Where the Borrower definition

Where the Borrower needs to make any drawdown prior to the applicable scheduled drawdown date, it shall obtain the consent of both the Entrustor and the Entrustee. Without the consent of the Entrustor and the written notice from the Entrustor to the Entrustee, any amount that fails to be drawn on the applicable scheduled drawdown date set forth above may not be drawn after such scheduled drawdown date. In the event the Entrustor agrees to release such amount that fails to be drawn on the applicable scheduled drawdown date, the Entrustee may pursuant to the written authorization from the Entrustor, charge liquidated damages on such amount at the rate of 0.05%/day and on the basis of the number of days actually delayed and 360 days a year. In case the Entrustor fails to deposit the sufficient amount for any scheduled drawdown into the Entrusted Loan Account prior to such drawdown so that the Borrower cannot make such drawdown in accordance with the Drawdown Schedule, the Entrustor shall pay liquidated damages to the Borrower at the rate of 0.05%/day and on the basis of the number of days actually delayed and 360 days a year.
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Where the Borrower s Funded Bank Debt to EBITDA Ratio is equal to or less than the ratio of 1.01 to 1, then the interest rate payable to Lender on the Line Note (hereafter defined) for the next ensuing annual period shall be equal to the rate announced by The Chase Manhattan Bank, N.
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Where the Borrower has given notice under Clause 11.2 to prepay a ▇▇▇▇▇▇'s participation in the Loan:
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Examples of Where the Borrower in a sentence

  • Where the Borrower needs to extend the term of loan, it shall apply to the Lender in writing prior to the maturity date of the loan.

  • Where the Borrower comprises two or more persons (whether or not partners), any liability arising hereunder of the Borrower shall be the joint and several liability of each and every person comprising the Borrower and none of such persons comprising the Borrower shall be entitled to any of the rights or remedies of a guarantor as regards the moneys and liabilities of any other such persons.

  • Where the Borrower needs to renew this Contract, it shall submit a written application thereof to the Lender 15 days before the maturity date of the loan, and an extension contract thereof shall be concluded with the Lender upon the Lender's consent.

  • Where the Borrower fails to comply with any obligations in connection with this Loan Agreement he shall incur liabilities and/or penalties in accordance with the Loan Agreement.

  • Where the Borrower provides a warranty for other person's liabilities or provides a mortgage or pledge to a third party with its principal properties which may influence its repayment capacity hereunder, the Borrower shall send the Lender a written notice thereof and shall obtain consent thereof from the Lender.

  • Where the Borrower assumes responsibility for and control of any proceeding against an Indemnitee with respect to an Expense, no additional legal fees or expenses of such Indemnitee in connection with the defense of such Expense shall be indemnified hereunder unless (i) such fees or expenses were incurred at the request of the Borrower, or (ii) the Borrower and such Indemnitee shall have mutually agreed to the retention of such counsel.

  • Where the Borrower intends to repay the loan before the maturity date, it shall obtain consent from the Lender thereof.

  • Where the Borrower fails to complete either one of the applications, the Lender shall have the rights to cancel the undrawn loan amount.

  • Where the Borrower is under any of the following circumstances specified in Item 7, Item 8 and Item 10 of Article 4 hereof (including but not limited to) which are enough to influence the security of loan, the Lender may stop to provide loan or take the loan back prior to the time limit as agreed.

  • Where the Borrower is a FHLB, pursue any and all remedies available to collect, enforce, or satisfy any Loan Repayment Amount against any other FHLB on the basis that the Loan Repayment Amount is a consolidated obligation as described in section 3.3..

Related to Where the Borrower

  • Borrower as defined in the preamble hereto.

  • Borrower Affiliate shall have the meaning set forth in the Lead Securitization Servicing Agreement; provided that in the event that any Non-Lead Note is securitized in a Securitization, the term “Borrower Affiliate” as used in the definitions of “Non-Lead Note Holder” and “Non-Lead Note Holder Representative” shall refer to a “Borrower Affiliate” as defined in the related Non-Lead Securitization Servicing Agreement or such other analogous term used in the related Non-Lead Securitization Servicing 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, and an April 14, 2000, letter agreement, and a May 5, 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 2, 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 May 19, 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 May 19, 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 May 19, 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 May 19, 2000, to the Waiver Termination Date, provided that:

  • Borrower Party means the Mortgage Loan Borrower, a manager of the Mortgaged Property, an Accelerated Mezzanine Loan Lender or any Borrower Party Affiliate.

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