Borrower’s Request Clause Samples

Borrower’s Request. The City shall have received the Borrower's Draw Request as described in Section 2.2.

Borrower’s Request. Subject to the terms and conditions of this Agreement, Borrowers may, during the Availability Period, on one or more occasions, by written notice to Administrative Agent (which shall promptly notify each Lender), elect to enter into an Incremental Facility Amendment and request additional commitments to make Advances hereunder in an amount not in excess of the Incremental Cap (such requested additional commitments, “Proposed Incremental Commitments”). Except as Borrowers and any Lender may separately agree, no Lender shall be obligated to provide any Proposed Incremental Commitment, and the determination to provide any Proposed Incremental Commitment shall be within the sole and absolute discretion of each Lender and shall be binding on any Lender only upon execution of the relevant Incremental Facility Amendment. Borrowers shall be obligated to offer the opportunity to each existing Lender to participate in any Proposed Incremental Commitment, in an amount up to each such existing Lender’s Incremental Commitment Percentage multiplied by the amount of such Proposed Incremental Commitment, before making any offer to any prospective Additional Lender to participate in such Proposed Incremental Commitment, and to hold such offer to each existing Lender open for a period of ten (10) Business Days. If Lenders decline to participate in such Proposed Incremental Commitment sufficient in the aggregate to achieve the full amount of such Proposed Incremental Commitment (it being understood that Lenders may elect to participate in only a portion of such Proposed Incremental Commitment), then Borrowers may establish Commitments for new Lenders in an amount up to the Proposed Incremental Commitment after taking into account any portion of the Proposed Incremental Commitment in which Lenders elected to participate, provided that each new Lender (1) is (a) an Approved Lender, (b) an Affiliate of any Lender (other than a special purpose vehicle, securitization vehicle or other similar Person) or (c) an Approved Fund of any Lender, (2) is not a natural person, a Borrower or an of Affiliate of a Borrower and (3) makes the Purchaser Representations for the benefit of each existing Lender (any such new Lender, an “Additional Lender”). Each existing Lender or Additional Lender providing a portion of any Incremental Commitment shall execute and deliver to Administrative Agent and Borrowers all such documentation (including the relevant Incremental Facility Amendment) as may be ...

Borrower’s Request. The Borrowers may, by written notice to the Administrative Agent from time to time, request an increase to the existing Facility or one or more new term loan facilities (the commitments thereunder, the “Incremental Commitments” and the Term Loans thereunder, the “Incremental Term Loans”) in an amount not less than $25,000,000 individually from one or more Incremental Lenders (which may include any existing Lender) willing to provide such Incremental Commitments in their sole discretion; provided that each Incremental Lender (which is not an existing Lender) shall be subject to the approval requirements of Section 10.02. Each such notice shall specify (i) the date (each, an “Increase Effective Date”) on which the Borrowers propose that the proposed Incremental Commitments shall be effective, which shall be a date not less than ten (10) Business Days after the date on which such notice is delivered to the Administrative Agent (or such shorter notice as agreed to by the Administrative Agent) and (ii) the identity of each Eligible Assignee to whom the Borrowers propose any portion of such Incremental Commitments be allocated and the amounts of such allocations (each provider of the Incremental Commitments referred to herein as an “Incremental Lender”); provided that any existing Lender approached to provide all or a portion of the proposed Incremental Commitments may elect or decline, in its sole discretion, to provide such Incremental Commitment.

Borrower’s Request. The Agent shall receive (i) Borrowing Notice on or prior to the date required by SUBSECTION 2.5 of this Agreement with respect to any advance under the Revolving Loan, (ii) at least five (5) Business Days' prior notice of the issuance of a Lender Guaranty, (iii) a Monthly Report from the Borrowers dated no more than thirty-one (31) days prior to the date of such advance, and (iv) a Borrowing Base Certificate delivered in accordance with SUBSECTION 3.1 and all other documents required by the terms of this Agreement to have been delivered to the Agent hereunder prior to such date.

Borrower’s Request. If Borrower determines, at any time or from time to time, that a Capital Replacement is necessary or desirable, Borrower will perform such Capital Rider to Multifamily Loan and Security Agreement Replacement Reserve Fund – Immediate Deposits Page 2 Replacement and request from Lender, in writing, reimbursement for such Capital Replacement. Borrower’s request for reimbursement will include (1) a detailed description of the Capital Replacement performed, together with evidence, satisfactory to Lender, that the cost of such Capital Replacement has been paid, and (2) if required by Lender, lien waivers from each contractor and material supplier supplying labor or materials for such Capital Replacement.

Borrower’s Request. Borrower continues to be in default in the payment and/or performance of the Note and other Loan Documents. Borrower acknowledges that the indebtedness evidenced by the Note is due and owing to the Lender without right of setoff, and such indebtedness has not been paid in accordance with the terms of the Loan Documents. Borrower has requested that the Lender forebear from exercising its rights and remedies under the Loan Documents for a period of time as specified herein in reliance upon the covenants, representations, and warranties of Borrower and for other good and valuable consideration.

Borrower’s Request. At any time after the second anniversary of the Closing Date, Borrowers may request that Fleet resign as Agent hereunder and that (i) Fleet transfer all of its interests in the Agreement and the Loan Documents to Bank and (ii) Majority Lenders appoint Bank as successor Agent hereunder. If Bank and Majority Lenders consent to the foregoing, in their reasonable judgment, such resignation, transfer and appointment will take place in the manner set forth in subsections 11.9.1 and 11.11.1 hereof.

Borrower’s Request. The Borrowers may by written notice to the Administrative Agent elect to request the establishment of one or more new U.S. Term Loan Commitments and/or Canadian Term Loan Commitments (each, an “Incremental Term Loan Commitment”) (x) in an aggregate principal amount (for all Incremental Term Loan Commitments pursuant to this Section) not in excess of $400 million and (y) in an aggregate principal amount of not less than $25 million individually. Each such notice shall specify (i) the allocation of such Incremental Term Loan Commitments between the U.S. Term Loan Commitments and the Canadian Term Loan Commitments, (ii) the date on which the Borrowers propose that such Incremental Term Loan Commitments shall be effective (each, an “Increase Effective Date”), which shall be a date not less than 10 Business Days after the date on which such notice is delivered to the Administrative Agent and (iii) the identity of each Eligible Assignee to whom Borrowers propose any portion of such Incremental Term Loan Commitments be allocated and the amounts and Class of such allocations; provided that any existing Lender approached to provide all or a portion of any Incremental Term Loan Commitments may elect or decline, in its sole discretion, to provide such Incremental Term Loan Commitments.

Borrower’s Request. This Guaranty is executed at request of the Purchaser and Éclat and not at the request of the Holder.