Lender Confirmation Sample Clauses

Lender Confirmation. The Lender confirms that it will not register any debenture or mortgage granted by any Credit Party in favour of the Lender in respect of any Material Leasehold Interest unless a Landlord Agreement in respect of such Material Leasehold Interest has been executed and delivered by the applicable landlord.

Lender Confirmation. By executing and delivering an Assignment and Assumption, each Lender assignor party thereto and each assignee party thereto confirm to each other and other parties hereto as follows: (a) such assignee is an Eligible Assignee; (b) such assignee has experience and expertise in the making of or purchasing loans such as the Loans; (c) such assignee will make or purchase Loans for its own account in the ordinary course of its business and without a view to distribution of such Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 12.20.6, the disposition of such Loans or any interests therein shall at all times remain within its exclusive control); (d) such assignee agrees that it will perform in accordance with their terms all the obligations that by terms of this Agreement are required to be performed by it as a Lender; (e) such assignee has received a copy of the Credit Documents, together with the copies of the current financial statements that will have been delivered by Borrowers hereunder and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into such Assignment and Assumption; (f) such assignee will, independently and without reliance upon Administrative Agent, such assigning Lender or any other Secured Party and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement; (g) such assignee appoints and authorizes each of Administrative Agent and Collateral Agent to take such action on its behalf and to exercise such powers and discretion under the Credit Documents as are delegated to each such agent respectively by the terms hereof and thereof, together with such powers and discretion as are reasonably incidental thereto; (h) other than as provided in the Assignment and Assumption, such assigning Lender makes no representation and warranty and assumes no responsibility with respect to any statements, warranties or representations made in or in connection with the Credit Documents or the execution, legality, validity, enforceability, genuineness, sufficiency or value of, or the perfection or priority of any lien or security interest created or purported to be created under or in connection with, the Credit Documents and any other document or instrument furn...

Lender Confirmation. Lender, by its execution hereof hereby confirms to the Company and the LLC that the Credit Agreement constitutes a bona fide extension of credit to Pledgor by Lender and that such extension of credit is with recourse to Pledgor.

Lender Confirmation. Each Lender shall specify on the date of this Agreement whether it is or is not a Swiss Qualifying Bank (or if unknown, shall indicate its status is unknown, in which case it shall be treated by the Swiss Borrower (and each Swiss Subsidiary) as if it were not a Swiss Qualifying Bank) and confirm that it counts as a single Lender for purposes of the Swiss Non-Bank Rules. A Swiss Borrower (and each Swiss Subsidiary) shall have the right to refuse an initial Lender if this would lead to a breach of the Swiss Ten Non-Bank Rule. Each Lender that becomes a party to this Agreement after the date of this Agreement shall specify whether it is or is not a Swiss Qualifying Bank and confirm that it counts as a single Lender for purposes of the Swiss Non-Bank Rules. If a Lender fails to indicate its status in accordance with this Section 2.17(i), then that Lender shall be treated for the purposes of this Agreement (including with respect to the Swiss Borrower (and each Swiss Subsidiary)) as if it is not a Swiss Qualifying Bank until such time as it notifies the Administrative Agent of its status (and the Administrative Agent, upon receipt of such notification, shall inform each Swiss Borrower of its status). For the avoidance of doubt, (A) the documentation that a Lender executes on becoming a party to this Agreement shall not be invalidated by any failure of a Lender to comply with this Section 2.17(i) and (B) none of the Loan Documents shall be invalidated by any failure of a Lender to comply with this Section 2.17(i) or to indicate its status is unknown.

Lender Confirmation. Execution and delivery to the Agent by a Lender of a counterpart to this Agreement shall be deemed confirmation by such Lender that (i) all conditions precedent in Subpart 5.1 have been fulfilled to the satisfaction of such Lender and (ii) the decision of such Lender to execute and deliver to the Agent an executed counterpart to this Agreement was made by such Lender independently and without reliance on the Agent or any other Lender as to the satisfaction of any condition precedent set for in Subpart 5.1. [The remainder of this page is intentionally left blank.]

Lender Confirmation. 10.10.1 Each Lender warrants and represents that, as at the date of this Agreement in relation to Advances to be made to a UK Borrower, acting through its relevant Lending Office, it is a Qualifying Lender. 10.10.2 Each Lender confirms that, if a Borrower requests that Lender to complete any form or certificate, or to take any other related action which would enable any deduction or withholding on payments made by such Borrower to such Lender to be reduced from the amount of deduction or withholding which it would otherwise be required by law to make, and the completion of such form or certificate or the carrying out of such action would not, in the relevant Lender's opinion, prejudice its business affairs, such Lender shall complete such form or certificate or carry out such action promptly on it receiving the relevant Borrower's written request so to do. 10.10.3 Each Lender confirms that, in respect of its Participation in any Advance to a UK Borrower, if it ceases to be a Qualifying Lender on or before the date when the Advance is made to the relevant Borrower, or at any time is not beneficially entitled to the interest received from such Borrower, or being beneficially entitled to the interest, at any time is not within the charge to UK corporation tax in respect of such interest (in each case, for whatever reason), it shall promptly notify the relevant Borrower, in writing of its change in status.

Lender Confirmation. This Lender does business under the legal name set forth on the cover page and the preamble to this Agreement which corresponds to the name of that FEIN itemized on the cover page of this Agreement and is registered with the Internal Revenue Service. Under penalties of perjury, the Lender certifies that FEIN is its correct Federal Taxpayer Identification Number.

Lender Confirmation. Each Lender confirms that its Commitment is being provided to the Borrower on the basis of the Borrower’s properties, assets and credit only. 77

Lender Confirmation. With reasonable promptness, the Lender shall determine whether Defeasance is then permitted as provided in Section 1(d), whether the terms of the Defeasance Notice are reasonably acceptable to it and, if requested to do so by the Defeasance Notice, shall obtain from ▇▇▇▇▇▇ Mae a commitment to issue a ▇▇▇▇▇▇ ▇▇▇ Investment Security to effect the Defeasance. Lender shall, thereupon, notify the Borrower of its determination and, if it is able to obtain a commitment from ▇▇▇▇▇▇ ▇▇▇ to issue a ▇▇▇▇▇▇ Mae Investment Security to effect the Defeasance, the price of such ▇▇▇▇▇▇ ▇▇▇ Investment Security. After Lender notifies the Borrower of the availability of a ▇▇▇▇▇▇ Mae Investment Security in accordance with the foregoing, the Borrower will have one (1) Business Day to accept such commitment and to pay the related Defeasance Commitment Fee.