Loans hereunder. If Borrower makes a request for a Loan as provided herein Agent, at its option and in its sole and absolute discretion, shall do either of the following:
Loans hereunder. Notwithstanding the stated principal amount of the Note, the Borrower shall in no event be obligated to repay more than the aggregate of (i) the unpaid balance of Advances made to or for the benefit of the Borrower by the Bank, together with interest thereon at the rate or rates determined as provided in this Agreement; (ii) Borrower's obligations in respect of each Letter of Credit which is issued or outstanding as provided herein, and (iii) all of Borrower's Swap Obligations, as and when the same are due and payable in accordance with the terms of this Agreement and the Swap Documents. All of the Obligations are and shall be evidenced by the Note and secured by the Mortgages, the Assignments and the other Loan Documents.
Loans hereunder. All Advances shall be evidenced by the Note, which shall be executed and delivered to the Bank prior to any Advance. Notwithstanding the stated principal amount of the Note, the Borrower shall in no event be obligated to repay more than the aggregate unpaid balance of Advances made to or for the benefit of the Borrower by the Bank, together with interest at the rate specified in the Note (defined below) on each Advance from the date it is made by the Bank.
Loans hereunder. The parties hereto acknowledge and agree that, notwithstanding the provisions regarding assignments set forth in Section 11.06 hereof, as of the Amendment Effective Date, (i) the Commitments and Applicable Percentages for each of the Lenders are as set forth on Schedule 1.01(b) and (ii) each Lender whose loan commitments under the Existing Credit Agreement is greater than its Commitments hereunder shall be deemed to have assigned, without recourse, to one or more Lenders such portion of such decreasing Lender’s existing loans and commitments under the Existing Credit Agreement as shall be necessary to effectuate the reallocation of commitments and existing loans contemplated hereby. Notwithstanding anything to the contrary in the Existing Credit Agreement or this Agreement, no other documents or instruments, including any Assignment and Assumption, shall be executed in connection with such assignments (all of which requirements are hereby waived), and such assignments shall be deemed to be made with all applicable representations, warranties and covenants as if evidenced by an Assignment and Assumption. On the Amendment Effective Date, the Lenders shall make full cash settlement with each other through the Administrative Agent with respect to all assignments, reallocations and other changes in commitments contemplated hereby such that after giving effect to such settlements each Lender’s Applicable Percentage with respect to the applicable Facility shall be as set forth on Schedule 1.01(b); provided, that the foregoing re-allocations and deemed assignments shall not give rise to, and each Lender hereby waives, payment of any additional amounts under Section 3.05.
Loans hereunder. If Borrower makes a request for a Revolving Loan as provided herein, or if Agent desires to make a Revolving Loan pursuant to any other provision of this Agreement or any Related Agreement that permits Agent to advance Revolving Loans to Borrower, Agent, at its option and in its sole and absolute discretion, shall do either of the following:
Loans hereunder. If, at any time, the rate of interest, together with all amounts which constitute interest and which are reserved, charged or taken by the Lenders as compensation for fees, services or expenses incidental to the making, negotiating or collection of the Loans or the other Obligations, shall be deemed by any competent court of Law, Governmental Authority or tribunal to exceed the maximum rate of interest permitted to be charged by any Lender to Borrower under applicable Law, then, during such time as such rate of interest would be deemed excessive, that portion of each sum paid attributable to that portion of such interest rate that exceeds the maximum rate of interest so permitted shall be deemed a voluntary prepayment of principal without penalty (including, without limitation, prepayment fees required pursuant to §4.2(a) hereof). As used herein, the term “applicable Law” shall mean the Law in effect as of the date hereof, provided, however, that in the event there is a change in the Law which results in a higher permissible rate of interest, then this Agreement and the Notes shall be governed by such new Law as of its effective date.
Loans hereunder. The Borrowers shall take action to avoid and mitigate the amount of any damages claimed against the L/C Issuer or any other Letter of Credit Related Person, including by enforcing its rights against the beneficiaries of the Letters of Credit. Any claim by the Borrowers under or in connection with any Letter of Credit shall be reduced by an amount equal to the sum of (x) the amount (if any) saved by the Borrowers as a result of the breach or alleged wrongful conduct complained of; and (y) the amount (if any) of the loss that would have been avoided had the Borrowers taken all reasonable steps to mitigate any loss, and in case of a claim of wrongful dishonor, by specifically and timely authorizing the L/C Issuer to effect a cure.
Loans hereunder. Purchaser agrees to provide Seller with such information as is reasonably necessary for Seller to discharge such obligations and hereby appoints Seller as its agent in its name for the purposes of, and only for the purposes of, performing such obligations. Seller hereby agrees to indemnify Purchaser and its respective officers, directors, agents and employees from any losses suffered by any such party in connection with Seller's obligations under this Article XXI.