Borrowing. Upon receipt of Proper Instructions, the Custodian shall deliver securities of a Portfolio to lenders or their agents, or otherwise establish a segregated account as agreed to by the applicable Fund on behalf of such Portfolio and the Custodian, as collateral for borrowings effected by such Portfolio, provided that such borrowed money is payable by the lender (a) to or upon the Custodian's order, as Custodian for such Portfolio, and (b) concurrently with delivery of such securities.
Borrowing. No Company shall create, incur or have outstanding any Indebtedness of any kind; provided that this Section 5.8 shall not apply to the following:
Borrowing. The Company may borrow for Company purposes from any source upon such terms and conditions as the Chief Manager may determine. The Chief Manager shall and hereby is empowered to execute and deliver on behalf of the Company any and all promissory notes, security agreements, deeds of trust and other documents and instruments required by the lender in connection therewith.
Borrowing. 4.34 Except as permitted in the Academies Financial Handbook, the Academy Trust must not borrow against Publicly Funded Assets, or so as to put Publicly Funded Assets at risk, without the Secretary of State’s consent.
Borrowing. The borrowing limit for any FUND is 33 1/3 percent of total assets. Entering into a reverse repurchase agreement shall be considered "borrowing" as that term is used herein. FOREIGN INVESTMENTS - DIVERSIFICATION The diversification guidelines to be followed by international and global FUNDS are as follows:
Borrowing. Subject to Section 17-607 of the Act, the Partnership may borrow funds in order to make the Tax Distributions or Expense Amount Distributions.
Borrowing. The CTA shall not use borrowed money to leverage any trades, unless otherwise approved by the General Partner. EXHIBIT B COMMODITY TRADING AUTHORITY Dear Wxxxxx Capital Management Limited: Mxxxxx Sxxxxxx Managed Futures WCM I, LLC (the “Trading Company”) and Demeter Management Corporation, the Trading Company’s Trading Manager (the “Trading Manager”) do hereby make, constitute and appoint you as the Trading Company’s attorney-in-fact to buy and sell futures and forward contracts through such futures commission merchants as shall be agreed on by you and the Trading Manager on behalf of the Trading Company, pursuant to the trading program identified in the Agreement among the Trading Company, the Trading Manger and you as of the ____ day of _________, 2007, as amended or supplemented, and in accordance with the terms and conditions of said Agreement. This authorization shall terminate and be null, void and of no further effect simultaneously with the termination of the said Agreement. Very truly yours, MXXXXX SXXXXXX MANAGED FUTURES WCM I, LLC by Demeter Management Corporation Trading Manager By Wxxxxx Xxxxx Chairman and President DEMETER MANAGEMENT CORPORATION By Wxxxxx Xxxxx Chairman and President EXHIBIT C FUTURES INTERESTS TRADED
Borrowing. Create, incur, assume or suffer to exist any liability for Indebtedness, or permit any Restricted Subsidiary so to do, except (i) Indebtedness under the Notes and the other Loan Documents, and Indebtedness under the Notes and the other Loan Documents (in each case as defined in the Other Credit Agreement); (ii) Indebtedness (including Contingent Obligations) of the Borrower and the Restricted Subsidiaries existing on the date hereof as set forth in Part A of Schedule 8.1; (iii) Indebtedness (including Contingent Obligations) of EZ and its subsidiaries which, upon the consummation of the EZ Acquisition, shall have been assumed by the Borrower and/or the Restricted Subsidiaries as set forth in Part B of Schedule 8.1, (iv) unsecured Indebtedness in an aggregate outstanding principal amount not in excess of $1,500,000 in connection with the acquisition of Property by the Borrower, provided that immediately before and after giving effect thereto all representations and warranties contained in the Loan Documents shall be true and correct and no Default or Event of Default shall exist; (v) unsecured Indebtedness of the Borrower in an aggregate amount not in excess of $7,500,000 in connection with the issuance of standby letters of credit for the account of the Borrower; (vi) Indebtedness of the Borrower evidenced by (A) the ARS Subordinated Indenture Notes, (B) the 1996 Exchange Subordinated Indenture Notes and the 1997 Exchange Subordinated Indenture Notes, provided that, in the case of this clause (B), immediately before and after giving effect to the incurrence thereof, no Default or Event of Default shall exist, and (C) after the consummation of the EZ Acquisition, the EZ Indenture Notes; (vii) Indebtedness of the Restricted Subsidiaries evidenced by the ARS Subordinated Indenture Subsidiary Guaranty and, after the consummation of the EZ Acquisition, the EZ Indenture Subsidiary Guaranty; (viii) Permitted Subordinated Debt; (ix) refinancings of any Indebtedness permitted under clause (ii), (iii), (iv) or (v) above with Indebtedness permitted under clause (i) or (viii) above; and (x) refinancings of any Indebtedness permitted under clause (vi), (vii) or (viii) above with other Indebtedness permitted under clause (viii) above.
Borrowing. The costs of borrowing any sums required for the provision of the Estate Services at normal commercial rates available in the open market or if any such sums are loaned by the Landlord or a Group Company of the Landlord interest at Base Rate. 17 VAT Irrecoverable VAT on any of the foregoing.
