Borrower’s Notes definition
Examples of Borrower’s Notes in a sentence
No Subsidiary Borrower shall be liable for the obligations of any other Borrower under this Agreement or any Borrowings of any other Borrower or any other Borrower’s Notes, if any.
The Borrower’s Notes have been duly authorized by the Borrower and, when executed, issued and delivered pursuant hereto for value received, will constitute valid and binding obligations of the Borrower, enforceable in accordance with their terms, except as (i) may be limited by bankruptcy, insolvency or similar laws affecting creditors’ rights generally, and (ii) rights of acceleration and the availability of equitable remedies may be limited by equitable principles of general applicability.
The loans under the Facility are evidenced by the Borrower’s Notes to the Banks in the aggregate principal amount of $100,000,000.
In the case of each Utilisation by an Australian Borrower (other than the first) and each repayment or prepayment of any Utilisation which was made by an Australian Borrower, the Facility Agent must amend the Register to reflect the revised principal amount outstanding on the relevant Australian Borrower’s Notes under that Facility.
In connection with the Advances, all of Borrower’s Notes, including the security interests securing the Notes, shall be assigned to Lender.
Upon the transfer of the servicing obligations of Borrower’s Notes Receivable from Borrower to Lender or such approved designee, Borrower shall immediately deliver to Lender or such approved designee all loan documents then held by Borrower or any other Person relating to all of the outstanding Notes Receivable.
If, as of the last day of each calendar quarter, Borrower’s over 30-day delinquency on its entire Notes Receivable portfolio is greater than twenty percent (20%), then Lender shall have the right to conduct an audit, at Borrower’s sole cost and expense, of all Borrower’s Notes Receivable pledged to the Lender hereunder.
The US Borrower’s Notes have been duly authorized by the US Borrower and, when executed, issued and delivered pursuant hereto for value received, will constitute valid and binding obligations of the US Borrower, enforceable in accordance with their terms, except as (i) may be limited by bankruptcy, insolvency or similar laws affecting creditors’ rights generally, and (ii) rights of acceleration and the availability of equitable remedies may be limited by equitable principles of general applicability.
If, as of the last day of each calendar quarter, Borrower’s over 30-day delinquency on its entire Notes Receivable portfolio is greater than twenty percent (20%), then Agent shall have the right to conduct an audit, at Borrower’s sole cost and expense, of all Borrower’s Notes Receivable pledged to the Lenders hereunder.
Guarantors acknowledge and agree that the aforesaid Guaranty Agreements are hereby amended to guaranty the Borrower’s Notes as modified by this First Modification Agreement which is modifying the interest rate and maturity dates of the Promissory Notes as stated above, together with any and all renewals thereof.