BORROWING RESTRICTIONS Clause Samples

The Borrowing Restrictions clause sets limits on a party’s ability to incur new debt or take on additional financial obligations. Typically, this clause outlines specific thresholds or conditions under which borrowing is permitted, such as requiring lender approval for loans above a certain amount or prohibiting certain types of debt altogether. Its core function is to protect the interests of the other party—often a lender or investor—by preventing excessive indebtedness that could jeopardize the borrower’s financial stability or the value of collateral.
BORROWING RESTRICTIONS. 10.4.1 Subject to any statutory requirements for the time being in force and the terms and conditions herein contained the Management Company may, at any time with the approval of Trustee make arrangements with Banks or other financial institutions for borrowing for the account of the Trust for meeting redemption requests. Provided, that the charges payable to such Bank or financial institution are not higher than the normal Bank charges. 10.4.2 Provided further that the maximum borrowing for the account of the Trust shall not exceed 15% (fifteen percent) of the total Net Asset Value of Fund at the time of borrowing and shall be repayable within a period of ninety (90) days but if subsequent to such borrowing, the Net Assets have reduced as a result of depreciation in the market value of the Trust Property or redemption of Units, the Management Company shall not be under any obligation to reduce such borrowing. 10.4.3 For the purpose of securing any such borrowing the Trustee may on the instruction of the Management Company; mortgage, charge or pledge in any manner all or any part of the Trust Property, provided that the aggregate amount to be secured by such mortgage, charge or pledge shall not exceed the limit provided in the Regulations. 10.4.4 Neither the Trustee nor the Management Company shall be required to issue any guarantee or provide security over their own assets for securing such borrowings on account of the Trust from Banks and financial institutions. The Trustee or the Management Company shall not in any manner be liable in their personal capacities for repayment of any borrowings. 10.4.5 The Trustee or the Management Company shall not incur any liability by reason of any loss to the Trust or any loss that a Unit Holder may suffer by reason of any depletion in the Net Asset Value that may result from any borrowing arrangement made hereunder in good faith.
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BORROWING RESTRICTIONS. Subject to the terms and conditions of this Agreement, during the Commitment Period each Lender may make (but is not obligated to make) a Money Market Rate Loan to the Company in such amount or amounts as the Company may from time to time request, provided that the sum of the total Loans outstanding under Sections 2.1A and 2.1B plus the aggregate principal amount of outstanding Competitive Loans at any time shall not exceed the Commitments which, as of the date hereof, total Two Hundred Ninety Million Dollars ($290,000,000) Subject to the provisions of this Agreement, the Company shall be entitled under this Paragraph B to borrow funds, repay the same in whole or in part and reborrow hereunder at any time and from time to time from any Lender making Money Market Rate Loans to the Company. The Administrative Agent shall not be involved, in its capacity as such agent, in any borrowing(s) by the Company under this Section 2.1B; provided, however, the Administrative Agent shall be advised by the Company of each such borrowing hereunder. The procedures for any such Loan shall be as agreed upon by the Company and each Lender making a Loan under this Paragraph B.
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BORROWING RESTRICTIONS. The amounts borrowed by the Windrace Group (as determined in accordance with the provisions of the relevant instrument) do not exceed any limitation on its borrowing powers contained in its articles of association or other constitutional documents, or in any debenture or other deed or document binding upon it.
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BORROWING RESTRICTIONS. Subject to the terms and conditions of this Agreement, during the Commitment Period each Lender may make (but is not obligated to make) a Money Market Rate Loan to the Company in such amount or amounts as the Company may from time to time request, provided that the sum of the total Loans outstanding under Sections 2.1A, 2.1B and 2.1C plus the aggregate
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BORROWING RESTRICTIONS. Each BCIMC Limited Partner has informed the General Partner that it is prohibited from issuing a debt obligation and the General Partner hereby agrees that without the consent of the applicable BCIMC Limited Partner: (i) it shall not require any BCIMC Limited Partner, or will it enter into any financing activity or transaction that may require any BCIMC Limited Partner, to be obligated, to execute or deliver a guarantee of any obligations of the Partnership or any other Person in connection with the Partnership; (ii) it will not require any BCIMC Limited Partner to make any payment or commit to make any payment in respect of its Capital Contributions other than to an account of the Partnership; and (iii) confirms that each BCIMC Limited Partner’s liability with respect to any debt obligations of the Partnership shall be limited to the extent of its limited liability as a Limited Partner of the Partnership. Notwithstanding the foregoing, the BCIMC Limited Partner acknowledges that each of the BCIMC Accident Fund Partner and the pooled investment portfolio known as “Realpool Global” may be permitted, in certain circumstances and subject to conditions, approvals and qualifications, to provide a guarantee in respect of certain secured asset financing of the Partnership or the Investment Entities, but in no event shall be obligated to provide such a guarantee.
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BORROWING RESTRICTIONS. Subject to the terms and conditions of this Agreement, during the Commitment Period each Bank may make (but is not obligated to make) a Money Market Rate Loan to the Company in such amount or amounts as the Company may from time to time request, not exceeding in aggregate principal amount, at any one time outstanding hereunder, the sum Two Hundred Fifty Million Dollars ($250,000,000). Subject to the provisions of this Agreement, the Company shall be entitled under this Paragraph B to borrow funds, repay the same in whole or in part and reborrow hereunder at any time and from time to time from any Bank making Money Market Rate Loans to the Company. The Administrative Agent shall not be involved, in its capacity as such agent, in any borrowing(s) by the Company under this Section 2.
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BORROWING RESTRICTIONS. Subject to the terms and conditions of this Agreement, during the Commitment Period each Bank may make (but is not obligated to make) a Money Market Rate Loan to the Company in such amount or amounts as the Company may from time to time request, not exceeding in aggregate principal amount, at any one time outstanding hereunder, the sum One Hundred Million Dollars ($100,000,000). Subject to the provisions of this Agreement, the Company shall be entitled under this Paragraph B to borrow funds, repay the same in whole or in part and reborrow hereunder at any time and from
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Related to BORROWING RESTRICTIONS

