At Borrower definition

At Borrower s request, this secured Loan Facility may be converted to an unsecured Loan Facility, and if Borrower shall also request Borrower's General Partner may be substituted as the borrower hereunder, and the Mortgaged Properties and any other Collateral released from the Liens of the Loan Documents, subject to and upon the following conditions: (i) Borrower (or if Borrower's General Partner is to be substituted as borrower hereunder, then Borrower's General Partner) shall have received a credit rating on its senior unsecured long-term debt of not lower than (x) Baa3 from Moody's Investoxx Xxxxice, Inc. and (y) BBB- from Standard & Poor's Rating Services, a division of McGraw Hill, Inc.; (ii) no Default or Event of Default shall exist under this Loan Agreement or any other Loan Document; (iii) Borrower shall have delivered to Lender guarantees of the Loans, in form and substance acceptable to Lender, from one or more Persons acceptable to Lender, in each case in Lender's sole and absolute discretion; (iv) Borrower (and if Borrower's General Partner is to be substituted as the borrower hereunder, then Borrower's General Partner) shall have executed and delivered to Lender appropriate new or amended Loan Documents to reflect the unsecured nature of the Loans (and, if applicable, the substitution of Borrower's General Partner as the new borrower hereunder), which shall include such covenants, defaults and other provisions as Lender shall determine to be consistent with then-customary documentation for unsecured loans by prudent institutional lenders to REITs with similar credit ratings and of similar quality, in each case in form and substance acceptable to Lender in Lender's sole and absolute discretion (it being understood and agreed, however, that from and after such conversion (x) interest shall be payable, in arrears, in semi-annual (and not monthly) installments, and (y) the discount factor to be applied in the calculation of a Prepayment Premium shall be applied on a semi-annual (and not monthly) basis); (v) from and after the effective date of such conversion, the Interest Rate with respect to Loan B of the Loan Facility shall be increased to be 7.10% per annum; (vi) Lender shall have received one or more opinions of counsel acceptable to Lender with respect to all of the foregoing and (vii) Borrower shall have paid to Lender all of Lender's out-of-pocket expenses in connection with the foregoing.
Sample 1
At Borrower s sole expense and (iv) shall comply with all of the recommendations contained in the Environmental Report delivered to Lender in connection with the origination of the Loan. Nothing herein shall prevent Borrower from recovering such expenses from any other party that may be liable for such removal or cure.
Sample 1
At Borrower s option shall mean the Prime Rate or thirty (30) day United States Treasury Bills plus 250 basis points.
Sample 1

Examples of At Borrower in a sentence

  • At Borrower Agent’s election, instead of delivering such written request, any Authorized Person may give Agent telephonic notice of such request by the required time except on and after such time as Agent shall notify Borrower Agent that written requests will be required.

  • At Borrower or Guarantor’s request, Lender will cause a written termination of this Assignment to be executed by an officer duly authorized to execute the same.

  • Unsecured Non Unsecured Non Unsecured Non Unsecured Non Unsecured Non Credit Enhanced Credit Enhanced Credit Enhanced Credit Enhanced Credit Enhanced Debt of the Debt of the Debt of the Debt of the Debt of the Borrower Rated At Borrower Rated Borrower Rated Borrower Rated Borrower Rated Least A- By S & P Less Than Level 1 Less Than Level 2 Less Than Xxxxx 0 Xxxx Xxxx Xxxxx 0 Xxx X0 Xx Xxxxx'x.

  • Unsecured Non Unsecured Non Unsecured Non Unsecured Non Unsecured Non Credit Enhanced Credit Enhanced Credit Enhanced Credit Enhanced Credit Enhanced Debt of the Debt of the Debt of the Debt of the Debt of the Borrower Rated At Borrower Rate Less Borrower Rate Less Borrower Rate Less Borrower Rate Least A By S&P Or Than Level 1 But At Than Level 2 But At Than Level 3 But At Less Than Level 4 A2 by Xxxxx'x Least A- By S&P Or Least BBB+ By S&P Least BBB By S&P Or A3 By Xxxxx'x.

  • In contrast, a person who makes an innocent human error, even if this error resulted in significant patient harm, would be consoled since human errors are considered to be inevitable and not necessarily the result of negligence.

  • At Borrower Agent's election, instead of delivering such written request, any Authorized Person may give Agent telephonic notice of such request by the required time except on and after such time as Agent shall notify Borrower Agent that written requests will be required.

