Subject to Lender definition

Subject to Lender s conversion rights as set forth in the Loan Agreement, the Borrower will have the right at any time and from time to time, upon not less than fifteen (15) business days notice to Lender to prepay all or any portion of the unpaid principal balance of this Note without penalty, but with interest accrued to the date of prepayment on the unpaid principal balance of the Note. Notwithstanding the foregoing, Borrower shall not be required to provide Lender with advance notice of any prepayment received by Lender on or prior to January 31, 1996. The Borrower agrees that if, and as often as, this Note is placed in the hands of an attorney for collection or to defend or enforce any of the Lender's rights under this Note, the Loan Documents (as defined in the Loan Agreement) or otherwise relating to the indebtedness hereby evidenced, the Borrower will pay the Lender's reasonable attorneys' fees, all court costs and all other expenses incurred by the Lender in connection therewith. The Lender may collect a late charge equal to five percent (5%) of each payment which is not received by the Lender within ten (10) days after the due date of such payment. Such late charge represents the estimate of reasonable compensation for the loss which will be sustained by the Lender arising from the Borrower's failure to make timely payments and may be collected without prejudice to the rights of the Lender to collect any other amounts arising from the Borrower's default in payment or to accelerate the maturity of the indebtedness hereby evidenced. In addition to the foregoing late charge, at the option of the Lender, after the occurrence of any Event of Default (as defined in the Loan Agreement), the unpaid balance of this Note will bear interest at a Default Rate which is equal to five percent (5.0%) in excess of the Note Rate (eight percent (8.0%) in excess of the Prime Rate) and such interest which has accrued will be paid at the time of and as a condition precedent to curing any Event of Default (as defined in the Loan Agreement). During the existence of any Event of Default, the Lender may apply payments received on any amount due hereunder or under the terms of any instrument now or hereafter evi- 58 dencing or securing payment of this indebtedness as the Lender determines from time to time. Payment of the indebtedness hereby evidenced is secured by certain security interests described in the Loan Documents (as defined under the Loan Agreement). On the breach by the Borrower...
Sample 1
Subject to Lender s conversion rights set forth below, the Borrower shall pay xxx xutstanding principal balance and all accrued and unpaid interest due hereunder on November 26, 2005 (the "Maturity Date"). Notwithstanding anything to the contrary contained herein, if at any time prior to the Conversion Start Date (as hereinafter defined), the Borrower shall fail to make any quarterly payment of interest due hereunder (each, a "Pre-Conversion Unmatured Interest Default"), the Borrower shall forfeit any right to pay the amount of such Pre-Conversion Unmatured Interest Default (or cause any other entity or affiliate of the Borrower, including any guarantor, to pay such amount) and the outstanding principal amount hereof shall bear interest at the Default Rate until such time as this Note is repaid in full or the full amount due under this Note is converted in accordance with the terms herein; provided, further, that, at any time after the Conversion Start Date, the Borrower shall fail to make any quarterly payment of interest due hereunder, such failure shall constitute an Event of Default under Section 8(a) hereof.
Sample 1

Examples of Subject to Lender in a sentence

  • Subject to Lender approval, a portion of the Project Costs may be donated or supplied without cost by third parties as a charitable contribution to Howard or NCMC.

  • Subject to Lender approval, Surety shall have the right to engage in one or more Surety Transactions, and to structure and restructure all or any part of the Surety Bond and Backstop Policy in connection therewith, including such amendments to representations and warranties in the Loan Documents as may be appropriate.

  • Subject to Lender complying with the corporate formalities required in the jurisdiction of its formation and under the Investment Company Act of 1940 to ensure that the liabilities of each Series are not the liabilities of any other Series, GSAL acknowledges and agrees that the assets and revenues of all the Series will not represent an aggregate pool of assets for the purpose of discharging the payment obligations of the Lender under this Agreement.

  • Subject to Lender complying with its obligations set forth herein, Borrower agrees that if it or its affiliates consummate the transactions contemplated by (i) the MSH PSA, (ii) the HBLR PSA or (iii) the MSREF PSA, the Borrower shall borrow the necessary funds from Lender on the terms set forth herein.

