Subject to Borrower definition

Subject to Borrower s satisfaction of the conditions set forth in Article 5, the "Closing Date" for the transactions contemplated by this Agreement is August 31, 2002.
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Subject to Borrower s satisfaction of the conditions set forth in Section 6, the effective date of this Amendment is June 16, 2004 ("Effective Date").
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Subject to Borrower s satisfaction of the conditions set forth in Section 10, the effective date of this Amendment is May 1, 2004, except that the effective date of the temporary increase is May 26, 2004 ("Effective Date").
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Examples of Subject to Borrower in a sentence

  • Subject to Borrower having the right to enter and visit any such places, Lender and Lender’s employees or agents shall have the right at all times to enter upon any and all real property collateral repossessed or acquired by foreclosure or deed in lieu of foreclosure for whatever purpose Lender deems reasonably appropriate, including, without limitation, inspection of the premises and the posting of such notices and other written or printed material thereon as Lender may deem appropriate or desirable.

  • Subject to Borrower having the right to enter any such places, Lender and its agents and representatives will have the right at any reasonable time, after giving reasonable notice to Borrower, to enter and visit any locations where the Collateral or Underlying Collateral is located for the purposes of observing the Collateral or Underlying Collateral.

  • Subject to Borrower not then being in default under the Note or Second Deed of Trust, Borrower shall also have the right to further extend the Maturity Date to December 31, 2012 by paying Lender an additional principal reduction payment in the amount of $50,000 on or before December 31, 2011.

  • Subject to Borrower not then being in default under the Note or Second Deed of Trust, Borrower shall have the right to extend the Maturity Date to December 31, 2011 by paying Lender a principal reduction payment in the amount of $50,000 on or before December 31, 2011.

  • Subject to Borrower providing Lender with prior written notice of at least 21 days, the closing of the transactions in relation to each Loan (the “Loan Closing”) shall occur one week prior to the closing of each of the SPA, following satisfaction or waiver of all the conditions precedent to Loan Closing, or at such other time, date and place as may be agreed by the Parties in writing (the time and date of the Loan Closing being herein referred to as the “Loan Closing Date”).

  • Subject to Borrower having entered into a new franchise agreement to operate the property located at 0000 Xxxxxxxxxxxx Xxxxxx, Xxxxx Xxxxx, XX 00000 as a Doubletree hotel, which shall be in full force and effect by not later than August 15, 2011, and the hotel commences to operate as a Doubletree hotel on or before October 1, 2011, Lender agrees to waive the Event of Default arising from such termination.

  • Subject to Borrower having entered into a new franchise agreement to operate the property located at 0000 Xxxxxxxx, Xxx Xxxxxxx, Xxxxx, as a Country Inn & Suites hotel, which shall be in full force and effect by not later than August 15, 2011, Lender agrees to waive the Event of Default arising from such termination.

  • Subject to Borrower taking all action required under this Agreement, the quarterly principal payment in the amount of $500,000 that was due and payable to the Lenders by Borrower on December 31, 2002, pursuant to Section 2.2(c) of the Credit Agreement, is hereby deferred until February 14, 2003, at which time such payment shall be due and payable.

  • Subject to Borrower making a prepayment in an amount sufficient to reduce the outstanding Obligations to Fifteen Million Dollars ($15,000,000), Bank consents to Borrower using all cash Collateral remaining in Borrower’s deposit accounts at Bank to fund the actual and necessary expenses shown on the budget attached hereto as Schedule 2.

  • Subject to Borrower providing Lender with prior written notice of at least 2 days, the closing of the transaction in relation to the Loan (the “Loan Closing”) shall occur no later than or on August 31st, 2017, following satisfaction or waiver of all the conditions precedent to the Loan Closing, or at such other time, date and place as may be agreed by the Parties in writing (the time and date of the Loan Closing being herein referred to as the “Loan Closing Date”).