  • At Borrower Representative's option, all loans will bear interest at either (a) a floating rate equal to the Index Rate plus the Applicable Margin(s) or (b) absent a default, a fixed rate for periods of one, two or three months equal to the reserve adjusted London Interbank Offered Rate ("LIBOR Rate") plus the Applicable Margin(s).

  • At Borrower Agent’s request Lender shall quote an estimate of the Cash Interest Rate (for a proposed Fixed Advance) or MBS Imputed Interest Rate (for a proposed Variable Advance).

  • Unsecured Non Unsecured Non Unsecured Non Unsecured Non Unsecured Non Credit Enhanced Credit Enhanced Credit Enhanced Credit Enhanced Credit Enhanced Debt of the Debt of the Debt of the Debt of the Debt of the BorrowerRated At Borrower Rated Borrower Rated Borrower Rated Borrower Rated Least A By S & P Less Than Level 1 Less Than Level 2 Less Than Level 3 Less Than Level 4 Or A2 By Xxxxx'x.

  • At Borrower Code: Enter code of NEW borrower if known, or F9 to search.


More Definitions of At Borrower

At Borrower s sole cost and expense, Borrower shall:
Sample 1

Related to At Borrower

  • U.S. Borrower means any Borrower that is a U.S. Person.

  • Parent Borrower as defined in the preamble hereto.

  • Co-Borrower shall have the meaning assigned to such term in the introductory paragraph of this Agreement.

  • Applicant Borrower has the meaning specified in Section 2.14.

  • means Borrower s forecasted consolidated and consolidating: (a) balance sheets; (b) profit and loss statements; (c) cash flow statements; and (d) capitalization statements, all prepared on a Subsidiary by Subsidiary or division-by-division basis, if applicable, and otherwise consistent with the historical Financial Statements of the Borrower, together with appropriate supporting details and a statement of underlying assumptions.

  • The Borrower has advised the Banks that the Borrower has entered into an Agreement and Plan of Merger and Reorganization, dated as of February 10, 2000 (the "Merger Agreement"), among the Borrower, Opticare Health Systems, Inc. (the "Parent"), and OC Acquisition Corp., a wholly-owned subsidiary of the Parent ("Merger Sub"), pursuant to which the parties intend to merge Merger Sub with and into the Borrower subject to the terms and conditions thereof which include, among other things, restructuring the Obligations owing to the Banks on terms and conditions mutually agreed upon by the Borrower and the Banks. While the Borrower and the Banks have initiated discussions and due diligence concerning the Merger and any proposed restructuring of the Obligations, the Borrower acknowledges that the Banks have not consented to the Merger nor have the Banks agreed to any terms and conditions relating to any restructuring of the Obligations. In the meantime, however, the Borrower intends to continue to sell the remaining physician practice management groups operated by the Borrower and its Subsidiaries (collectively being referred to herein as the "PPM Businesses") and use a portion of the proceeds from the sale of the PPM Businesses to meet its reasonable and necessary operating expenses. To afford the Borrower an opportunity to proceed with the transactions described above, the Borrower has requested that (i) the Banks extend the temporary waiver period provided for in Sections 2.1 and 2.2 of that certain Seventh Amendment and Waiver to Credit Agreement dated as of December 10, 1999, among the Borrower, the Banks, and the Agent (the "Seventh Amendment") (as further amended, in part, by a December 30, 1999, letter agreement, a February 29, 2000, letter agreement, a March 24, 2000, letter agreement, and an April 14, 2000, letter agreement, and a May 5, 2000, letter agreement, in each case between the Borrower, the Banks and the Agent) and, in addition, that the Banks temporarily waive any non-compliance by the Borrower as of December 31, 1999, and as of March 31, 2000, with Sections 8.8 (Total Funded Debt/Adjusted EBITDA Ratio), 8.10 (Interest Coverage Ratio), and 8.11 (Debt Service Coverage Ratio) of the Credit Agreement and the Borrower's non-compliance with Section 8.5(b) of the Credit Agreement with respect to the timely delivery of the Borrower's March 31, 2000, financial statements, in each case to the earlier of June 2, 2000, or the termination of the Merger Agreement pursuant to its terms (the earlier of such dates being referred to herein as the "Waiver Termination Date"), (ii) Bank of Montreal extend the Bridge Loan Period from May 19, 2000, to the Waiver Termination Date, and (iii) postpone the due date for the payment of principal, interest and unused commitment fees otherwise due on or before May 19, 2000, to the Waiver Termination Date. By signing below, the Banks (including Bank of Montreal with respect to the Bridge Loan Commitment) hereby agree to extend the waiver period provided in Sections 2.1 and 2.2 of the Seventh Amendment from May 19, 2000, to the Waiver Termination Date, temporarily waive any non-compliance by the Borrower as of December 31, 1999, and March 31, 2000, with Sections 8.8 (Total Funded Debt/Adjusted EBITDA Ratio), 8.10 (Interest Coverage Ratio), and 8.11 (Debt Service Coverage Ratio) of the Credit Agreement and the Borrower's non-compliance with Section 8.5(b) of the Credit Agreement with respect to the timely delivery of the Borrower's March 31, 2000, financial statements through the period ending on the Waiver Termination Date, agree to extend the Bridge Loan Period to the Waiver Termination Date, and agree to postpone the due date for the payment of principal, interest, and unused commitment fees otherwise due on or before May 19, 2000, to the Waiver Termination Date, provided that:

