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. OSMOTICA PHARMACEUTICAL CORP. By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Chief Executive Officer ORBIT BLOCKER I LLC By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Chief Executive Officer ORBIT BLOCKER II LLC By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Chief Executive Officer VALKYRIE GROUP HOLDINGS, INC. By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Chief Executive Officer Third Amendment to Credit Agreement OSMOTICA HOLDINGS US LLC By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Chief Executive Officer OSMOTICA HOLDINGS CORP LIMITED By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Director By: /s/ ▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇ Title: Managing Director VERTICAL/TRIGEN HOLDINGS, LLC By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Chief Executive Officer OSMOTICA PHARMACEUTICAL US LLC By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Chief Executive Officer Third Amendment to Credit Agreement VERTICAL/TRIGEN MIDCO, LLC By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Chief Executive Officer VERTICAL/TRIGEN OPCO, LLC By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Chief Executive Officer VERTICAL PHARMACEUTICALS, LLC By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Chief Executive Officer TRIGEN LABORATORIES, LLC By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Chief Executive Officer Third Amendment to Credit Agreement CIT BANK, N.A., as Administrative Agent and Swingline Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Director CIT BANK, N.A., as a Lender and Joint Lead Arranger By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Director Third Amendment to Credit Agreement FIFTH THIRD BANK, as a Lender, Issuing Bank and Joint Lead Arranger By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice President — Leveraged Finance Third Amendment to Credit Agreement THE GOVERNOR AND COMPANY OF THE BANK OF IRELAND, as a Lender and Co-Syndication Agent By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Vice President By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Title: Vice President Third Amendment to Credit Agreement SILICON VALLEY BANK, as a Decreasing Lender and Joint Lead Arranger By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇ Title: Managing Director Third Amendment to Credit Agreement WHITNEY BANK DBA ▇▇▇▇▇▇▇ BANK, as a Lender and Co-Syndication Agent By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Senior Vice President Third Amendment to Credit Agreement REGIONS BANK, as a Lender and Co-Syndicat...
BORROWERS. Each Fund hereby authorizes State Street to effect Loans of Available Securities of the Fund with any person on State Street’s approved list of Borrowers, including, without limitation, State Street Bank and Trust Company and any affiliate thereof (each acting in the capacity of a Borrower, hereafter also referred to as an “SSB Borrower”) which list will be supplied to the Fund on request. Each Fund acknowledges that it is aware that State Street, acting as the Fund’s agent pursuant hereto, is or may be deemed to be the same legal entity as, or affiliated with, SSB Borrower acting as “Borrower” under a Securities Loan Agreement. Each Fund represents that (i) the power granted herein to State Street, as Fund’s agent, to enter into Loan transactions with Borrowers (including any SSB Borrower) and the other powers granted to State Street, as agent pursuant hereto, are given as a result of the Fund’s desire to increase its opportunity to lend securities held in its account on commercially reasonable terms, without such loans being considered a breach of State Street’s fiduciary duty, and are given expressly for the purpose of averting and waiving any prohibitions upon such lending, investment or exercise of such other powers which might otherwise exist in the absence of such powers, and (ii) transactions effected pursuant to and in compliance with this Agreement and any Securities Loan Agreement (including any Securities Loan Agreement with any SSB Borrower) will not constitute a breach of trust or other fiduciary duty or any other duty by State Street or affiliates thereof. In connection with a Loan to any SSB Borrower pursuant hereto, the Fund shall furnish, and State Street shall cause the applicable SSB Borrower to furnish, to State Street for delivery to the other, upon request (i) the most recent available audited statement of its financial condition, and (ii) the most recent available unaudited statement of its financial condition, if more recent than the audited statement. As long as any Loan to an SSB Borrower is outstanding under this Agreement, the Fund shall, and State Street shall cause the SSB Borrower to, in either case, upon request, also promptly deliver to the other (via State Street) all such recent financial information that is subsequently available, and any other financial information or statements that the other may reasonably request. In the event any such Loan is effected by State Street to SSB Borrower, State Street hereby covenants a...