More Definitions of Subject to Borrower

Subject to Borrower s satisfaction of the conditions set forth in Section 4, the effective date of the Amendment is March 10, 2004 ("Effective Date").
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Subject to Borrower s ability to obtain advances under section 4.02, Borrower unconditionally promises and agrees to immediately reimburse Bank on Bank's demand in the full amount of any payment made by Bank on any draft presented to Bank under any credit issued by Bank upon Borrower's application. Unless otherwise approved by Borrower, Bank will only honor conforming documentary drafts. Upon receipt of a conforming documentary draft, Bank may demand that Borrower prepay by wire transfer in immediately available funds the amount to which Bank will be entitled by way of reimbursement upon honoring the draft. In each instance, Bank may require such payment either in U.S. dollars or the currency in which the draft is payable. If any amount is demanded by Bank, but not reimbursed or repaid by Borrower, Borrower will pay interest on such amount at the default rate unless Borrower has obtained an advance from Bank under section 4.02 to fund such reimbursement obligation. Bank shall retain all documents of title and, therefore, entitlement to possession of the goods until reimbursement is received.
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Related to Subject to Borrower

  • Co-Borrowers has the meaning specified in the introductory paragraph to this Agreement.

  • Co-Borrower shall have the meaning assigned to such term in the introductory paragraph of this Agreement.

  • Borrowing Subsidiary means any Subsidiary that has been designated as such pursuant to Section 2.18 and that has not ceased to be a Borrowing Subsidiary as provided in such Section.

  • Subsidiary Borrowers means (a) each Domestic Subsidiary that is a party hereto as of the Closing Date and (b) each Domestic Subsidiary that becomes a party to this Agreement after the Closing Date pursuant to Section 9.11 or otherwise.

  • Designated Borrower has the meaning specified in the introductory paragraph hereto.

  • Swingline Bank means JPMCB, in its capacity as lender of Swingline Advances hereunder.

  • U.S. Borrower means any Borrower that is a U.S. Person.

  • Commitment Period means the period commencing on the earlier to occur of (i) the Effective Date, or (ii) such earlier date as the Company and the Investor may mutually agree in writing, and expiring on the earliest to occur of (x) the date on which the Investor shall have made payment of Advances pursuant to this Agreement in the aggregate amount of Five Million Dollars ($5,000,000), (y) the date this Agreement is terminated pursuant to Section 2.5, or (z) the date occurring twenty-four (24) months after the Effective Date.

  • Borrower as defined in the preamble hereto.

  • Initial Borrowing Date means the date occurring on or after the Effective Date on which the initial Borrowing of Loans occurs.

  • Subsidiary Borrower mean each Subsidiary of the Company that shall become a Subsidiary Borrower pursuant to Section 2.19, so long as such Subsidiary shall remain a Subsidiary Borrower hereunder. As of the date hereof, there are no Subsidiary Borrowers party hereto.

  • Swing Line Bank has the meaning specified in the recital of parties to this Agreement.

  • Canadian Borrower as defined in the preamble hereto.

  • Canadian Lending Office means, with respect to any Lender, the office of such Lender specified as its “Canadian Lending Office” in its Administrative Questionnaire or such other office of such Lender as such Lender may from time to time specify to the U.S. Borrower and the Agent.

  • U.S. Loan Parties means the U.S. Borrowers and the U.S. Guarantors.

  • Initial Borrower has the meaning set forth in the preamble hereto.

  • Designated Borrower Notice has the meaning specified in Section 2.14.

  • Canadian Borrowers has the meaning specified in the preamble to this Agreement.

