Designated Borrower definition
Examples of Designated Borrower in a sentence
The Administrative Agent shall have received full payment from the Company of the fees and expenses of ▇▇▇▇▇ ▇▇▇▇ & ▇▇▇▇▇▇▇▇ LLP described in Section 9.03 which are billed through the applicable Designated Borrower Effective Date and which have been invoiced one Business Day prior to the applicable Designated Borrower Effective Date.
As of the Amendment No. 4 Effective Date, the 2028 KU Commitment Amount of each 2028 Revolving Lender is the amount set forth in the table under the heading “2028 KU Commitments” opposite such 2028 Revolving Lender’s name on Appendix A3 (it being understood and agreed that Appendix A3 hereto may be replaced by the Borrower and the Administrative Agent to reflect the actual 2028 KU Commitment Amount as of the KU Designated Borrower Effective Date).
Since the last day of the Designated Fiscal Year, there has been no change in the business, assets, financial condition or operations of the applicable Designated Borrower that would materially and adversely affect such Designated Borrower’s ability to perform any of its obligations under this Agreement, the Notes or the other Loan Documents.
For the avoidance of doubt, from the KU Designated Borrower Effective Date, the 2028 KU Commitment Amount shall constitute a part of the Commitments.
The Company may at any time, notify the Administrative Agent that the Company intends to designate a Pre-Approved Designated Borrower (other than NEC) as a “Designated Borrower” for purposes of this Agreement (each, an “Other Designated Borrower”).