By Lender. Lender may assign its right, title and interest in this Agreement, in whole or in part, effective upon notice to Borrower and Pledgeholder. Following such assignment, this Agreement shall be binding upon and inure to the benefit of any such assignee. Such assignment shall be conditioned on compliance with any applicable state and federal securities laws and, upon request by Borrower, Lender shall furnish an opinion of counsel to such effect, reasonably satisfactory to the Issuer and Borrower.
By Lender. If any Brooke Party fails to comply with subsection (a) above, such Brooke Party authorizes the Lender to file financing or continuation statements, and amendments thereto and assignments thereof, relating to all or any part of the Collateral without the signature of the Borrower, BWF, the Servicer or the Seller where permitted by law in order to enable the Lender to exercise its respective rights and remedies under this Agreement. A photocopy or other reproduction of this Agreement shall be sufficient as a financing statement where permitted by law. The Lender will promptly send to the Borrower any financing or continuation statements thereto which it files without the signature of the Borrower (but a failure to do so shall not affect the effectiveness of such statements).
By Lender. Without the prior written consent of Lender, the Borrowers and Guarantors will at all times comply with the covenants contained in this Article V, from the date hereof and for so long as any part of the Notes or the Commitment is outstanding.
By Lender. On the date on which the Advance is to be made, the Lender shall make the Advance available to the Borrower by crediting the same in favour of the Borrower to the account of a licensed bank in Singapore set out in the Borrower’s notice of drawdown under Clause 4(A)(1) or by drawing on a licensed bank in Singapore a cheque in favour of the Borrower, no later than the date on which the Advance is to be made, before close of business in Singapore on that date, or in such other manner as may be agreed by the Lender. All costs and expenses (including bank charges and all costs and expenses of purchasing any currency) incurred in the making of the Advance shall be borne by the Borrower.
By Lender. Lender shall deliver the original Note marked "paid in full" (or a lost note affidavit if the original Note is unavailable) to Exxxx Xxxx, Esq. at the following address: c/o Bewley, Lassleben & Mxxxxx, 510 Whittier Square, 10000 Xxxx Xxxx Xxxxxx, Xxxxxxxx, Xxxxxxxxxx, 00000.
By Lender. On the date on which the Advance is to be made, the Lender shall make the Advance available to the Borrower by making payment of the same to the parties set out in the Borrower’s notice of drawdown under Clause 4(A) (1), no later than the date on which the Advance is to be made, before close of business in Singapore on that date, or in such other manner as may be agreed by the Lender. All costs and expenses (including bank charges and all costs and expenses of purchasing any currency) incurred in the making of the Advance shall be borne by the Borrower.
By Lender. Lender hereby agrees to indemnify, defend and hold harmless Borrower and their respective affiliates and any of their respective officers, directors, employees, agents, consultants or other representatives from and against all Liabilities, to the extent arising out of or relating to any Claim by any third party based on, arising out of or relating to Lender's breach of any of its representations, warranties or obligations set forth in this Agreement; provided, however, Lender's obligation to provide such indemnity will not apply to the extent that such Liabilities are incurred as a result of the breach by Borrower in any material respect of their obligations under this Agreement.
By Lender. If it is determined that Lender is to receive an additional principal payment, Borrower shall, within five (5) business days after determination of the accounting firm, remit such sum to Lender. If it is determined that Borrower has over-paid such monthly principal payment, Borrower at its option, may either credit such amount against the next month's principal payment or apply such amount to reduce the principal amount outstanding under the Note.
By Lender. In confirmation of the provisions of this Agreement, Lender, for itself and for all persons claiming by or through it, hereby releases, acquits and fully discharges Borrower and his heirs and assigns from any and all claims, liabilities, causes of action, damages or expenses, known or unknown, accrued or unaccrued, contingent or other-wise, whether sounding in contract or tort, arising on or before the date hereof, under common law or by statute or regulation, that is based upon facts arising prior to the date of this Agreement, with respect to any matter or action related to the matters described in this Agreement and any other matters and relationships between the parties, SAVE AND EXCEPT only those obligations referred to in Section 4.3 below.
By Lender. The Lender may at its own cost assign or transfer all or any of its rights or obligations under the Finance Documents at any time provided only that it notifies the Borrower which it may do at any time before or after any such transfer.