Common use of Qualified Borrowers Clause in Contracts

Qualified Borrowers. (a) The Borrower may, at any time or from time to time, upon not less than five (5) Business Days’ notice, designate one or more Qualified Borrowers to be added to this Agreement by notifying the Administrative Agent thereof, and the Administrative Agent shall promptly notify each Lender. Borrower shall, or shall cause such Qualified Borrower to, deliver all documents required to be delivered pursuant to Sections 6.1 and 6.2(e) with respect to a Qualified Borrower, including, without limitation, copies of all Organizational Documents, good standing certificates (if applicable), and resolutions, each of which shall be in form and substance reasonably satisfactory to the Administrative Agent. Following the giving of any notice pursuant to this Section 2.10, if the designation of such Qualified Borrower obligates the Administrative Agent or any Lender to comply with “know your customer” or similar identification procedures in circumstances where the necessary information is not already available to it, the Borrower shall, promptly upon the request of the Administrative Agent or any Lender, supply such documentation and other evidence as is reasonably requested by the Administrative Agent or any Lender in order for the Administrative Agent or such Lender to carry out and be satisfied it has complied with the results of all necessary “know your customer” or other similar checks under all applicable laws and regulations. Nothing contained in this Section 2.10(a) shall limit the provisions of Section 2.8(i). (b) If the Borrower shall designate as a Qualified Borrower hereunder any entity not organized under the laws of the United States or any State thereof, any Lender may, with notice to the Administrative Agent and the Borrower, fulfill its Commitment by causing an Affiliate of such Lender to act as the Bank in respect of such Qualified Borrower (and such Lender shall, to the extent of Loans made to, and participations in Letters of Credit issued for the account of such Qualified Borrower, be deemed for all purposes hereof to have pro tanto assigned such Loans and participations to such Affiliate in compliance with the provisions of Section 14.16 (but only for so long as such Loans or Letters of Credit shall be outstanding) except that unless such an Affiliate is a Eligible Assignee, nothing herein shall be deemed to have relieved such Lender from its obligations under its Commitments).

Appears in 1 contract

Sources: Credit Agreement (Simon Property Group L P /De/)

Qualified Borrowers. (a) The Borrower may, at any time or from time to time, upon not less than five (5) Business Days’ notice, designate one or more Qualified Borrowers to be added to this Agreement by notifying the Administrative Agent thereof, and the Administrative Agent shall promptly notify each Lender. Borrower shall, or shall cause such Qualified Borrower to, deliver all documents required to be delivered pursuant to Sections 6.1 and 6.2(e) with respect to a Qualified Borrower, including, without limitation, copies of all Organizational Documentsorganizational documents, good standing certificates (if applicable), and resolutions, each of which shall be in form and substance reasonably satisfactory to the Administrative Agent. Following the giving of any notice pursuant to this Section 2.10, if the designation of such Qualified Borrower obligates the Administrative Agent or any Lender to comply with “know your customer” or similar identification procedures in circumstances where the necessary information is not already available to it, the Borrower shall, promptly upon the request of the Administrative Agent or any Lender, supply such documentation and other evidence as is reasonably requested by the Administrative Agent or any Lender in order for the Administrative Agent or such Lender to carry out and be satisfied it has complied with the results of all necessary “know your customer” or other similar checks under all applicable laws and regulations. Nothing contained in this Section 2.10(a) shall limit the provisions of Section 2.8(i). (b) If the Borrower shall designate as a Qualified Borrower hereunder any entity not organized under the laws of the United States or any State thereof, any Lender may, with notice to the Administrative Agent and the Borrower, fulfill its Commitment by causing an Affiliate of such Lender to act as the Bank in respect of such Qualified Borrower (and such Lender shall, to the extent of Loans made to, and participations in Letters of Credit issued for the account of such Qualified Borrower, be deemed for all purposes hereof to have pro tanto assigned such Loans and participations to such Affiliate in compliance with the provisions of Section 14.16 15.16 (but only for so long as such Loans or Letters of Credit shall be outstanding) except that unless such an Affiliate is a Eligible Assignee, nothing herein shall be deemed to have relieved such Lender from its obligations under its Commitments).