  • Funding Restrictions and Order Quantities The Agency reserves the right to reduce or increase estimated or actual quantities in whatever amount necessary without prejudice or liability to the Agency, if: 12.3.1 Funding is not available; 12.3.2 Legal restrictions are placed upon the expenditure of monies for this category of service or supplies; or, 12.3.3 The Agency’s requirements in good faith change after award of the contract.

  • Trading Restrictions The Company may establish periods from time to time during which Participant’s ability to engage in transactions involving the Company’s Common Stock is subject to specific restrictions (“Restricted Periods”). Participant may be subject to restrictions giving rise to a Restricted Period for any reason that the Company determines appropriate, including, restrictions generally applicable to employees or groups of employees or restrictions applicable to Participant during an investigation of allegations of misconduct or conduct detrimental to the Company or any Affiliate by Participant.

  • Offering Restrictions You will not make any offers or sales of Securities or any Other Securities in jurisdictions outside the United States except under circumstances that will result in compliance with (i) applicable laws, including private placement requirements, in each such jurisdiction and (ii) the restrictions on offers or sales set forth in any AAU or the Prospectus, Preliminary Prospectus, Offering Circular, or Preliminary Offering Circular, as the case may be. It is understood that, except as specified in the Prospectus or Offering Circular or applicable AAU, no action has been taken by the Manager, the Issuer, the Guarantor, or the Seller to permit you to offer Securities in any jurisdiction other than the United States, in the case of a Registered Offering, where action would be required for such purpose.

  • Selling Restrictions (i) Except as expressly set forth below, the Investor covenants that from and after the Closing Date through and including the Trading Day next following the expiration or termination of this Agreement (the “Restricted Period”), neither the Investor nor any of its Affiliates nor any entity managed or controlled by the Investor (collectively, the “Restricted Persons” and each of the foregoing is referred to herein as a “Restricted Person”) shall, directly or indirectly, (x) engage in any Short Sales involving the Company’s securities or (y) grant any option to purchase, or acquire any right to dispose of or otherwise dispose for value of, any shares of Common Stock or any securities convertible into or exercisable or exchangeable for any shares of Common Stock, or enter into any swap, hedge or other similar agreement that transfers, in whole or in part, the economic risk of ownership of the Common Stock. Notwithstanding the foregoing, it is expressly understood and agreed that nothing contained herein shall (without implication that the contrary would otherwise be true) prohibit any Restricted Person during the Restricted Period from: (1) selling “long” (as defined under Rule 200 promulgated under Regulation SHO) the Securities; or (2) selling a number of shares of Common Stock equal to the number of Shares that such Restricted Person is or may be obligated to purchase under a pending Fixed Purchase Notice, a pending VWAP Purchase Notice or a pending Additional VWAP Purchase Notice but has not yet taken possession of so long as such Restricted Person (or the Broker-Dealer, as applicable) delivers the Shares purchased pursuant to such Fixed Purchase Notice, such VWAP Purchase Notice or such Additional VWAP Purchase Notice (as applicable) to the purchaser thereof or the applicable Broker-Dealer upon such Restricted Person’s receipt of such shares of Common Stock from the Company pursuant to this Agreement. (ii) In addition to the foregoing, in connection with any sale of Securities (including any sale permitted by paragraph (i) above), the Investor shall comply in all respects with all applicable laws, rules, regulations and orders, including, without limitation, the requirements of the Securities Act and the Exchange Act.

  • Usage Restrictions Customer will not (a) make any Service or Content available to anyone other than Customer or Users, or use any Service or Content for the benefit of anyone other than Customer or its Affiliates, unless expressly stated otherwise in an Order Form or the Documentation, (b) sell, resell, license, sublicense, distribute, make available, rent or lease any Service or Content, or include any Service or Content in a service bureau or outsourcing offering, (c) use a Service or Non-▇▇▇▇▇▇ Application to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (d) use a Service or Non-▇▇▇▇▇▇ Application to store or transmit Malicious Code, (e) interfere with or disrupt the integrity or performance of any Service or third-party data contained therein, (f) attempt to gain unauthorized access to any Service or Content or its related systems or networks, (g) permit direct or indirect access to or use of any Services or Content in a way that circumvents a contractual usage limit, or use any Services to access or use any of ▇▇▇▇▇▇ intellectual property except as permitted under this Agreement, an Order Form, or the Documentation, (h) modify, copy, or create derivative works based on a Service or any part, feature, function or user interface thereof, (i) copy Content except as permitted herein or in an Order Form or the Documentation, (j) frame or mirror any part of any Service or Content, other than framing on Customer's own intranets or otherwise for its own internal business purposes or as permitted in the Documentation, (k) except to the extent permitted by applicable law, disassemble, reverse engineer, or decompile a Service or Content or access it to (1) build a competitive product or service, (2) build a product or service using similar ideas, features, functions or graphics of the Service, (3) copy any ideas, features, functions or graphics of the Service, or (4) determine whether the Services are within the scope of any patent.