AGREEMENT OF LENDER Sample Clauses

AGREEMENT OF LENDER. Lender agrees: (a) to accept the proceeds of the sale remitted by the Company to Lender pursuant to Section 2 above; (b) to apply such proceeds towards payment of outstanding amounts owing under the Notes; and (c) to remit to MTF any remaining proceeds after application to payment in full of all outstanding amounts owing under the Notes.
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AGREEMENT OF LENDER. In reliance on the truth and accuracy of the representations and warranties of Borrower set forth in Section 4.1(aa), Lender hereby agrees that the delivery of certificates and instruments evidencing ownership of the Collateral to Senior Lender, together with satisfaction of the conditions set forth in Section 3.1(a)(2)(H) hereof to the satisfaction of Lender, shall fulfill the obligation of Borrower, as of the date hereof, to deliver the Collateral to Lender.
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AGREEMENT OF LENDER. The Lender agrees, upon satisfaction of the ------------------- conditions specified in Article Two of this Agreement, to deliver to the Borrowers, from time to time, UCC-3 partial releases and such other documents as the Borrowers may reasonably request, to more fully evidence the Lender's release of its Lien in the Receivables and the Other Conveyed Property. SECTION FOUR - GENERAL PROVISIONS ---------------------------------
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AGREEMENT OF LENDER. Subject to the terms and conditions of this Agreement, Lender agrees, from time to time from and after the Effective Date, to make Advances of the Loan to Borrower. Subject to the terms and conditions of this Agreement, Borrower may borrow, repay and reborrow in unlimited repetition.
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AGREEMENT OF LENDER. On or before the Initial Closing Date, the Company shall have received the agreement of its senior lender to (a) restructure the terms of the Company's credit facility to the satisfaction of the Placement Agents and (b) permit the granting by the Company of the registration rights contained in the Term Sheet.
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AGREEMENT OF LENDER. 11 2.2 Interest on the Loan.......................................................................... 12 2.3 Advances...................................................................................... 12 2.4
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AGREEMENT OF LENDER. Concurrently with the recording of the Mortgage, Lender shall advance the amount of the Acquisition Loan to Borrower. Subject to the conditions hereof, and provided that there exists no Default and no Event of Default, Lender will make Advances to Borrower in the aggregate maximum amount of the Renovation Loan in accordance with this Loan Agreement. Lender shall be obligated to make such Advances only in the maximum amount of the Renovation Loan. In addition, Lender shall not be obligated to make an Advance if at any time the combined outstanding balance of the Acquisition Note, the Renovation Note and the promissory note given by Borrower to Lender pursuant to the Interval Receivables Loan would exceed Fifteen Million Dollars and No/100 ($15,000,000.00) in the aggregate if such Advance were made by Lender. The term of the Acquisition Loan and the Renovation Loan shall be for thirty-six (36) months from the date hereof. The Advances under the Renovation Loan shall be drawn by Borrower within eighteen (18) months of the date hereof. Further, unless an Event of Default shall exist and be continuing, Lender shall grant partial releases as provided in the Mortgage.
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AGREEMENT OF LENDER. The Lenders hereby agree that the modifications to subsection 6.1(f) and (g)set forth in this Agreement shall be permitted to be made to the Other Vendor Credit Facility.
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AGREEMENT OF LENDER 
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Related to AGREEMENT OF LENDER

  • Replacement of Lender If the Borrower is required pursuant to Section 3.1, 3.2 or 3.5 to make any additional payment to any Lender or if any Lender’s obligation to make or continue, or to convert Floating Rate Advances into, Eurodollar Advances shall be suspended pursuant to Section 3.3 or if any Lender is a Defaulting Lender (any such Lender, an “Affected Lender”), the Borrower may elect, if such amounts continue to be charged or such suspension is still effective, to replace such Affected Lender as a Lender party to this Agreement, provided that, no Default or Unmatured Default shall have occurred and be continuing at the time of such replacement, and provided further that, concurrently with such replacement, (i) another bank or other entity which is reasonably satisfactory to the Borrower and the Agent shall agree, as of such date, to purchase for cash the Advances and other Obligations due to the Affected Lender pursuant to an Assignment Agreement (and a Defaulting Lender shall be deemed to have executed and delivered such Assignment Agreement if it fails to do so) and to become a Lender for all purposes under this Agreement and to assume all obligations of the Affected Lender to be terminated as of such date and to comply with the requirements of Section 12.3 applicable to assignments, and (ii) the Borrower shall pay to such Affected Lender in same day funds on the day of such replacement (A) all interest, fees and other amounts then accrued but unpaid to such Affected Lender by the Borrower hereunder to and including the date of termination, including without limitation payments due to such Affected Lender under Sections 3.1, 3.2 and 3.5, and (B) an amount, if any, equal to the payment which would have been due to such Lender on the day of such replacement under Section 3.4 had the Loans of such Affected Lender been prepaid on such date rather than sold to the replacement Lender.