  • It was suggested that, because each update in an accounting period adds to the previous updates to give a cumulative position for the business for the accounting period, a sensible approach would be for amendments to MTDfB updates to be dealt with in a similar way to corrections to VAT returns, with any amendment made in the next update so that the cumulative position is corrected once the later update is filed.

  • The Company handles such a transaction on behalf of and for the account of the Client by closing it with third parties or directly between itself and the Client.

  • Subject to Lender receiving a confidentiality agreement satisfactory to Lender from such Person interested in purchasing or being assigned any rights of Lender in the Loan Documents, Borrower hereby consents to and agrees that Lender may disclose to any Person any and all information connected with or related to the Revolving Loan or other Loan Documents for the purpose of selling or assigning any rights of Lender in the Loan Documents.

  • SCHEDULE 1 COMMITMENTS LENDER FIRST TRANCHE TERM LOAN COMMITMENT SECOND TRANCHE TERM LOAN COMMITMENT THIRD TRANCHE TERM LOAN COMMITMENT FOURTH TRANCHE TERM LOAN COMMITMENT1 TOTAL COMMITMENTS K2 HEALTHVENTURES LLC $ 15,000,000.00 $ 10,000,000.00 $ 10,000,000.00 $ 15,000,000.00 $ 50,000,000.00 1 Subject to Lender approval in its sole and absolute discretion.

  • Assumable• Subject to Lender and HUD approval and payment of assumption fee.

  • Subject to Lender s approval, Borrower is free to select the insurance agent or insurer through which insurance is obtained.

Related to Subject to Lender

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

  • 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.

  • 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.

  • 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.

  • 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.

  • Eligible lending institution means a financial

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

  • Farm Credit Lender means a lending institution organized and existing pursuant to the provisions of the Farm Credit Act of 1971 and under the regulation of the Farm Credit Administration.

  • Swing Loan Lender means PNC, in its capacity as lender of the Swing Loans.

  • L/C Lender a Lender with an L/C Commitment.

  • 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.

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

  • Euro-Dollar Lending Office means, as to each Bank, its office, branch or affiliate located at its address set forth in its Administrative Questionnaire (or identified in its Administrative Questionnaire as its Euro-Dollar Lending Office) or such other office, branch or affiliate of such Bank as it may hereafter designate as its Euro-Dollar Lending Office by notice to the Borrower and the Administrative Agent.

  • Revolving Loan Lender means a Lender with a Revolving Credit Commitment or a Revolving Loan.

  • Tranche B Lender means a Lender with a Tranche B Commitment or an outstanding Tranche B Term Loan.

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

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

  • Other Revolving Credit Loans means one or more Classes of Revolving Credit Loans that result from a Refinancing Amendment.

  • Lending institution Any insurance company, federally insured commercial or savings bank, national banking association, savings and loan association, credit union, employees’ welfare, pension or retirement fund or system, corporate profit sharing or pension trust, college or university, endowment fund, real estate investment trust, or other institutional lender or financial enterprise, including, without limitation, any corporation qualified to be treated for federal tax purposes as a real estate investment trust, having a net worth of at least $50,000,000 acting on its own behalf or as agent on behalf of other Lending Institutions.

  • Prime Lending Rate means the rate which BTCo announces from time to time as its prime lending rate, the Prime Lending Rate to change when and as such prime lending rate changes. The Prime Lending Rate is a reference rate and does not necessarily represent the lowest or best rate actually charged to any customer. BTCo may make commercial loans or other loans at rates of interest at, above or below the Prime Lending Rate.

  • Incremental Revolving Loan Lender shall have the meaning provided in Section 2.14(b).

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

  • Lender has the meaning specified in the introductory paragraph hereto and, as the context requires, includes the Swing Line Lender.

  • Other Revolving Loans means the Revolving Loans made pursuant to any Other Revolving Commitment.

  • Initial Lender has the meaning specified in the recital of parties to this Agreement.

  • U.S. Swingline Lender means JPMorgan Chase Bank, N.A., in its capacity as lender of U.S. Swingline Loans hereunder.