Appears in 1 contract

Sources: Credit Agreement (Simon Property Group L P /De/)

Qualified Borrowers. (a) The Borrower may, at any time or from time to time, upon not less than five (5) Business Days’ notice, designate request that one or more Qualified Borrowers to be added to this Agreement by notifying the Administrative Agent thereof in substantially the form of Exhibit O hereto (including the jurisdiction of formation thereof), and the Administrative Agent shall promptly notify each Lender. Borrower shall, or shall cause such Qualified Borrower to, deliver all documents required to be delivered pursuant to Sections 6.1 and 6.2(e6.2(d) with respect to a proposed Qualified Borrower, including, without limitation, copies of all Organizational Documents, good standing certificates (if applicable), and resolutions, each of which shall be in form and substance reasonably satisfactory to the Administrative Agent. Following the giving of any notice request pursuant to this Section 2.10, if the designation of request for such Qualified Borrower obligates the Administrative Agent or any Lender to comply with “know your customer” or similar identification procedures in circumstances where the necessary information is not already available to it, the Borrower shall, promptly upon the request of the Administrative Agent or any Lender, supply such documentation and other evidence as is reasonably requested by the Administrative Agent or any Lender in order for the Administrative Agent or such Lender to carry out and be satisfied it has complied with the results of all necessary “know your customer” or other similar checks under all applicable laws and regulations. Nothing contained in this Section 2.10(a) shall limit Upon delivery of the provisions documentation and information required above to the reasonable satisfaction of Section 2.8(i). (b) If the Administrative Agent, the proposed Qualified Borrower shall designate as become a Qualified Borrower hereunder any entity not organized under the laws of the United States or any State thereof, any Lender may, with notice to this Agreement and the Administrative Agent shall give written notice thereof to the Borrower and the Borrower, fulfill its Commitment by causing an Affiliate of such Lender to act as the Bank in respect of such Lenders (a “New Qualified Borrower (and such Lender shall, to the extent of Loans made to, and participations in Letters of Credit issued for the account of such Qualified Borrower, be deemed for all purposes hereof to have pro tanto assigned such Loans and participations to such Affiliate in compliance with the provisions of Section 14.16 (but only for so long as such Loans or Letters of Credit shall be outstanding) except that unless such an Affiliate is a Eligible Assignee, nothing herein shall be deemed to have relieved such Lender from its obligations under its CommitmentsNotice”).

Appears in 1 contract

Sources: Revolving Credit and Term Loan Agreement (Washington Prime Group, L.P.)

Qualified Borrowers. (a) The Borrower may, at any time or from time to time, upon not less than five (5) Business Days’ notice, designate request that one or more Qualified Borrowers to be added to this Agreement by notifying the Administrative Agent thereof in substantially the form of Exhibit O hereto (including the jurisdiction of formation thereof), and the Administrative Agent shall promptly notify each Lender. Borrower shall, or shall cause such Qualified Borrower to, deliver all documents required to be delivered pursuant to Sections 6.1 and 6.2(e6.2(d) with respect to a proposed Qualified Borrower, including, without limitation, copies of all Organizational Documents, good standing certificates (if applicable), and resolutions, each of which shall be in form and substance reasonably satisfactory to the Administrative Agent. Following the giving of any notice request pursuant to this Section 2.10, if the designation of request for such Qualified Borrower obligates the Administrative Agent or any Lender to comply with “know your customer” or similar identification procedures in circumstances where the necessary information is not already available to it, the Borrower shall, promptly upon the request of the Administrative Agent or any Lender, supply such documentation and other evidence as is reasonably requested by the Administrative Agent or any Lender in order for the Administrative Agent or such Lender to carry out and be satisfied it has complied with the results of all necessary “know your customer” or other similar checks under all applicable laws and regulations. Nothing contained in this Section 2.10(a) shall limit Upon delivery of the provisions documentation and information required above to the reasonable satisfaction of Section 2.8(i). (b) If the Administrative Agent, the proposed Qualified Borrower shall designate as become a Qualified Borrower hereunder any entity not organized under the laws of the United States or any State thereof, any Lender may, with notice to this Agreement and the Administrative Agent shall give written notice thereof to the Borrower and the Borrower, fulfill its Commitment by causing an Affiliate of such Lender to act as the Bank in respect of such Lenders (a “New Qualified Borrower (and such Lender shall, to the extent of Loans made to, and participations in Letters of Credit issued for the account of such Qualified Borrower, be deemed for all purposes hereof to have pro tanto assigned such Loans and participations to such Affiliate in compliance with the provisions of Section 14.16 (but only for so long as such Loans or Letters of Credit shall be outstanding) except that unless such an Affiliate is a Eligible Assignee, nothing herein shall be deemed to have relieved such Lender from its obligations under its CommitmentsNotice”).. <

Appears in 1 contract

Sources: Revolving Credit and Term Loan Agreement (Washington Prime Group, L.P.)