Borrower Person definition

Borrower Person the Borrower, the Borrower Parent and the Guarantor.
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Borrower Person is Borrower and any person whose ownership position would be aggregated with that of Borrower. The “Applicable Share Limit” is, as of any day, a number of shares of Common Stock equal to (A) the minimum number of shares of Common Stock that could give rise to materially adverse reporting obligations, materially adverse registration obligations or other materially adverse requirements (including obtaining prior approval from any person or entity) of a Borrower Person, or could result in an adverse effect on a Borrower Person, under any Applicable Restriction, as determined by Borrower in its reasonable discretion, minus (B) 1% of the number of shares of Common Stock outstanding as of such day.
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Borrower Person is Borrower and any person whose ownership position would be aggregated with that of Borrower. The “Applicable Share Limit” is, as of any day, a number of shares of Common Stock equal to (A) the minimum number of shares of Common Stock that could give rise to materially adverse reporting obligations, materially adverse registration obligations or other materially adverse requirements (including obtaining prior approval from any person or entity) of a Borrower Person, or could result in an adverse effect on a Borrower Person, under any Applicable Restriction, as determined by Borrower in its reasonable discretion, minus (B) 1% of the number of shares of Common Stock outstanding as of such day. If any delivery owed to Borrower hereunder is not made, in whole or in part, as a result of this provision, Lender’s obligation to make such delivery shall not be extinguished and Lender shall make such delivery as promptly as practicable after, but in no event later than one Business Day after, Borrower gives notice to Lender that such delivery would not result in such Excess Ownership Position being exceeded. If, notwithstanding the foregoing, any delivery of Common Stock is erroneously made to Borrower or Borrower otherwise receives or is deemed to have received Common Stock in excess of the foregoing limitation contrary to the first sentence of this clause (c), such Common Stock shall remain the property of Lender and Borrower shall be deemed to hold the same as bailee of Lender and shall have no voting, dispositive control or pecuniary interest with respect thereto.
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Examples of Borrower Person in a sentence

  • If any Lender is otherwise a creditor of the Borrower or a Borrower Person, such Lender may use the information in connection with its other credits.

  • In no event shall the Agent or any Lender be obligated or required to return any materials furnished to it by the Borrower or another Borrower Person.

  • The Borrower will procure that any obligations owed by it to another Borrower Person or an Affiliate of such Borrower Person shall at all times be subject and subordinate to the rights of the Secured Parties under the Basic Agreements.

  • None of the officers, directors, employees and/or agents of any Borrower Person have offered, given, insisted on, received or solicited any illegal payment or illegal advantage to influence the action of any person with respect to any transaction contemplated by the Basic Agreements.

  • All references in the Loan Documents to Borrower, Person, document or other nouns of reference mean both the singular and plural form, as the case may be.

  • As long as Borrower has complied with its obligations to defend and indemnify hereunder, Borrower Person shall not be liable for any settlement made by any Indemnified Party without the consent of Borrower (which consent shall not be unreasonably withheld or delayed).

  • The “Applicable Share Limit” means a number of shares of Common Stock equal to (A) the minimum number of shares of Common Stock that could give rise to reporting or registration obligations or other requirements (including obtaining prior approval from any person or entity) of a Borrower Person, or could result in an adverse effect on a Borrower Person, under any Applicable Restriction, as determined by Borrower in its reasonable discretion, minus (B) 1% of the number of shares of Common Stock outstanding.

  • Each reference in this Agreement to “good faith” shall be construed and interpreted to mean “good faith” as that term is defined pursuant to §1-201(20) of the New York Uniform Commercial Code, and any requirement of good faith or reasonableness on the part of any Borrower Person shall not be construed or interpreted to require that such Borrower Person make any inquiry, undertake any investigation, or request or await receipt of any documents or information.

  • The Responsible Party shall pay to such Borrower Person by wire transfer of immediately available funds — without deduction, offset, setoff, or withholding of any kind — all amounts payable by the Responsible Party under Section 2(b) hereof not later than five (5) Business Days after the Responsible Party’s receipt of such Borrower Person’s written demand.

  • If the Responsible Party does not assume the defense of any such Third Party Claim, the Borrower Person may, but shall not be obligated to, defend against such Third Party Claim in such manner as it may deem appropriate.


More Definitions of Borrower Person

Borrower Person has the meaning assigned to such term in Section 2(c).
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Borrower Person. Borrower and any Affiliate of Borrower.
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Related to Borrower Person

  • Borrower Party Affiliate means, with respect to the Mortgage Loan Borrower, a manager of the Mortgaged Property or an Accelerated Mezzanine Loan Lender, (a) any other Person controlling or controlled by or under common control with such Mortgage Loan Borrower, manager or Accelerated Mezzanine Loan Lender, as applicable, or (b) any other Person owning, directly or indirectly, 25% or more of the beneficial interests in such Mortgage Loan Borrower, manager or Accelerated Mezzanine Loan Lender, as applicable. For the purposes of this definition, “control” when used with respect to any specified Person means the power to direct the management and policies of such Person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise and the terms “controlling” and “controlled” have meanings correlative to the foregoing.

  • Borrower Party means the Mortgage Loan Borrower, a manager of the Mortgaged Property, an Accelerated Mezzanine Loan Lender or any Borrower Party Affiliate.

  • Borrower as defined in the preamble hereto.

  • Borrower Affiliate shall have the meaning set forth in the Lead Securitization Servicing Agreement; provided that in the event that any Non-Lead Note is securitized in a Securitization, the term “Borrower Affiliate” as used in the definitions of “Non-Lead Note Holder” and “Non-Lead Note Holder Representative” shall refer to a “Borrower Affiliate” as defined in the related Non-Lead Securitization Servicing Agreement or such other analogous term used in the related Non-Lead Securitization Servicing Agreement.

  • Credit Party means the Administrative Agent, the Issuing Bank, the Swingline Lender or any other Lender.