Representation by Lenders. Each Lender hereby represents that it will acquire its Note for its own account in the ordinary course of its commercial lending business; however, the disposition of such Lender's property shall at all times be and remain within its control and, in particular and without limitation, such Lender may sell or otherwise transfer its Note, any participation interest or other interest in its Note, or any of its other rights and obligations under the Loan Documents.
Representation by Lenders. Each Lender hereby represents that it is a commercial lender or financial institution which makes loans in the ordinary course of its business and that it will make its Advances hereunder for its own account in the ordinary course of such business; provided, however, that, subject to Section 9.07, the disposition of the Note or Notes held by that Lender shall at all times be within its exclusive control.
Representation by Lenders. Each Lender hereby represents that it will acquire its Notes for its own account in the ordinary course of its commercial lending business; however, such Lender may sell or otherwise transfer its Notes, any participation interest or other interest in its Notes, or any of its other rights and obligations under the Loan Documents as permitted by Section 8.8.
Representation by Lenders. Each Lender hereby represents that it will acquire its Note for its own account in the ordinary course of its commercial lending business; however, the disposition of such Lender’s property shall at all times be and remain within its control and, in particular and without limitation, such Lender may sell or otherwise transfer its Notes, Loans, Letters of Credit and Commitments, any participation interest or other interest in its Notes, Loans, Letters of Credit or Commitments, or any of its other rights and obligations under the Loan Documents, but subject to the terms and provisions hereof, including Section 10.6.
Representation by Lenders. Each Lender party to this Agreement on the Restatement Date represents and warrants that on the date hereof it is carrying on the business of providing finance, or investing or dealing in securities, in the course of operating in financial markets.
Representation by Lenders. Each Lender hereby represents that it is a commercial lender or financial institution which makes loans in the ordinary course of its business and that it will make its Advances hereunder for its own account in the ordinary course of such business; PROVIDED, HOWEVER, that, subject to Section 13.7, the disposition of the Notes and other Loan Documents held by that Lender shall at all times be within its exclusive control.
Representation by Lenders. Each of the Lenders represents and warrants to the Borrower that as of the date hereof, such Lender is a “qualified purchaser,” as such term is defined in Section 2(a)(51) of the Investment Company Act of 1940, as amended, and Rules 2a51-1, 2a51-2 and 2a51-3 thereunder.
Representation by Lenders. 49 TABLE OF CONTENTS (continued) Page
Representation by Lenders. 63 SECTION 10.11 Obligations Several........................................................................63 SECTION 10.12
Representation by Lenders. Each Lender that is not a U.S. Person hereby certifies to Borrower that as of the date hereof (i) no Taxes have been imposed which would require the payment of additional amounts by Borrower as contemplated by Section 2.10(b) and (ii) such Lender is entitled to submit Form 1001 or Form 4224. 36
