FUND BORROWER definition

FUND BORROWER means each Fund that borrows money hereunder for its own account and not for the account of one of its Portfolios; and "FUND BORROWERS" shall mean, collectively, all of the Fund Borrowers.
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FUND BORROWER means the Initial Borrower. For the avoidance of doubt, a Qualified Borrower shall not be considered a Fund Borrower for the purposes of any Loan Document.
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FUND BORROWER. [Franklin BSP Capital Corporation] This certificate is delivered under the Revolving Credit Agreement, dated as of April 22, 2021 (as amended, modified, supplemented, or restated from time to time, the “Credit Agreement”), among the Fund Borrower, the Qualified Borrowers party thereto, M▇▇▇▇▇ S▇▇▇▇▇▇ Asset Funding, Inc., as the Administrative Agent for the Secured Parties and Sole Lead Arranger, and M▇▇▇▇▇ S▇▇▇▇▇▇ Bank, N.A., as the Letter of Credit Issuer and a Lender. Capitalized terms not defined herein shall have the meanings assigned to such terms in the Credit Agreement. The undersigned Responsible Officer, in such capacity only and not in his/her individual capacity, hereby certifies as of the date hereof that he/she is authorized to execute and deliver this certificate to Administrative Agent on behalf of the Fund Borrower, and that as of the date hereof:
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Examples of FUND BORROWER in a sentence

  • FUND BORROWER AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW.

  • FUND BORROWER WAIVES ANY OBJECTION TO ANY ACTION OR PROCEEDING IN ANY STATE OR FEDERAL COURT SITTING IN RIVERSIDE COUNTY, CALIFORNIA ON THE BASIS OF FORUM NON CONVENIENS.

  • FUND BORROWER HEREBY WAIVES PERSONAL SERVICE OF ANY PROCESS IN CONNECTION WITH ANY SUCH ACTION OR PROCEEDING AND AGREES THAT THE SERVICE THEREOF MAY BE MADE BY CERTIFIED OR REGISTERED MAIL DIRECTED TO FUND BORROWER AT THE ADDRESS SET FORTH IN SECTION 8.09 HEREOF.

  • Each party hereby irrevocably waives personal service of process and consents to process being served in any such suit, action or proceeding by mailing a copy thereof via registered or certified mail or overnight delivery (with evidence of delivery) to such party at the address in effect for notices to it under this Series B Warrant and agrees that such service shall constitute good and sufficient service of process and notice thereof.

  • EACH OF FUND BORROWER AND FUND LENDER HEREBY IRREVOCABLY WAIVES, TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE NOTE OR ANY OTHER LOAN DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE.

  • FUND BORROWER FURTHER AGREES THAT, AT THE DISCRETION OF FUND LENDER, FUND LENDER MAY SERVE LEGAL PROCESS IN ANY OTHER MANNER PERMITTED BY LAW AND MAY BRING ANY ACTION OR PROCEEDING AGAINST FUND BORROWER OR ITS PROPERTY IN THE COURTS OF ANY OTHER JURISDICTION.

  • FUND BORROWER AND FUND LENDER EACH ACKNOWLEDGES AND AGREES THAT IT HAS RECEIVED FULL AND SUFFICIENT CONSIDERATION FOR THIS PROVISION (AND EACH OTHER PROVISION OF THIS FUND LOAN AGREEMENT AND EACH OTHER DOCUMENT TO WHICH IT IS A PARTY) AND THAT THIS PROVISION IS A MATERIAL INDUCEMENT FOR FUND LENDER IN MAKING THE FUND LOAN.

  • FUND BORROWER: AGTB Private BDC This certificate is delivered under the Revolving Credit Agreement, dated as of June 10, 2022 (as amended, modified, supplemented, or restated from time to time, the “Credit Agreement”), among the Fund Borrower, the Qualified Borrowers party thereto, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Asset Funding Inc., as the Administrative Agent (the “Administrative Agent”) for the Secured Parties and Sole Lead Arranger, and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Bank, N.A., as the Letter of Credit Issuer and a Lender.

  • FUND BORROWER FURTHER AGREES THAT, AT THE DISCRETION OF FUND LENDER, FUND LENDER MAY SERVE LEGAL PROCESS IN ANY OTHER MANNER TO THE EXTENT NOT PROHIBITED BY LAW AND MAY BRING ANY ACTION OR PROCEEDING AGAINST FUND BORROWER OR ITS PROPERTY IN THE COURTS OF ANY OTHER JURISDICTION.

  • FUND BORROWER AND FUND LENDER EACH FURTHER REPRESENTS AND WARRANTS THAT IT HAS BEEN REPRESENTED IN THE SIGNING OF THIS FUND LOAN AGREEMENT AND IN THE MAKING OF THIS WAIVER BY INDEPENDENT LEGAL COUNSEL, OR HAS HAD THE OPPORTUNITY TO BE REPRESENTED BY INDEPENDENT LEGAL COUNSEL SELECTED OF ITS OWN FREE WILL, AND THAT IT HAS HAD THE OPPORTUNITY TO DISCUSS THIS WAIVER WITH COUNSEL.