Multiple Lenders. If an Event of Default occurs with regards to a Borrower with multiple Lenders, the Borrower will not make or permit any payment or prepayment of any Loans owing by Borrower unless Borrower concurrently makes a pro-rata payment or prepayment of all loans owing by Borrower.
Multiple Lenders. This Lending Agreement shall, and shall be deemed to, create a separate agreement for each series or investment company (in the case of an investment company that does not consist of a separate series) listed on Exhibit A. For any Loan, each reference in this Lending Agreement to Lender shall be, and shall be deemed to be, a reference solely to the particular series or investment company to which that Loan relates. In no circumstances shall the rights, obligations or remedies with respect to a particular series or investment company, as the case may be, constitute a right, obligation or remedy with respect to any other series or investment company. Specifically, and without limiting the scope of the foregoing, Bank shall have no right to set off claims of, or amounts payable to, one series or investment company, as the case may be, by applying property of any other series or investment company.
Multiple Lenders. For any Loan under this Agreement, each reference in the Agreement to Lender shall be deemed a reference solely to the particular Lender to which such Loan relates. In no circumstances shall the rights, obligations or remedies of Manager with respect to a particular Lender constitute a right, obligation or remedy applicable to any other lender. Furthermore, in no circumstances shall the rights, obligations or remedies of a particular Lender with respect to Manager be applicable to any other lender with respect to Manager. With respect to any Lender that is organized as a business trust (or a series thereof), Manager is hereby expressly put on notice of the limitation of liability set forth in the Declaration of Trust or similar instrument of such Lender and agrees that the obligations assumed by such Lender hereunder shall be limited in all cases to that Lender and its assets, and Manager shall not seek satisfaction of any such obligation from the officers, agents, employees, directors, trustees, or shareholders of such Lender.
Multiple Lenders. This agreement shall be deemed to create a separate agreement for each Customer as though each Customer separately executed an identical agreement. For any Loan under this Agreement, each reference in the Agreement to Customer shall be deemed a reference solely to the particular Customer to which such Loan relates. In no circumstances shall the rights, obligations or remedies of U.S. Bank with respect to a particular Customer constitute a right, obligation or remedy applicable to any other Customer. Specifically, and without otherwise limiting the scope of this Section 14, U.S. Bank shall have no right to set off claims or amounts payable related to one Customer by applying property of any other Customer. Furthermore, in no circumstances shall the rights, obligations or remedies of a particular Customer with respect to U.S. Bank constitute a right, obligation or remedy of any other Customer with respect to U.S. Bank.
Multiple Lenders. INTERPRETATION Where the term "Lender" comprises more than one person (as defined in Clause 1.2.4) (each such person being a "Group Lender") the obligations and liabilities of each Group Lender under the Scheme Documents shall, where the context requires, be several and not joint and several and any references to "Lender", "Party" or "Parties" shall be construed, and all relevant agreements and undertakings on each Group Lender's part shall take effect, accordingly provided that:-
Multiple Lenders. A borrower’s listing may be matched with more than one bid, and therefore you may be one of several Lenders who purchase a Note resulting from multiple bids being matched with a listing. In these instances, your Note is separate and distinct from the Notes of the other Lenders, and is enforceable in accordance with its terms.
Multiple Lenders. If at any time multiple Lenders exist on a single Lot 5 Condominium Unit: (a) any consent by or notice to Lender refers to all Lenders: (b) except under clause “a,” the most senior Lender may exercise all rights of Lender to the exclusion of junior Lender(s); (c) to the extent that the most senior Lender declines to do so, any other Lender may exercise those rights, in order of priority; and (d) if Lenders do not agree on priorities, a written determination of priority issued by a lawyer licensed in the State of North Carolina shall govern. Notwithstanding anything to the contrary in this Lease, Lender may: (i) exercise its rights through an affiliate, assignee, designee, nominee, subsidiary, or other entity acting in its own name or in Lender’s name (and anyone acting on behalf of Lender shall automatically have the same protections, rights, and limitations of liability as Lender; (ii) refrain from curing any Default; or (iii) abandon such cure at any time.
Multiple Lenders. As regards any Loan, each reference in this Agreement to Lender shall be deemed a reference solely to the particular series of Lender having made such Loan, as identified to or by Lender and as may be specified in any document delivered to Lender pursuant to Section 3.2. In no circumstances shall the rights, obligations or remedies of Lender and of Borrower with respect to a particular series of Lender constitute rights, obligations or remedies applicable to any other series of Lender. Specifically, and without otherwise limiting the scope of this Section: (a) the margin maintenance obligations specified in Section 9 or any other provisions of this Agreement and the single agreement provisions of Section 18 shall be applied based solely upon Loans made by a particular series of Lender, (b) the remedies of Lender and Borrower which are provided for under this Agreement upon the occurrence of a Default shall be determined as if each series of Lender had entered into a separate securities loan agreement with Borrower, and (c) Lender and Borrower shall have no right to set off claims related to Loans made by a particular series of Lender against claims related to Loans made by any other particular series of Lender.” SCHEDULE C SERIES Xxxxxxx Growth Fund Xxxxxxx Aggressive Growth Fund Need Small Cap Growth Fund
Multiple Lenders. In the event The Board shall at any time or from time to time consent to an assignment of a portion of the Loan by the Lender, each representation, warranty, certification, covenant or other obligation of the "Lender" in this Agreement thereafter made or given shall be deemed a several representation, warranty, certification, or covenant or other obligation of each Lender such that no Lender shall be liable for the acts or omissions of any other Lender, and the obligation of the Board to any Lender shall not be affected by the acts or omissions of any other Lender.
Multiple Lenders. 33 8.8 New Lease Priority.............................................................................34 8.9 Liability of New Tenant........................................................................34 8.10 Subleases and Rents............................................................................34 8.11