  • The Borrower has advised the Banks that the Borrower has entered into an Agreement and Plan of Merger and Reorganization, dated as of February 10, 2000 (the "Merger Agreement"), among the Borrower, Opticare Health Systems, Inc. (the "Parent"), and OC Acquisition Corp., a wholly-owned subsidiary of the Parent ("Merger Sub"), pursuant to which the parties intend to merge Merger Sub with and into the Borrower subject to the terms and conditions thereof which include, among other things, restructuring the Obligations owing to the Banks on terms and conditions mutually agreed upon by the Borrower and the Banks. While the Borrower and the Banks have initiated discussions and due diligence concerning the Merger and any proposed restructuring of the Obligations, the Borrower acknowledges that the Banks have not consented to the Merger nor have the Banks agreed to any terms and conditions relating to any restructuring of the Obligations. In the meantime, however, the Borrower intends to continue to sell the remaining physician practice management groups operated by the Borrower and its Subsidiaries (collectively being referred to herein as the "PPM Businesses") and use a portion of the proceeds from the sale of the PPM Businesses to meet its reasonable and necessary operating expenses. To afford the Borrower an opportunity to proceed with the transactions described above, the Borrower has requested that (i) the Banks extend the temporary waiver period provided for in Sections 2.1 and 2.2 of that certain Seventh Amendment and Waiver to Credit Agreement dated as of December 10, 1999, among the Borrower, the Banks, and the Agent (the "Seventh Amendment") (as further amended, in part, by a December 30, 1999, letter agreement, a February 29, 2000, letter agreement, a March 24, 2000, letter agreement, an April 14, 2000, letter agreement, a May 5, 2000, letter agreement, and a May 19, 2000, letter agreement, in each case between the Borrower, the Banks and the Agent) and, in addition, that the Banks temporarily waive any non-compliance by the Borrower as of December 31, 1999, and as of March 31, 2000, with Sections 8.8 (Total Funded Debt/Adjusted EBITDA Ratio), 8.10 (Interest Coverage Ratio), and 8.11 (Debt Service Coverage Ratio) of the Credit Agreement and the Borrower's non-compliance with Section 8.5(b) of the Credit Agreement with respect to the timely delivery of the Borrower's March 31, 2000, financial statements, in each case to the earlier of June 9, 2000, or the termination of the Merger Agreement pursuant to its terms (the earlier of such dates being referred to herein as the "Waiver Termination Date"), (ii) Bank of Montreal extend the Bridge Loan Period from June 2, 2000, to the Waiver Termination Date, and (iii) postpone the due date for the payment of principal, interest and unused commitment fees otherwise due on or before June 2, 2000, to the Waiver Termination Date. By signing below, the Banks (including Bank of Montreal with respect to the Bridge Loan Commitment) hereby agree to extend the waiver period provided in Sections 2.1 and 2.2 of the Seventh Amendment from June 2, 2000, to the Waiver Termination Date, temporarily waive any non-compliance by the Borrower as of December 31, 1999, and March 31, 2000, with Sections 8.8 (Total Funded Debt/Adjusted EBITDA Ratio), 8.10 (Interest Coverage Ratio), and 8.11 (Debt Service Coverage Ratio) of the Credit Agreement and the Borrower's non-compliance with Section 8.5(b) of the Credit Agreement with respect to the timely delivery of the Borrower's March 31, 2000, financial statements through the period ending on the Waiver Termination Date, agree to extend the Bridge Loan Period to the Waiver Termination Date, and agree to postpone the due date for the payment of principal, interest, and unused commitment fees otherwise due on or before June 2, 2000, to the Waiver Termination Date, provided that:

  • Qualified borrower means any borrower that is a sponsoring entity that has a controlling interest in the real property that is financed by a qualified loan. A controlling interest includes, but is not limited to, a controlling interest in the general partner of a limited partnership that owns the real property.

  • Domestic Loan Parties means, collectively, the Company and the Guarantors.

  • Authorized Borrower Representative means a person at the time designated and authorized to act on behalf of the Borrower by a written certificate furnished to the Governmental Lender, the Funding Lender, the Fiscal Agent and the Servicer and containing the specimen signature of such person and signed on behalf of the Borrower by its Borrower Controlling Entity which certificate may designate one or more alternates.

  • Lender Parent means, with respect to any Lender, any Person as to which such Lender is, directly or indirectly, a subsidiary.

  • Domestic Borrower means the Company and each Designated Borrower that is a Domestic Subsidiary.

  • Subsidiary Loan Parties means (a) the Subsidiaries identified on Schedule I and (b) each other Subsidiary that becomes a party to this Agreement as a Subsidiary Loan Party after the Effective Date.

  • Canadian Loan Parties means the Canadian Borrower and the Canadian Guarantors.