by Borrower definition

by Borrower with respect to any matter means the present actual knowledge of such matter by an Executive Officer (as defined in the Lease) of Borrower after reasonable investigation and inquiry. Knowledge shall be presumed conclusively as to the content of any notice to Borrower made in accordance with the Loan Documents.

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by Borrower from the Pledged MBS (the "Pledged MBS Income"). Upon such receipt by Borrower all such Pledged Loan Income and Pledged MBS Income shall be released from the security interest and lien of Lender hereunder and shall no longer constitute Collateral hereunder. If a Potential Event of Default or an Event of Default shall have occurred and be continuing, Lender may, in its sole discretion, (i) require that Borrower establish one or more segregated trust accounts, that shall be maintained for the benefit of Lender with a state or federally chartered depository institution selected by Lender, into which all Pledged Loan Income shall be deposited within two (2) Business Days of receipt by Borrower and all Pledged MBS Income shall be deposited upon distribution, and (ii) terminate Borrower as the servicer of the Pledged Loans, with or without cause, and in either case without payment of any termination fee or compensation for such servicing rights.

by Borrower. (a) are within Borrower's organizational power; (b) have been duly authorized by all necessary or proper organizational and shareholder or membership action; (c) do not contravene any provision of Borrower's charter or bylaws or equivalent organizational or charter or other constituent documents; (d) do not violate any law or regulation, or any order or decree of any court or Governmental Authority; (e) do not conflict with or result in the breach or termination of, constitute a default under or accelerate or permit the acceleration of any performance required by, any indenture, mortgage, deed of trust, lease, agreement or other instrument to which Borrower is a party or by which Borrower or any of its property is hound; (F) do not result in the creation or imposition of any Lien upon any of the property of Borrower other than those in favor of Agent, on behalf of itself and the Lenders, pursuant to the Loan Documents; and (g) do not require the consent or approval of any Governmental Authority or any other Person.

Examples of by Borrower in a sentence

• All risk of loss, damage or destruction of the Collateral shall be borne by Borrower.

• Bank’s failure, at any time or times, to require strict performance by Borrower of any provision of this Agreement or any other Loan Document shall not waive, affect, or diminish any right of Bank thereafter to demand strict performance and compliance herewith or therewith.

• A waiver of one Default or Event of Default with respect to Borrower shall not be construed to be a waiver of any subsequent Default or Event of Default by Borrower or to impair any remedy, right or power consequent thereon.

• None of Borrower’s or any of its Subsidiaries’ properties or assets has been used by Borrower or any Subsidiary or, to the best of Borrower’s knowledge, by previous Persons, in disposing, producing, storing, treating, or transporting any hazardous substance other than legally.

• This Loan Modification Agreement shall become effective only when it shall have been executed by Borrower and Bank.

• The Register shall be available for inspection by Borrower and any Lender, at any reasonable time and from time to time upon reasonable prior notice.

• Borrower shall have no right to specify the order or the accounts to which Bank shall allocate or apply any payments required to be made by Borrower to Bank or otherwise received by Bank under this Agreement when any such allocation or application is not specified elsewhere in this Agreement.

• All representations, warranties, covenants and agreements made in this Agreement or in the other Loan Documents by Borrower shall be deemed to have been relied upon by Lender notwithstanding any investigation heretofore or hereafter made by Lender or on its behalf.

• Fees and expenses which are required to be paid by Borrower pursuant to the Loan Documents (including, without limitation, Bank Expenses) but are not paid when due shall bear interest until paid at a rate equal to the highest rate applicable to the Obligations.

• Lender shall have the continuing and exclusive right to apply or reverse and reapply any and all payments by Borrower to any portion of the obligations of Borrower hereunder.

More Definitions of by Borrower

by Borrower. Mathew Rule, Silicon South, Inc.

by Borrower in accordance with such Lender's customary procedures for handling confidential information of this nature, it being understood and agreed by Borrower that in any event a Lender may make disclosures to any Person who evaluates, approves, structures or administers the Loans on behalf of a Lender and who is subject to this confidentiality provision, or, subject to this Section 9.19, reasonably required by any bona fide assignee, transferee or participant in connection with the contemplated assignment or transfer by such Lender of any Loans or any participation therein (at which time, any such assignee, transferee or participant shall be bound by this Section 9.19) or as required or requested by any governmental or regulatory agency (including, without limitation, the National Association of Insurance Commissions) or representative thereof or pursuant to legal process or in accordance with any applicable law or regulation; provided that, unless specifically prohibited by applicable law or court order, each Lender shall notify Borrower of any request by any governmental or regulatory agency or representative thereof (other than any such request in connection with any examination of the financial condition of such Lender by such governmental or regulatory agency) for disclosure of any such non-public information prior to disclosure of such information; and provided further, that in no event shall any Lender be obligated or required to return any materials furnished by Borrower.

by Borrower. Mathew Rule, President Silicon ▇▇▇▇▇, Inc.