Lender Confirmation. Each Lender which becomes a party to this Agreement on the day on which this Agreement is entered shall confirm whether or not it is a Qualifying Lender and, if it is a UK Treaty Lender, shall provide the UK Borrower notice to that effect, in each case within 10 Business Days of this Agreement. Each Lender which becomes a party to this Agreement pursuant to an Assignment and Assumption shall indicate in the Assignment and Assumption whether or not it is a Qualifying Lender and if it is a UK Treaty Lender, shall include an indication to that effect in the Assignment and Assumption. For the avoidance of doubt, the Agreement or an Assignment and Assumption shall not be invalidated by any failure of a Lender to comply with this Section 2.16(i).
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. 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. 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. 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. 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. IN WITNESS WHEREOF the parties hereto have executed this Agreement. BORROWER: Address: THE VALENS COMPANY INC. The Valens Company Inc. 000 Xxxxxx Xxxx Per: Xxxxxxx, XX X0X0X0 Name: Canada Title: [Redacted] Per: With a copy to : Name: Title: Stikeman Elliott LLP 0000 Xxxxxxxx Xxxxx Xxxx 000 Xxx Xxxxxx Xxxxxxx, Xxxxxxx X0X 0X0 Xxxxxx [Redacted] LENDER: Address: SNDL Inc. SNDL Inc. 000 - 00 Xxxxxx XX, Xxxxx 000 Per: Xxxxxxx, XX X0X 0X0 Name: Title: [Redacted] With a copy to : XxXxxxxx Xxxxxxxx XXX 66 Wellington Street West, Suite 5300 Xxxxxxx, XX X0X 0X0 Xxxxxx Attention: [Redacted] Email: [Redacted]
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. (The remainder of this page intentionally left blank. Signature page follows.)
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.
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 Xxxxxx Mae a commitment to issue a Xxxxxx Xxx 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 Xxxxxx Xxx to issue a Xxxxxx Mae Investment Security to effect the Defeasance, the price of such Xxxxxx Xxx Investment Security. After Lender notifies the Borrower of the availability of a Xxxxxx 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.
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
