Upon Lender definition
Upon Lender s request, Borrower agrees to deliver to Lender, at such places as Lender may reasonably designate, schedules executed by Borrower, listing the Receivables and fully and correctly specifying in adequate detail the aggregate unmatured unpaid face amount of each Receivable and the amount of the deferred installments thereof falling due each month. These schedules shall be in form and tenor satisfactory to or supplied by Lender. All schedules delivered and Collateral pledged to Lender shall be assigned to Lender pursuant to the "Schedule of Receivables and Assignment" in the form and substance of Exhibit "E" attached hereto. Borrower further warrants and agrees that in each case where the terms of any Receivable require the Borrower or the Account Debtor named in such Receivable to place or carry fire insurance or other insurance in respect of the merchandise or property to which such Receivable relates, the Borrower shall or shall cause the Account Debtor to maintain such insurance until the full amount of such Receivable is collected and if not, Lender, at its option, may place and maintain such insurance, charging the cost thereof to Borrower.
Upon Lender s request, Borrower shall deliver to Lender an Officer's Certificate setting forth (i) the number of properties covered by such policy, (ii) the location by city (if available, otherwise, county) and state of the properties, (iii) the average square footage of the properties (or the aggregate square footage), (iv) a brief description of the typical construction type included in the blanket policy and (v) such other information as Lender may reasonably request.
Upon Lender s written request and at Borrower's sole expense, Borrower will promptly and duly execute and deliver such further instruments and documents and take such further action as Lender may reasonably request for the purpose of obtaining, giving notice of, protecting, preserving and perfecting the security interests granted under this Agreement, including, without limitation, the filing of any financing or continuation statements under the Uniform Commercial Code (the "CODE") in effect in any jurisdiction with respect to the security interests created hereby, the recording of the security interests granted hereunder in any intellectual property with the appropriate governmental or other authorities in any jurisdiction. Borrower agrees that a carbon, photographic or other reproduction of this Agreement (or, if appropriate, any other Loan Document) will be sufficient as a financing statement for filing in any jurisdiction.
Examples of Upon Lender in a sentence
Upon Lender giving notice to Borrower of any such assignment, Borrower shall promptly acknowledge its obligations hereunder to such assignee, and shall comply with the written directions or demands of such assignee and shall make all payments due hereunder as such assignee may direct in writing.
Upon Lender furnishing to Borrower an affidavit to such effect, if the Note is mutilated, destroyed, lost or stolen, Borrower shall deliver to Lender, in substitution therefore, a new note containing the same terms and conditions as the Note.
Upon Lender giving the Lender’s Refinancing Exercise Notice, Borrower and Lender shall negotiate in good faith the non-material terms of Lender’s Proposed Refinancing, and Borrower shall take all action reasonably required by it or its agents to consummate a financing with Lender on the terms of the Lender’s Proposed Refinancing, or such other terms as Borrower and Lender may agree.
Upon Lender request, Borrower shall provide to Lender copies of each of Borrower’s federal income tax returns, and any amendments thereto and extensions thereof.
Upon Lender taking ownership of the Pledged Class B Stock pursuant to this Section 2.2(b), Federal-Mogul shall record the transfer of the shares of Pledged Class B Stock to Lender on Federal-Mogul’s corporate records and Borrower shall execute any other documents and take any other action necessary or advisable to affirm, effectuate or evidence Lender’s ownership of the Pledged Class B Stock.
More Definitions of Upon Lender
Upon Lender s request therefor given from time to time after the occurrence of any Default or Event of Default, pay for reports of UCC, federal tax lien, state tax lien, judgment and pending litigation searches relating to Borrower and the members of the Borrower Control Group;
Upon Lender s request from time to time, all parties to this Agreement shall make, execute, acknowledge and deliver any and all documents, instruments or other written undertakings, and shall take all such further action, as in each case may be required to carry out the intent and purpose of this Agreement and to provide for the payment and securing of the Obligations according to the intent and purpose expressed in this Agreement and Security Documents.
Upon Lender s request Borrower shall furnish Lender with receipts showing payment of the Property Taxes and Charges prior to such Property Taxes and Charges becoming delinquent.
