Borrowers and to delete entities that have ceased to be potential Borrowers. Chase will provide Lender with notice of each addition of a Borrower to such list. If Lender notifies Chase in writing within twenty Business Days from the date of any such notice that it objects to a potential Borrower, no Loans of Securities will be made to such potential Borrower. If Lender does not so object within such twenty Business Day period, each potential Borrower notified to Lender by Chase shall be deemed acceptable to Lender. If Lender notifies Chase that a Borrower or potential Borrower is not acceptable, Chase shall be responsible for ensuring that no Securities are lent to such entity.