Credit Resources Sample Clauses

Credit Resources. The Company acknowledges that Newco has informed it that Newco may not from time to time in the future have cash, cash equivalents, and credit resources sufficient to permit Newco to necessarily make all requested Advances under this Agreement while maintaining sufficient working capital for Newco's operating needs. The Company agrees that in the event Newco shall fail to fund the Loans as and to the extent required hereby solely as a result of the unavailability to Newco of cash and/or credit resources to fund the Loans and not as a result of any failure of the Company to satisfy the conditions precedent to Advances or of the occurrence of a Development Default or Event of Default hereunder (a "Funding Default"), such Funding Default shall not (a) constitute fraud (by any person or entity, including Newco and its successors and assignees) or (b) give rise to any liability of any person or entity (other than Newco and its successors and assignees) in any other tort, and the Company further agrees that it shall be limited to its remedies in contract and in a non-fraud tort action against Newco. Newco and the Company agree that this Section 3.11 shall not diminish or otherwise affect in any way the amount of damages for which Newco may be liable to the Company in a contract or non-fraud tort action for a Funding Default.
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Credit Resources. Borrower acknowledges that Lender has informed it that Lender may not from time to time in the future have cash, cash equivalents, and credit resources sufficient to permit Lender to make all requested advances under this Agreement and other agreements with developers and franchisees of PJI while maintaining sufficient working capital for Lender's expansion and operating needs, and Borrower agrees that in the event Lender shall fail to fund the Loan as and to the extent required hereby and such failure shall constitute a breach of this Agreement (a "Funding Default"), such Funding Default shall not (v) constitute fraud (by any person or entity, including Lender and its Successors and Assignees) or (vi) give rise to any liability of any person or entity, including Lender and its Successors and Assignees, in any other tort, and Borrower further agrees that it shall be limited to its remedies in contract solely against Lender.
Sample 1
Credit Resources. DEVELOPER acknowledges that the Company has informed it that the Company may not from time to time in the future have cash, cash equivalents, and credit resources sufficient to permit the Company to make requested Advances under this Agreement while maintaining sufficient working capital for the Company's operating needs. DEVELOPER agrees that the Company shall have no obligation to make any Advances if sufficient funds are not available to the Company under the Senior Credit Facility to fund the full amount of the requested Advance.
Sample 1
Credit Resources. DEVELOPER acknowledges that the Company has informed it that the Company does not currently and may not from time to time in the future have cash, cash equivalents, and credit resources sufficient to permit the Company to necessarily make all requested Advances under this Agreement and all other similar agreements with its financed area
Sample 1
Credit Resources. The Company acknowledges that Boston Chicken has informed it that Boston Chicken does not currently and may not from time to time in the future have cash, cash equivalents, and credit resources sufficient to permit Boston Chicken to necessarily make all requested Advances under this Agreement and all other similar agreements with financed area developers and franchisees while maintaining sufficient working capital for Boston Chicken's operating needs. The Company agrees that in the event Boston Chicken shall fail to fund the Loan as and to the extent required hereby solely as a result of the unavailability to Boston Chicken of cash and/or credit resources to fund the Loan and not as a result of any failure of the Company to satisfy the conditions precedent to Advances or of the occurrence of a Default or Event of Default hereunder (a "Funding Default"), such Funding Default shall not (a) constitute fraud (by any person or entity, including Boston Chicken and its successors and assignees) or (b) give rise to any liability of any person or entity (other than Boston Chicken and its successors and assignees) in any other tort, and the Company further agrees that it shall be limited to its remedies in contract and in tort as specified in clause (b) above against Boston Chicken. Boston Chicken and the Company agree that this Section 1.10 shall not diminish or otherwise affect in any way the amount of damages for which Boston Chicken may be liable to the Company in a contract or non-fraud tort action for a Funding Default.
Sample 1

Related to Credit Resources

  • Credit Reports Borrower authorizes Lender to obtain a credit report on Borrower at any time.

  • Credit Risk Retention The Seller shall retain, either directly or through a “majority-owned affiliate” (as such term is defined in 17 CFR Part 246.2) of the Seller, an economic interest in the Receivables in accordance with 17 CFR Part 246.4, and shall not, and shall cause any such majority-owned affiliate to not, sell, pledge or hedge such interest except as is permissible under 17 CFR Part 246.12.

  • Credit Reporting; Gramm-Leach-Bliley Act (a) With respect to each Mortgage Loan, each Sexxxxxx xxxxxx xx xully furnish, in accordance with the Fair Credit Reporting Act and its implementing regulations, accurate and complete information (e.g., favorable and unfavorable) on its borrower credit files to Equifax, Experian and TransUnion Credit Information Company (three of the credit repositories), on a monthly basis.

  • Letter of Credit Reports Each Issuing Bank shall furnish (A) to the Agent on the first Business Day of each month a written report summarizing issuance and expiration dates of Letters of Credit issued by such Issuing Bank during the preceding month and drawings during such month under all such Letters of Credit and (B) to the Agent on the first Business Day of each calendar quarter a written report setting forth the average daily aggregate Available Amount during the preceding calendar quarter of all Letters of Credit issued by such Issuing Bank.

  • Credit Risk Accounts that are otherwise determined to be unacceptable by Agent in its Permitted Discretion, upon the delivery of prior or contemporaneous notice (oral or written) of such determination to the Borrower;

  • Fair Credit Reporting Act The Servicer has fully furnished, in accordance with the Fair Credit Reporting Act and its implementing regulations, accurate and complete information (e.g., favorable and unfavorable) on its borrower credit files to Equifax, Experian and Trans Union Credit Information Company (three of the credit repositories) on a monthly basis.

  • Credit Reporting For each Mortgage Loan, the Company shall accurately and fully furnish, in accordance with the Fair Credit Reporting Act and its implementing regulations, accurate and complete information on its borrower credit files to each of the following credit repositories: Equifax Credit Information Services, Inc., TransUnion, LLC and Experian Information Solution, Inc. on a monthly basis.

  • Letter of Credit Requirements (a) Any Letter of Credit required under this Loan Agreement must satisfy the following conditions:

  • The Credit Facilities Section 2.1 The Revolving Credit Facility.

  • Credit Any grant of credit to any customer or distributor on terms or in amounts more favorable than those which have been extended to such customer or distributor in the past, any other change in the terms of any credit heretofore extended, or any other change of Company's policies or practices with respect to the granting of credit; or

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