Upon Lender s request therefor given from time to time after the occurrence of any Event of Default pay for (a) reports of UCC, federal tax lien, state tax lien, judgment and pending litigation searches with respect to Borrower and (b) searches of title to any Facility, each such search to be conducted by search firms reasonably designated by Lender in each of the locations reasonably designated by Lender.
Upon Lender s request therefor given in connection with the Securitization or from time to time, pay for (a) reports of UCC, tax lien, judgment and litigation searches with respect to Borrower and (b) searches of title to each Individual Property, each such search to be conducted by search firms designated by Lender in each of the locations designated by Lender;
Upon Lender s delivery of any "Fannie-to-Fannie" Refinance Mortgage, Lender hereby warrants that the value of the mortgaged property securing the Mortgage has not declined since the origination of the loan documented by the Original Underwriting File. With respect to any "Fannie-to-Fannie" Refinance Mortgage for which the Lender cannot represent that the property value has not declined, Lender only represents that the value of the mortgaged property is no less than the amount of the new Mortgage. In either case, nothing herein shall be deemed to release Lender from its representations and warranties relating to the underwriting of the borrower or the property value with respect to the Existing Loan, which representations and warranties shall continue after delivery of the new Mortgage to ▇▇▇▇▇▇ Mae. In addition to the remedies set forth in the ▇▇▇▇▇▇ ▇▇▇ Selling and Servicing Guides with respect to Lender's breach of representations and warranties, in the event the Lender is in breach of the foregoing representation and warranty with respect to a Mortgage delivered to ▇▇▇▇▇▇ Mae for MBS or cash, Lender must immediately repurchase such Mortgage at the repurchase price set forth in Part VI, Chapter 2, Section 201 of the ▇▇▇▇▇▇ ▇▇▇ Servicing Guide (or any successor provision). If Lender repurchases a `Fannie-to Fannie' Refinance Mortgage due to breach of the representation of the property value, Lender may contact its Customer Account Manager and ▇▇▇▇▇▇ Mae will arrange for the purchase of such Mortgage for cash at a par price, notwithstanding the then current yields otherwise applicable. However, any such Mortgage that was, at the time of its initial delivery hereunder, subject to a risk sharing or recourse arrangement (including, for this purpose, Lender recourse) must retain that arrangement or a comparable arrangement acceptable to ▇▇▇▇▇▇ ▇▇▇ at the time of redelivery to ▇▇▇▇▇▇ Mae. Additionally at redelivery, Lender must enter Special Feature Code "10" (Non-Poolable Special Loan) on the Loan Schedule (Forms 1068/1069). Alternatively, Lender may obtain a new appraisal on which it bases its warranty as to the current value of the property on either ▇▇▇▇▇▇ ▇▇▇ Form 1004 Uniform Residential Appraisal Report or the ▇▇▇▇▇▇ Mae Form 2055 Desktop Underwriter Quantitative Analysis Appraisal Report (or Form 2095 for cooperative interest properties) with an interior and exterior inspection (for Mortgages delivered outside of Desktop Underwriter), or ▇▇▇▇▇▇ ▇▇▇ Form 1025 Small ...
Upon Lender s demand for payment of the Revolving Loan or upon the occurrence of any Event of Default, Lender shall have in any jurisdiction where enforcement of this Agreement, the Notes or any other Financing Agreement is sought, in addition to all other rights and remedies which Lender may have under law and equity, the following rights and remedies, all of which may be exercised with or without further notice to Borrowers and without a prior judicial or administrative hearing, which notice and hearing are expressly waived: to occupy any of Borrowers' premises for up to six (6) months rent free for the purposes of liquidating Collateral, including, without limitation, conducting an auction thereon; to enforce or foreclose the liens and security interests created under this Agreement or under any other agreement relating to Collateral by any available judicial procedure or without judicial process; to enter any premises where any Collateral may be located for the purpose of taking possession or removing the same; to sell, assign, lease, or otherwise dispose of Collateral or any part thereof, either at public or private sale, in lots or in bulk, for cash, on credit or otherwise, with or without representations or warranties, and upon such terms as shall be acceptable to Lender, all at Lender's sole option and as Lender in its sole discretion may deem advisable; to bid or become purchaser at any such sale if public; and, at the option of Lender to apply or be credited with the amount of all or any part of the Obligations owing to Lender against the purchase price bid by Lender at any such sale.