  • Consent of Lender Subject to the terms of this Agreement, Lender hereby consents to the Requested Actions. Borrower Parties agree that this Agreement shall not be deemed an agreement by Lender to consent to any other transfer or conveyance of the Project or assumption of the Loan, or a consent to any secondary financing or secondary encumbrance on the Project or New Borrower or any interests in New Borrower.

  • Replacement of Lenders If any Lender requests compensation under Section 3.04, or if the Borrower is required to pay any additional amount to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01, the Borrower may replace such Lender in accordance with Section 10.13.

  • Consent of Lenders (a) Except as expressly provided herein, the Agent shall have the sole and exclusive right to service, administer and monitor this Agreement, the Loans and the other Transaction Documents, including the right to exercise all rights, remedies, privileges and options under this Agreement and under the other Transaction Documents. Notwithstanding the foregoing, each Lender shall make its own investment decision with regard to this Agreement and the Loans, including the credit judgment with respect to the making of Loans and the determination as to the basis on which and extent to which Loans may be made.

  • Release of Lenders The Seller shall obtain executed release agreements and UCC partial releases with respect to the Receivables from (i) CarMax Funding II and the agent on behalf of the lenders or purchasers party to any warehouse financing document related thereto and (ii) CarMax Funding III and the agent on behalf of the lenders or purchasers party to any warehouse financing document related thereto, in each case in form and substance satisfactory to the Purchaser.

  • Release of Lender Borrower hereby releases, remises, acquits and forever discharges Lender, together with its employees, agents, representatives, consultants, attorneys, fiduciaries, servants, officers, directors, partners, predecessors, successors and assigns, subsidiary corporations, parent corporations, and related corporate divisions (all of the foregoing hereinafter called the “Released Parties”), from any and all actions and causes of action, judgments, executions, suits, debts, claims, demands, liabilities, obligations, damages and expenses of any and every character, known or unknown, direct and/or indirect, at law or in equity, of whatsoever kind or nature, whether heretofore or hereafter accruing, for or because of any matter or things done, omitted or suffered to be done by any of the Released Parties prior to and including the Effective Date, and in any way directly or indirectly arising out of or in any way connected to this Agreement or any of the Loan Documents or any of the transactions associated therewith, or the Mortgaged Property, including specifically but not limited to claims of usury.

  • Change of Lending Office; Replacement of Lenders (a) Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Sections 3.01(a)(ii) or (iii), 3.01(c), 3.03 or 3.04 requiring the payment of additional amounts to the Lender, such Lender will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another Applicable Lending Office for any Loans or Commitments affected by such event; provided, however, that such designation is made on such terms that such Lender and its Applicable Lending Office suffer no economic, legal or regulatory disadvantage, with the object of avoiding the consequence of the event giving rise to the operation of any such Section.

  • Amendment of Loan Agreement The Loan Agreement is hereby amended as follows:

  • Mitigation of Obligations Replacement of Lenders (a) If any Lender requests compensation under Section 2.17, or if the Borrower is required to pay any additional amount to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 2.19, then such Lender shall use reasonable efforts to designate a different lending office for funding or booking its Loans hereunder or to assign its rights and obligations hereunder to another of its offices, branches or affiliates, if, in the sole judgment of such Lender, such designation or assignment (i) would eliminate or reduce amounts payable under Section 2.17 or Section 2.19, as the case may be, in the future and (ii) would not subject such Lender to any unreimbursed cost or expense and would not otherwise be disadvantageous to such Lender. The Borrower hereby agrees to pay all costs and expenses incurred by any Lender in connection with such designation or assignment.

  • Benefit of Lenders All Liens granted or contemplated hereby shall be for the benefit of Agent and Lenders, and all proceeds or payments realized from Collateral in accordance herewith shall be applied to the Obligations in accordance with the terms of the Credit Agreement.

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