  • Domestic Borrower means the Company and each Designated Borrower that is a Domestic Subsidiary.

  • UK Borrower means any Borrower (i) that is organized or formed under the laws of the United Kingdom or (ii) payments from which under this Agreement or any other Loan Document are subject to withholding Taxes imposed by the laws of the United Kingdom.

  • Canadian Borrower as defined in the preamble hereto.

  • Borrower as defined in the preamble hereto.

  • Subsidiary Borrower any Subsidiary of the Borrower that becomes a party hereto pursuant to Section 10.1(c)(i) until such time as such Subsidiary Borrower is removed as a party hereto pursuant to Section 10.1(c)(ii).

  • Applicable Borrower means, with respect to any Loan or other amount owing hereunder or any matter pertaining to such Loan or other amount, whichever of the Borrowers is the primary obligor on such Loan or other amount.

  • Eligible borrower means owners or others having an interest in property situated within the downtown area of a participating city, community development corporations associated with a participating city, Iowa main street program organizations associated with a participating city, community-initiated development groups associated with a participating city, or other organization associated with a participating city for purposes of implementing the Iowa main street program.

  • Co-Borrowers has the meaning specified in the introductory paragraph to this Agreement.

  • Lead Borrower has the meaning assigned to such term in the preamble of this Agreement.

  • Foreign Subsidiary Borrower means any Eligible Foreign Subsidiary that becomes a Foreign Subsidiary Borrower pursuant to Section 2.23 and that has not ceased to be a Foreign Subsidiary Borrower pursuant to such Section.

  • UK Borrowers shall have the meaning assigned to such term in the preamble hereto.

  • Domestic Subsidiary Borrower means any Subsidiary Borrower which is a Domestic Subsidiary.

  • Subsidiary Borrowers means, collectively (i) each Domestic Subsidiary of the Company that is a party to this Agreement as a “Borrower” on the Effective Date and (ii) each Domestic Subsidiary of the Company that becomes a party to this Agreement as a “Borrower” following the Effective Date pursuant to Section 5.14, in each case, until such time as such Domestic Subsidiary is released from its obligations under the Loan Documents in accordance with this Agreement.

  • U.S. Borrowers shall have the meaning provided in the first paragraph of this Agreement.

  • Swiss Borrower means a Borrower incorporated in Switzerland and/or having its registered office in Switzerland and/or qualifying as a Swiss resident pursuant to Art. 9 of the Swiss Federal Withholding Tax Act.

  • Borrower/s means and refers to jointly and severally to the Applicants (more particularly described in the Application Form) who has/have been sanctioned/granted/disbursed the Loan by ABFL pursuant to the relevant Application Form submitted by such applicants to ABFL for availing of the Loan and depending upon the nature of the Borrower/s, shall, unless repugnant to the context or meaning thereof, be deemed to include his/her legal heirs, executors and administrators;

  • Canadian Borrowers has the meaning specified in the preamble to this Agreement.

  • German Borrower means (a) any Borrower that is a resident for tax purposes in Germany and (b) any Borrower in respect of which written notice is given to the Administrative Agent (by the Company) prior to that Borrower becoming a Borrower hereunder that such Borrower is resident in Germany for German tax purposes.

  • Existing Borrower s Re-Fix Rate" means at any date the fixed rate then being offered to those of the Seller's existing Borrowers who at that date are seeking to fix the rate of interest payable under their existing Fixed Rate Mortgage Loan with the Seller for the applicable period;

  • Funding Borrower shall have the meaning set forth in Section 20.12 hereof.