Notice of Lending definition

Notice of Lending means the notice by Borrower made in compliance with Section 73 of the Lien Law.
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Notice of Lending has the meaning set forth in Section 6.2(g).
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Notice of Lending means a notice of lending as described in Section 73 of the Lien Law, in form and substance reasonably satisfactory to the Administrative Agent.
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Examples of Notice of Lending in a sentence

  • The purpose of the Notice of Lending is to inform trust fund beneficiaries that trust funds may be used to repay a lender, and to that extent, will not be available to pay other trust fund beneficiaries.

  • The repayment of such a “cost of improvement” in the absence of a Notice of Lending or other notice to trust beneficiaries precludes the trustee from asserting this defense to a claim of diversion.

  • Here, Pavarini contends that Waterscape never filed a Notice of Lending, and Waterscape has not disputed this either.

  • Second, even if the repayment of the Project Loan was a “cost of improvement,” the use of trust funds was still a diversion because US Bank never filed a Notice of Lending.

  • The court, however, also indicated that, had Fleet filed a “Notice of Lending” pursuant to Section 73 of Lien Law, it could have avoided liability for the improper disposition of these trust funds under Article 3-A of the Lien Law in that the Notice of Lending would have put Contractors (i.e., the beneficiaries of the statutory trust) on notice of Fleet’s intentions regarding the disposition of these proceeds (and, therefore, the Contractors could have better evaluated their risk, at least in theory).

  • To the extent required by the Lien Law, Borrower shall have delivered an update to the Lien Law Affidavit, a new Notice of Lending and a new Notice of Assignment.

  • That financing was extended by Notice of Lending [Docket No.79] dated November 14, 2017 and has been fully drawn down.

  • However, as a general observation, OHCHR notes that the range of NCP specific incident cases illustrate the inbuilt flexibility in applying the principles of the MNE Guidelines to new and emerging areas.

  • Correspondingly, "[p]ursuant to Lien Law §75(3), the trustee's [i.e.Respondents'] books or records shall contain entries regarding trust assets receivable, trust accounts payable, trust funds received, trust payments made with trust assets, and transfers in repayment of or to secure advances made pursuant to a 'Notice of Lending,' together with specific information underlying each trust transaction." (Bette & Cring, LLC.

  • Tribes indicated they prefer face-to-face communication over written dialogues, and stated quantified data did not adequately characterize many elements of government-to- government consultation.

Related to Notice of Lending

  • Money Market Lending Office means, as to each Bank, its Domestic Lending Office or such other office, branch or affiliate of such Bank as it may hereafter designate as its Money Market Lending Office by notice to the Borrower and the Administrative Agent; provided that any Bank may from time to time by notice to the Borrower and the Administrative Agent designate separate Money Market Lending Offices for its Money Market LIBOR Loans, on the one hand, and its Money Market Absolute Rate Loans, on the other hand, in which case all references herein to the Money Market Lending Office of such Bank shall be deemed to refer to either or both of such offices, as the context may require.

  • Notice of Loan means a Notice of Loan in the form of the attached Exhibit D.

  • Notice of Loan Prepayment means a notice of prepayment with respect to a Loan, which shall be substantially in the form of Exhibit 2.05 or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer.

  • Notice of Lien means any "notice of lien" or similar document intended to be filed or recorded with any court, registry, recorder's office, central filing office or other Governmental Authority for the purpose of evidencing, creating, perfecting or preserving the priority of a Lien securing obligations owing to a Governmental Authority.

  • Eurodollar Lending Office means, with respect to any Lender, the office of such Lender specified as its "Eurodollar Lending Office" opposite its name on Schedule I hereto or in the Assignment and Acceptance pursuant to which it became a Lender (or, if no such office is specified, its Domestic Lending Office), or such other office of such Lender as such Lender may from time to time specify to the Borrower and the Agent.

  • Notice of Borrowing has the meaning specified in Section 2.02(a).

  • New Lending Office has the meaning specified therefor in Section 2.09(d).

  • LIBOR Lending Office means, initially, the office of each Lender designated as such Lender's LIBOR Lending Office shown on Schedule 9.2; and thereafter, such other office of such Lender as such Lender may from time to time specify to the Administrative Agent and the Borrower as the office of such Lender at which the LIBOR Rate Loans of such Lender are to be made.

  • Most Favored Lender Notice means, in respect of any More Favorable Covenant, a written notice to each of the holders of the Notes delivered promptly, and in any event within twenty Business Days after the inclusion of such More Favorable Covenant in any Material Credit Facility (including by way of amendment or other modification of any existing provision thereof) from a Responsible Officer referring to the provisions of this Section 9.8 and setting forth a reasonably detailed description of such More Favorable Covenant (including any defined terms used therein) and related explanatory calculations, as applicable.

  • Notice of Extension/Conversion means the written notice of extension or conversion in substantially the form of Exhibit 3.2, as required by Section 3.2.

  • Additional Credit Extension Amendment means an amendment to this Agreement providing for any New Term Loans which shall be consistent with the applicable provisions of this Agreement relating to New Term Loans otherwise satisfactory to the Agent and the Borrower.

  • Notice of Conversion/Extension means the written notice of conversion of a LIBOR Rate Loan to an Alternate Base Rate Loan or an Alternate Base Rate Loan to a LIBOR Rate Loan, or extension of a LIBOR Rate Loan, in each case substantially in the form of Exhibit 1.1(f).

  • Notice of Revolving Credit Advance has the meaning ascribed to it in Section 1.1(a).

  • Borrowing Notice is defined in Section 2.8.

  • Domestic Lending Office means, with respect to any Lender, the office of such Lender specified as its "Domestic Lending Office" opposite its name on Schedule I hereto or in the Assignment and Acceptance pursuant to which it became a Lender, or such other office of such Lender as such Lender may from time to time specify to the Borrower and the Agent.

  • Applicable Lending Office means, with respect to each Lender, such Lender’s Domestic Lending Office in the case of a Base Rate Advance and such Lender’s Eurodollar Lending Office in the case of a Eurodollar Rate Advance.

  • Request for Letter of Credit means a written request for a Letter of Credit substantially in the form of Exhibit F, signed by a Responsible Official of Borrower and properly completed to provide all information required to be included therein.

  • Funding Notice means a notice substantially in the form of Exhibit A-1.

  • Notice of Continuation or Conversion has the meaning provided in Section 2.10(b).

  • Term Loan Extension Request has the meaning set forth in Section 2.16(a).

  • Notice of Interest Rate Election has the meaning set forth in Section 2.08.

  • Notice of Revolving Borrowing shall have the meaning as set forth in Section 2.3.

  • Notice of Prepayment has the meaning assigned thereto in Section 2.4(c).

  • Notice of Swingline Borrowing means a notice in the form of Exhibit F to be delivered to the Agent pursuant to Section 2.04 evidencing the Borrower’s request for a Swingline Loan.

  • Request for Loan means a written request for a Loan substantially in the form of Exhibit E, signed by a Senior Officer of the applicable Borrower and properly completed to provide all information required to be included therein.

  • Notice of Committed Borrowing has the meaning specified in Section 2.02(a).