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. Interamericana Health Care Group
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. AMB-SGP CALIFORNIA, LLC, a Delaware limited liability company By: AMB-SGP Operating Partnership, a Delaware limited partnership, its sole member By: AMB Property, L.P., a Delaware limited partnership, its general partner By: AMB Property Corporation, a Maryland corporation, its general partner By: /s/ G▇▇▇▇ ▇. ▇▇▇▇▇ Name: G▇▇▇▇ ▇. ▇▇▇▇▇ Title: Senior Vice President AMB-SGP CIF-CALIFORNIA, LLC, a Delaware limited liability company By: AMB-SGP Operating Partnership, a Delaware limited partnership, its sole member By: AMB Property, L.P., a Delaware limited partnership, its general partner By: AMB Property Corporation, a Maryland corporation, its general partner By: /s/ G▇▇▇▇ ▇. ▇▇▇▇▇ Name: G▇▇▇▇ ▇. ▇▇▇▇▇ Title: Senior Vice President AMB-SGP CIF-I, LLC, a Delaware limited liability company By: AMB-SGP Operating Partnership, a Delaware limited partnership, its sole member By: AMB Property, L.P., a Delaware limited partnership, its general partner By: AMB Property Corporation, a Maryland corporation, its general partner By: /s/ G▇▇▇▇ ▇. ▇▇▇▇▇ Name: G▇▇▇▇ ▇. ▇▇▇▇▇ Title: Senior Vice President AMB-SGP DOCKS, LLC, a Delaware limited liability company By: AMB-SGP Operating Partnership, a Delaware limited partnership, its sole member By: AMB Property, L.P., a Delaware limited partnership, its general partner By: AMB Property Corporation, a Maryland corporation, its general partner By: /s/ G▇▇▇▇ ▇. ▇▇▇▇▇ Name: G▇▇▇▇ ▇. ▇▇▇▇▇ Title: Senior Vice President AMB-SGP GEORGIA, LLC, a Delaware limited liability company By: AMB-SGP Operating Partnership, a Delaware limited partnership, its sole member By: AMB Property, L.P., a Delaware limited partnership, its general partner By: AMB Property Corporation, a Maryland corporation, its general partner By: /s/ G▇▇▇▇ ▇. ▇▇▇▇▇ Name: G▇▇▇▇ ▇. ▇▇▇▇▇ Title: Senior Vice President AMB-SGP CIF-ILLINOIS, L.P., a Delaware limited partnership By: AMB SGP CIF-Illinois GP LLC, a Delaware limited liability company, its general partner By: AMB Property II, L.P., a Delaware limited partnership, its sole member By: Texas AMB I, LLC, a Delaware limited liability company, its general partner By: AMB Property Holding Corporation, a Maryland corporation, its sole member By: /s/ G▇▇▇▇ ▇. ▇▇▇▇▇ Name: G▇▇▇▇ ▇. ▇▇▇▇▇ Title: Senior Vice President AMB-SGP TX/IL SUB, LLC a Delaware limited liability company By: AMB SGP TX/IL, L.P., a Delaware limited partnership, its sole member By: AMB Property II, L.P., a Delaware limited partnership, its general partner B...
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. 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. NOBEL LEARNING COMMUNITIES, INC. By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ ------------------------------------- ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, Executive Vice President MERRYHILL SCHOOLS, INC. By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ ------------------------------------- ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, Executive Vice President NEDI, INC. By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ------------------------------------- ▇▇▇▇▇▇▇ ▇▇▇▇▇, Vice President ------------------------------------- MERRYHILL SCHOOLS NEVADA, INC. By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇ ------------------------------------- ▇▇▇▇ ▇. ▇▇▇▇▇, Treasurer HOUSTON LEARNING ACADEMY, INC. By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇ ------------------------------------- ▇▇▇▇ ▇. ▇▇▇▇▇, Vice President (SIGNATURES CONTINUED ON FOLLOWING PAGE) PALADIN ACADEMY, L.L.C. By: NOBEL LEARNING COMMUNITIES, INC., its sole member' By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇ ------------------------------------- ▇▇▇▇ ▇. ▇▇▇▇▇, Executive Vice President ------------------------------------- NOBEL SCHOOL MANAGEMENT SERVICES, INC. By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ ------------------------------------- ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, Treasurer NOBEL LEARNING TECHNOLOGIES, INC. By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ ------------------------------------- ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, Treasurer NOBEL EDUCATION DYNAMICS FLORIDA, INC. By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ ------------------------------------- ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, Vice President THE ACTIVITIES CLUB, INC. By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇ ------------------------------------- ▇▇▇▇ ▇. ▇▇▇▇▇, President (SIGNATURES CONTINUED ON FOLLOWING PAGE) AGENT: ----- FLEET NATIONAL BANK, as successor by merger to Summit Bank, as Agent By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ ------------------------------------- ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, Vice President ----------------------------- LENDERS: ------- FLEET NATIONAL BANK, as successor by merger to Summit Bank By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ ------------------------------------- ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, Vice President -----------------------------